villagefit Liability Waiver and Terms of Service
# VillageFIT Group Fitness Terms & Liability Waiver
By registering, booking, purchasing a pass or participating in a VillageFIT group fitness class, you confirm that you have read, understood and agreed to these Terms.
## 1. Health and participation
You confirm that:
* The information you provide about your health and fitness is accurate and complete.
* You will tell your instructor about any injury, illness, pregnancy, recent surgery, medication or medical condition that could affect your ability to exercise safely.
* You will obtain medical clearance before participating if advised by a healthcare professional or VillageFIT instructor, or if you are unsure whether exercise is suitable for you.
* You understand that VillageFIT classes provide general fitness instruction and are not medical advice, diagnosis, treatment or rehabilitation.
* You will exercise at a level appropriate to your ability, follow instructions and use any modifications offered.
* You will stop exercising and immediately notify the instructor if you experience pain, dizziness, faintness, unusual shortness of breath, nausea, chest discomfort or any other concerning symptom.
VillageFIT may modify or refuse your participation where reasonably necessary for your safety or the safety of others.
## 2. Important risk warning
Group fitness is a recreational activity involving physical exertion and carries inherent and obvious risks.
These risks may include overexertion, dehydration, muscle soreness, strains, sprains, falls, fractures, collisions, aggravation of an existing condition, cardiovascular events, permanent injury and, in rare circumstances, death.
Classes may involve weights, resistance bands, steps, mats, dance movements, jumping, running, balance exercises or other equipment. Outdoor classes may also involve uneven or slippery ground, heat, sun, wind, rain, nearby traffic, members of the public and changing environmental conditions.
Some risks may arise from your own actions, the actions of other participants, the condition of equipment or the class environment.
You acknowledge that you participate voluntarily, understand the general nature of these risks and accept responsibility for choosing an appropriate intensity and following safety instructions.
## 3. Liability waiver
To the maximum extent permitted by law, you release and agree not to hold VillageFIT, its owner, instructors, employees or contractors liable for personal injury, loss or damage arising from your participation in a class, including where permitted by law, injury resulting from a failure to exercise reasonable care and skill.
This waiver is intended to operate to the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the Civil Liability Act 2002 (NSW).
Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from reckless conduct, or limits any rights or remedies you have under the Australian Consumer Law.
## 4. Bookings, payments and cancellations
* Classes must be booked and paid for in accordance with the price and conditions displayed at the time of purchase.
* Passes and class credits are for the registered participant only and cannot be transferred or shared unless VillageFIT agrees otherwise.
* Any expiry date shown when purchasing a pass forms part of these Terms.
* The cancellation window displayed through the booking platform applies to your booking.
* Late cancellations and non-attendance may result in the class payment or credit being forfeited.
* Payments and passes are non-refundable for change of mind, except where otherwise agreed or required by Australian Consumer Law.
* If VillageFIT cancels a class, affected participants will receive a replacement credit, transfer or refund as appropriate.
## 5. Class changes and outdoor conditions
VillageFIT may reasonably change an instructor, timetable, class format or location, or cancel a class due to weather, unsafe conditions, instructor illness, venue availability or insufficient bookings.
For outdoor classes, VillageFIT will make reasonable efforts to notify participants of changes. Participants remain responsible for checking class notifications and arriving prepared for the conditions.
## 6. Class conduct and safety
You agree to:
* Follow all reasonable instructions given by the instructor.
* Wear suitable clothing and footwear and bring any required water, towel or equipment.
* Use equipment only as instructed.
* Treat instructors, participants, venue staff and members of the public respectfully.
* Avoid participating while affected by alcohol, recreational drugs or any substance that may impair your ability to exercise safely.
* Avoid photographing or recording other participants without their permission.
VillageFIT may refuse entry or ask a participant to leave for unsafe, aggressive, disruptive or inappropriate conduct. No refund will be provided where removal results from a serious or repeated breach of these Terms.
## 7. Late arrival
Please arrive with enough time to check in and participate in the warm-up. An instructor may refuse participation if you arrive late and they reasonably believe joining the class would be unsafe or significantly disrupt the session.
## 8. Minors and children
Participants under 18 must have these Terms accepted by their parent or legal guardian.
Children may only attend classes where expressly permitted. Unless VillageFIT has specifically agreed otherwise, children remain under the direct supervision and responsibility of their parent or guardian at all times. VillageFIT does not provide childcare during classes.
## 9. Emergency assistance
If you become injured or unwell, you authorise VillageFIT to provide or arrange reasonable first aid and contact emergency services or your nominated emergency contact where considered necessary.
You are responsible for ambulance, medical or other emergency costs incurred on your behalf, except where the law provides otherwise.
## 10. Personal belongings
You are responsible for your personal belongings. VillageFIT is not responsible for loss, theft or damage to personal property except where liability cannot legally be excluded.
## 11. Personal and health information
VillageFIT may collect and use personal and health information for bookings, class safety, communication and emergency management. Relevant information may be shared with your instructor or emergency responders where reasonably necessary.
Any permission to use your photograph or video for marketing must be obtained separately and is not a condition of participating.
## 12. General terms
These Terms are governed by the laws of New South Wales. If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply.
VillageFIT may update these Terms when reasonably necessary. Material changes will be communicated or displayed before they apply to future bookings.
### Participant acknowledgement
By accepting this you agree you have read and agree to the VillageFIT Group Fitness Terms, Risk Warning and Liability Waiver and that you voluntarily agree to participate and accept the risks described above.
