Active Beats T&Cs | Active Beats

Active Beats Terms & Conditions

Interpretation:
• Active Beats means Active Beats ABN 20 522 040 519 and its permitted successors and assigns.
• Agreement means this document, the attached Enrolment Form as well as any schedule or annexure to this document.
• Representative means any of Active Beat's directors, officers, contractors, sub contractors, servants, agents or other representatives.
Payment:
• All fees (unless paid in full), Active Beats sessions & availability of Active Beats sessions are subject to change without notice.
• Full payment of fees is required in advance for all Active Beats sessions and is the mechanism for securing my place in an Active Beats session.
• Pro-rata payments for some Active Beats sessions can be arranged on application.
Refund:
• Where the relevant Active Beats Session has not commenced and where I have given Active Beats less than 14 business days prior written notice of my intention to withdraw from a Active Beats session, I am entitled to a full refund or credit less a 50% cancellation fee and administration fee.
• Once an Active Beats Course has commenced, I am not entitled to a refund or credit.
Active Beats Rights: Active Beats may:
• Vary the delivery of an Active Beats session at anytime without notice.
• Cancel or postpone an Active Beats session up to 24 hours prior to the commencement of that Active Beats session. Where an Active Beats session is cancelled by Active Beats, I will be offered the choice of refund or credit.
• Refuse my entry or continuation to an Active Beats session if Active Beats Representatives have deemed (at their sole discretion) me not to be medically or physically fit to participate. However, Active Beats is not able to provide advice concerning medical fitness to undertake any exercise or activity and that it is my responsibility to seek medical advice in this regard.
• Refuse my entry or continuation in an Active Beats session if Active Beats Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
Warning: Participation in an Active Beats session can be inherently dangerous. Accidents may happen which may result in me being injured or even killed. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in each relevant Active Beats session.
Fitness to Participate: I am and will continue to be medically and physically fit and able to participate in the sessions. It is my responsibility to have my blood pressure checked prior to my first session and I agree that I’m healthy to exercise. If not, I will notify Active Beats and will get Active Beats to take my blood pressure. I am not and will not be a danger to others or myself. I will immediately notify Active Beats in writing of any change to my fitness and ability to participate. Unless I notify Active Beats otherwise, I understand and accept that Active Beats will continue to rely upon this declaration as evidence of my fitness and ability to participate.
Medical Treatment: I consent and authorise Active Beats and its Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in an Active Beats session and agree to pay for any costs or expenses incurred by Active Beats in administering or obtaining such medical assistance.
Exclusion of Liability: To the extent permitted by law and while all reasonable care is taken, Active Beats and its Representatives cannot be held responsible and excludes all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity, goodwill and/or data, and failure to realise anticipated savings or benefits).
Release and Indemnity: To the extent permitted by law, I release and indemnify, and will keep indemnified, Active Beats and all of their Representatives in relation to all claims which I now, or at any time in the future may have against Active Beats, arising from or related in any way to the supply and my participation in Active Beats sessions.
Privacy: I understand that the information I have provided is necessary for my participation in any Active Beats sessions. I acknowledge and agree that the information will only be used by Active Beats to facilitate the conduct of Active Beats sessions. As part of my enrolment with Active Beats, I acknowledge that I may receive information from time to time about the products and services offered by Active Beats. If I do not wish to receive such information from Active Beats, I will notify Active Beats in writing.
Photographs and right to use: Photos may be taken and used by Active Beats for promotional purposes, without payment or compensation to me. Such photos are and will remain the property of Active Beats.
Assignment: Active Beats may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with Active Beats without prior written consent of Active Beats (which may not be unreasonably refused).
Severability: If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
Active Beats Live online fitness sessions: I agree to provide Active Beats any relevant information regarding any injuries or health concerns prior to commencing any online sessions. I am responsible for making a safe workout environment within my own home and take full responsibility for any property damage or injury to myself. I am responsible for my own duty of care whilst undertaking the online program.
This Agreement cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Active Beats.
I have provided the information required overleaf and signed the form. I warrant that all information provided is true and correct. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity.

Photographs and right to use: Photos may be taken and used by Active Beats for promotional purposes, without payment or compensation to me. Such photos are and will remain the property of Active Beats.

Assignment: Active Beats may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with Active Beats without prior written consent of Active Beats (which may not be unreasonably refused).

Severability: If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.

This Agreement cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Active Beats.

I have provided the information required overleaf and signed the form. I warrant that all information provided is true and correct. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity.