Terms and Conditions
These are the Terms and Conditions we, Live Life Get Active (ABN 53 152 823 071) of Suite 5.10 Level 5, 55 Miller Street, Pyrmont NSW 2009, are willing to provide Membership to you. Please ensure you read these carefully and, once understood, confirm your acceptance to these as they form the governance of your Membership with us.
- 1.1 Live Life Get Active Pty LtdWe / Our / Us / LLGA
- 1.2 Active CampsExercise Sessions run by Live Life Get Active; Active Cross Training / Active Boxing Classes / Active Yoga
- 1.3 Trainer/ ContractorA Live Life Get Active fully qualified, certified and insured Personal Trainer
- 1.4 YouA Live Life Get Active Registered Member
- 1.5 Community PlatformLive Life Get Active’s own Message Boards / Forums / Community Groups
- 1.6 Website / Booking SystemLive Life Get Active’s Online Booking System
- 1.7 Registration FormForm every Member needs to have filled out in order to be eligible to participate in Active Camps.
- 1.8 MembershipIncludes those individuals fully signed up to Our Website, having accepted these Terms & Conditions.
2.0 Effective Date & Term
The effective date of these Terms & Conditions is the date on which an individual registers as a Live Life Get Active member, either online or by submitting a completed Registration Form.
Term of Membership is ongoing, unless cancelled by either party. Membership may be terminated at any point by You by contacting LLGA. LLGA reserves the right to decline or terminate Your Membership at any time.
3.0 Modifications to Terms
From time to time, we may update and change these Terms and Conditions without notice. You are bound by the latest version of Our Terms & Conditions which can be found at www.livelifegetactive.com. Your continued attendance at our Active Camps and/or use of our website will indicate that you accept and agree to any amendments.
Where there are material change (in our reasonable opinion) that could adversely affect Members, we will provide you additional notice by way of an email address you have provided to us.
4.0 Age & Eligibility
Members must be 18 years or older.
5.0 Conditions of Attendance at Active Camps
- 5.1 Informed ConsentYou understand that if you suffer from certain physical conditions, you may be required to have Medical Clearance and GP’s Consent Form: Live Life Get Active in its sole discretion may deem Active Camps to present an unreasonable risk to your health, were you to participate in an Active Camp and we reserve the right to refuse Your Membership.In consideration of being allowed to participate in the Active Camps and to use equipment owned and/or under the control of Live Life Get Active, You do hereby waive, release and forever discharge Live Life Get Active from any and all responsibility or liability for injuries or damages resulting from my participation in any activities or Your use of equipment during Active Camps.You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, in the outdoors, are potentially hazardous activities. You understand that you are voluntarily participating in these activities and using equipment with the knowledge of the dangers involved. You hereby agree to expressly assume and accept all and any risks of injury or death. You understand it is your responsibility to inform the Live Life Get Active Trainer, on a class-to-class basis, of any past or present physical conditions that may inhibit you or prevent you from doing certain exercises.You have the right to terminate a particular exercise or workout at any time. You are in control of your workouts. If an exercise is uncomfortable or painful, or if you want to stop for any reason, you may do so. If a particular exercise is painful for you to do or you have an injury or other limitation that makes it difficult for you to do, you are aware that you have the right to request advice from any of the Live Life Get Active Trainers, at any time, in relation to the activities and exercise being undertaken. If you choose not to take advice, or to disregard any advice so given, you do so voluntarily and accept liability for all resulting injuries or damage. In addition, you understand that the Trainer may physically adjust you to make sure an exercise is performed safely and effectively, and that you are free to decline an adjustment.
- 5.2 Camp ProtocolUnless other arrangements are made, Active Camps, last approximately forty-five (45) minutes. In order to provide the best service to all Members, Live Life Get Active asks that all Members be ready to begin their session at the scheduled time. Time lost at the beginning of a session due to Member lateness cannot be made up at the end of the session as this could potentially impact the next scheduled Active Camp.Shirts and shoes are required at all times during sessions. Members should also have water available as necessary during the workout.We cannot confirm or guarantee any specific Trainer will be available at a named Active Camp.You will get from your workouts what you put in. Results will vary by individual and Live Life Get Active cannot guarantee specific results. Members must acknowledge that they themselves are responsible for their decisions regarding whether or not to exercise consistently, eat properly, rest enough, and live a healthy lifestyle.