By registering, booking, purchasing a pass or participating in a VillageFIT group fitness class, you confirm that you have read, understood and agreed to these Terms.
## 1. Health and participation
You confirm that:
* The information you provide about your health and fitness is accurate and complete.
* You will tell your instructor about any injury, illness, pregnancy, recent surgery, medication or medical condition that could affect your ability to exercise safely.
* You will obtain medical clearance before participating if advised by a healthcare professional or VillageFIT instructor, or if you are unsure whether exercise is suitable for you.
* You understand that VillageFIT classes provide general fitness instruction and are not medical advice, diagnosis, treatment or rehabilitation.
* You will exercise at a level appropriate to your ability, follow instructions and use any modifications offered.
* You will stop exercising and immediately notify the instructor if you experience pain, dizziness, faintness, unusual shortness of breath, nausea, chest discomfort or any other concerning symptom.
VillageFIT may modify or refuse your participation where reasonably necessary for your safety or the safety of others.
## 2. Important risk warning
Group fitness is a recreational activity involving physical exertion and carries inherent and obvious risks.
These risks may include overexertion, dehydration, muscle soreness, strains, sprains, falls, fractures, collisions, aggravation of an existing condition, cardiovascular events, permanent injury and, in rare circumstances, death.
Classes may involve weights, resistance bands, steps, mats, dance movements, jumping, running, balance exercises or other equipment. Outdoor classes may also involve uneven or slippery ground, heat, sun, wind, rain, nearby traffic, members of the public and changing environmental conditions.
Some risks may arise from your own actions, the actions of other participants, the condition of equipment or the class environment.
You acknowledge that you participate voluntarily, understand the general nature of these risks and accept responsibility for choosing an appropriate intensity and following safety instructions.
## 3. Liability waiver
To the maximum extent permitted by law, you release and agree not to hold VillageFIT, its owner, instructors, employees or contractors liable for personal injury, loss or damage arising from your participation in a class, including where permitted by law, injury resulting from a failure to exercise reasonable care and skill.
This waiver is intended to operate to the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the Civil Liability Act 2002 (NSW).
Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from reckless conduct, or limits any rights or remedies you have under the Australian Consumer Law.
## 4. Bookings, payments and cancellations
* Classes must be booked and paid for in accordance with the price and conditions displayed at the time of purchase.
* Passes and class credits are for the registered participant only and cannot be transferred or shared unless VillageFIT agrees otherwise.
* Any expiry date shown when purchasing a pass forms part of these Terms.
* The cancellation window displayed through the booking platform applies to your booking.
* Late cancellations and non-attendance may result in the class payment or credit being forfeited.
* Payments and passes are non-refundable for change of mind, except where otherwise agreed or required by Australian Consumer Law.
* If VillageFIT cancels a class, affected participants will receive a replacement credit, transfer or refund as appropriate.
## 5. Class changes and outdoor conditions
VillageFIT may reasonably change an instructor, timetable, class format or location, or cancel a class due to weather, unsafe conditions, instructor illness, venue availability or insufficient bookings.
For outdoor classes, VillageFIT will make reasonable efforts to notify participants of changes. Participants remain responsible for checking class notifications and arriving prepared for the conditions.
## 6. Class conduct and safety
You agree to:
* Follow all reasonable instructions given by the instructor.
* Wear suitable clothing and footwear and bring any required water, towel or equipment.
* Use equipment only as instructed.
* Treat instructors, participants, venue staff and members of the public respectfully.
* Avoid participating while affected by alcohol, recreational drugs or any substance that may impair your ability to exercise safely.
* Avoid photographing or recording other participants without their permission.
VillageFIT may refuse entry or ask a participant to leave for unsafe, aggressive, disruptive or inappropriate conduct. No refund will be provided where removal results from a serious or repeated breach of these Terms.
## 7. Late arrival
Please arrive with enough time to check in and participate in the warm-up. An instructor may refuse participation if you arrive late and they reasonably believe joining the class would be unsafe or significantly disrupt the session.
## 8. Minors and children
Participants under 18 must have these Terms accepted by their parent or legal guardian.
Children may only attend classes where expressly permitted. Unless VillageFIT has specifically agreed otherwise, children remain under the direct supervision and responsibility of their parent or guardian at all times. VillageFIT does not provide childcare during classes.
## 9. Emergency assistance
If you become injured or unwell, you authorise VillageFIT to provide or arrange reasonable first aid and contact emergency services or your nominated emergency contact where considered necessary.
You are responsible for ambulance, medical or other emergency costs incurred on your behalf, except where the law provides otherwise.
## 10. Personal belongings
You are responsible for your personal belongings. VillageFIT is not responsible for loss, theft or damage to personal property except where liability cannot legally be excluded.
## 11. Personal and health information
VillageFIT may collect and use personal and health information for bookings, class safety, communication and emergency management. Relevant information may be shared with your instructor or emergency responders where reasonably necessary.
Any permission to use your photograph or video for marketing must be obtained separately and is not a condition of participating.
## 12. General terms
These Terms are governed by the laws of New South Wales. If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply.
VillageFIT may update these Terms when reasonably necessary. Material changes will be communicated or displayed before they apply to future bookings.
### Participant acknowledgement
By accepting this you agree you have read and agree to the VillageFIT Group Fitness Terms, Risk Warning and Liability Waiver and that you voluntarily agree to participate and accept the risks described above.