WARNING AND ACKNOWLEDGMENT OF RISKS. INJURY AND OBLIGATIONS
I acknowledge that the activity I am to undertake is a recreational activity that may involve a risk of harm (the “activity”) and that by participating in it I am exposed to certain risks.
I further acknowledge that I am not required to engage in the activity.
I ACKNOWLEDGE AND UNDERSTAND that whilst participating in the activity:
• The activity may cause injury, physical or mental, or cause death.
• Personal property may be lost or damaged.
• Other persons participating in such activity may cause me injury or may damage my property.
• Injury may be caused to other persons or their property may be damaged.
• The conditions in which the activity is conducted may vary without warning.
• Injury, physical or mental, or death or damage to property may result from the negligence of, or breach of an express or implied term of a contract by, the Recreational Activity Provider.
• There may be no or inadequate facilities for treatment or transport in the event of injury.
• The person participating in the activity assumes the risk of and responsibility for any injury, death or property damage resulting from participating in the activity.
RELEASE AND INDEMNITY TO THE RECREATIONAL ACTIVITY PROVIDER
IN CONSIDERATION of my payment for participating in the activity (and except to the extent that the same may be precluded by statute) I AGREE THAT with the Recreational Activity Provider as follows:
1. I participate in the activity at my own risk and responsibility.
2. I have received a risk warning in relation to the recreational activity.
3. I hereby release and hold harmless the Recreational Activity Provider, its servants and agents, from and against all and any actions, demands, suits, proceedings or claims which may be made by me or on my behalf or by other parties on my behalf for or in respect of or arising out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract, breach of any express or implied warranty that the recreational services or activity will be rendered with reasonable care or skill, breach of any statute or statutory duty or in any way whatsoever.
4. In the event that I am injured or my property is damaged, I will bring no claim, or commence any legal proceedings, against the Recreational Activity Provider in respect of that injury or damage.
5. I hereby indemnify and keep indemnified the Recreational Activity Provider from and against all and any actions, demands, suits, proceedings or claims that may be brought or made against the Recreational Activity Provider by any person by reason of or in respect of any act, default or neglect by me in participating in the recreational services or activity or in anyway whatsoever relating thereto or arising therefrom and from and against any costs and expenses that may be incurred by that person in connection with such actions, demands, suits proceedings or claims.
TERMS & CONDITIONS OF USE / LEGAL NOTICE
Please read carefully.
The following terms and conditions (“Terms”) governing your use of this website (the “Site”). Use of this Site constitutes your agreement to be bound by and to act in accordance with these Terms. Be Fit Pilates reserves the right to change the Terms at anytime. Any such changes will be posted on this Site and you agree to be bound by such changes.
Ownership Rights/Use of Site Materials: Be Fit Pilates owns all rights, title and interest in and to this Site including all copyrights for all material on this Site an/or has a valid right from a third party to use the material on this Site. Be Fit Pilates also owns all trademarks, service marks, trade names, logos and domain names used on, or in connection with, this Site. No part of this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of Be Fit Pilates.
Disclaimer/Limitation on Liability: Use of and browsing in this Site are at your own risk. Be Fit Pilates or its agents is not liable for any indirect, special, punitive, incidental, exemplary or consequential damages or injury arising out of your use of this Site. To the extent permitted by law, and without limiting any of the foregoing, everything on this Site is provided to you on as “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Check your local laws.
Links: Be Fit Pilates is not responsible for third party websites that link to or from this Site and disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services. Be Fit Pilates will not be held liable or responsible for the content of any sites that link to or from this Site.
Accuracy of Information: Be Fit Pilates takes all possible steps to ensure the accuracy of the information included in this Site, however takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
No Waiver: The failure on the part of Be Fit Pilates to enforce any part of these Terms shall not constitute a waiver of any of Be Fit Pilates’ rights hereunder for past or future actions.
Jurisdiction: Any dispute over the content or use of this Site shall be governed by the substantive laws of Queensland Australia, and the jurisdiction and venue of any such action shall be vested solely in the state and federal courts of Queensland.
This Site is for informational and entertainment purposes only. It is not intended to provide any medical information about the body, injuries or otherwise.
BY USING THIS SITE, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
© Be Fit Pilates, 2016 All Rights Reserved.
This is the way we handle information: When a visitor gives us their email address, or sends us email correspondence, we retain their email address. We do not share our email lists with third parties for marketing purposes. We use email addresses to communicate with you regarding your orders and other matters regarding transactions between us or your customer relationship with us. We may also use your email address to share information about Be Fit Pilates products and services that may be of interest to you. You may opt out of receiving such promotional messages from us at any time. If we do send you a promotional email, you will be given the opportunity to decline receiving similar emails in the future.
Visitor-keyed Information: We retain information provided by our visitor, such as registration information, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) and contact information (e.g., name, address, phone number). On request with verification, we will give the visitor a reminder with unique identifier information (e.g., customer number or password).
Disclosure: If required by law, court order or in the good faith belief that disclosure is otherwise advisable, we may disclose your information.