- 5.3 Appropriate BehaviourLive Life Get Active reserves the right to refuse a Member the right to participate in an Active Camp (whether or not the correct booking procedure has been followed), if that Member is deemed to be intoxicated, under the influence of drugs, or otherwise behaving dangerously or inappropriately.
- 5.4 Marketing MaterialWe may sometimes film or photograph an Active Camp. It is possible you may appear in the background. By agreeing to these Terms & Conditions you consent to the resulting materials being used for commercial distribution, publication and Live Life Get Active communications, without payment or copyright.
- 5.5 Your FeedbackYour feedback is important in helping us to resolve your concerns quickly and effectively. If you have any feedback or questions about our Active Camps, our Trainers, our Website or our service in general, please contact us.
6.0 Use of the Booking System
You agree to provide information that is truthful and accurate. You agree to use the Registration Form on our website to make only genuine bookings for you, or for other persons for whom you are authorised to act.
We try to update our website regularly, so we may have to suspend access, service or functionality from time to time, without notice. If required, we may have to close Our Website indefinitely. We will not be liable if, for any reason, Our Website is unavailable at any time or for any period of time.
Some of the images that appear on Our Website are generic images: not all images of beaches or parks on a venue’s page of the website may be of that specific venue.
As information or data transmitted to or from our website passes over public telecommunications networks, we can’t promise that the operation of our website will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the Website including but not limited to tampering with, or hacking into, the Website or the servers on which it resides.
- 6.1 Registration & PasswordYou are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password.
- 6.2 Ownership of the Booking System WebsiteExcept for the User Generated Content, the Website and Booking System and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by Live Life Get Active or its licensors.You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use.
- 6.3 Community GuidelinesYou agree to use the Community Platform in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use and enjoyment of the website. If you don’t comply with these terms and conditions, we may deny you access to the Community Platform.There are several areas on the Community Platform on which users may post information, photos, content and user submissions as well as allowing you to see content submitted by other users. Any information posted to the Community Platform can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Live Life Get Active does not endorse any information posted on the Community Platform and posts made by users do not necessarily reflect the views of Live Life Get Active. Information on the Community Platform should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Platform is at your own risk.You agree not to reproduce, distribute, modify or re-post our content on another website, frame or mirror our website or link to our website without our prior written consent.If you believe that your rights have been infringed by any other User, or wish to report any content that does not comply with these terms, please contact us.
- 6.4 Updating your stats You agree to update your stats on a 14 day basis and understand if this is not done then you may be blocked from booking into a camp. It is important to update your stats so we can show our funding partners and the councils who support us that we are making a difference to the lives of people within their communities.
7.0 Intellectual Property
We own, or are the licensee of, all intellectual property rights in the content of our website, publications and marketing, including but not limited to text, photos, graphic designs, images, audio, video recordings and any data entered.
Use of our website, publications and marketing does not give you any right to use or reproduce any of its content or the trademarks on it.
Our website, marketing and publications may contain links or references to third party websites and resources. We have no control over the contents of those websites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party websites or resources.
8.0 Your Privacy
Live Life Get Active respects your privacy. Due to the nature of our services, it is necessary to collect certain personal information from Members. All information collected is treated as STRICTLY CONFIDENTIAL, and Live Life Get Active will not share or redistribute your information with any third party on an individual level except as required by law.
We may however, share aggregated or anonymised information with third parties. This information cannot be used to individually identify you. Much of the information we collect is in the form of aggregated statistics, such as weight lost per State / Local Government Area, and the changing health of the Nation. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties as we see fit.
Your mobile phone number may be used for operational purposes to allow a Live Life Get Active staff member to contact you in case of an emergency or to notify you of a change in your booking.
9.0 Our Liability
The material in our website, marketing and Active Camps is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.
To the extent permitted by law, we and third parties connected to us exclude:
- all conditions, warranties and other terms and conditions which otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Except as expressly set out in these terms and conditions, all representations, warranties, conditions and other terms and conditions implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms and conditions is intended to exclude our or your liability for death or personal injury arising from negligence.
In the case of force majeure or bad weather Members with bookings will be informed of Active Camp cancellations via email.
10.0 Survival and Jurisdiction
If any of these terms and conditions are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms and conditions will continue in full force and effect, severing the void term.
These terms and conditions are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction and courts hearing appeals from those courts.