Terms and Conditions

Terms and Conditions

 

Welcome to the Emanate Fitness website at www.emanatefitness.com! We are excited to have you visit our website and we encourage you to read these terms and conditions carefully before you continue browsing or using our site. The terms “Emanate Fitness”, “we” or “our” in these terms and conditions refers to the employees, trainers, contractors, website administrators and any agents or assigns of Emanate Fitness ABN 53 665 421 338.

By browsing and using this website you are signifying your agreement to these terms and conditions as well as to our Privacy Policy. Please note that these terms and conditions may be modified at any time and the terms and conditions as amended will be effective and applicable immediately upon being posted on our website.

Website Content Disclaimer

While we endeavor to be as accurate as possible in providing you with information via our website, we cannot warrant or guarantee the accuracy, suitability, performance or completeness of the information or content contained on our website and we expressly exclude liability for any loss, injury or damage sustained by you due to your use of the information or services contained on our website to the greatest extent permitted by law. We cannot warrant or guarantee that the information provided on our website will be beneficial to you nor can we warrant or guarantee that such information will not contain errors, inaccuracies or inconsistencies. The content of this website does not constitute advice (including medical advice) and you should not rely on this website to make, or refrain from making, any decision. Your use of any of the information on our website is at your own risk. We strongly encourage you to exercise caution when reading and/or using any of the information contained on our website.

In addition, please note that the information contained on our website is of a general nature only and may be contraindicated or unbeneficial either generally or specifically to you as an individual. We strongly urge you to consult your general practitioner and/or appropriately qualified allied health professional concerning your own specific circumstances in relation to information that may have an impact upon any medical or other condition you may have before choosing to use any of the information on our website (including but not limited to information relating to nutrition, recipes, types of exercises and exercise suggestions). It is your responsibility to ensure that your use of any information on our site is suitable to your specific needs and requirements and to the extent permitted by law we will not be liable for any direct or indirect loss, injury or damage sustained by you due to your reliance on or use of the website or the information or content contained on it.

The information on this website including all prices and promotional material is subject to change without notice.

Quality of Website

We cannot guarantee or warrant that our website will be without errors, nor can we guarantee that any documents or files you download from our site will be free of viruses or other destructive features.

Security

While we endeavour to ensure that our website is secure and your information is kept confidential, we cannot guarantee or warrant that use of our website will be totally secure and we cannot therefore guarantee the security of any information you transmit or use through our website. Any information transmitted to us through our website is at your own risk.

Limitation of Liability

Emanate Fitness will not be liable for any loss, injury or damage sustained by you, whether direct or indirect, arising out of your access to, reliance on, perusal of or use of the Emanate Fitness website or any linked website. We expressly exclude any condition or warranty which would otherwise be implied into these terms to the extent permitted by law. We do not purport to exclude liability arising in negligence or pursuant to statute to the extent that such liability cannot be lawfully excluded.

Indemnity

You agree that you will fully indemnify Emanate Fitness for any and all loss, damage, costs, claims, expenses, demands and legal proceedings arising in common law or under statute or in any other manner due to any breach of these terms and conditions by you or your use or reliance upon our website or any content you post on the website or any communications you have with us or any other Emanate Fitness clients.

Intellectual Property and Copyright Policy

The intellectual property content on this website including text, images, logos, photographs, videos, sound recordings, website layout and design and other material is owned by Emanate Fitness. This material is protected by intellectual property law (including copyright) and should not be copied, published, distributed or reproduced other than for your own personal and non-commercial use provided that the material used is not altered at all.

You may share material on this site by legitimately attributing that information to Emanate Fitness including by way of sharing content via social media or with specific written permission by us.

Unauthorised use of this website or any material or content on it may give rise to a claim for damages or legal proceedings against you.

Links or Referral to Third Party Websites

From time to time, the Emanate Fitness website may refer you or contain links to other websites for your information or convenience. We do not have control over other websites and cannot accept any responsibility for the condition or content of these websites or the security, protection and privacy of any of your information when using any other websites. The provision of links to other websites does not indicate, either expressly or impliedly, any endorsement of those websites or their content. We cannot guarantee the accuracy or completeness of information and content contained on any other website nor can we guarantee that such websites will be free from offensive or illegal material or viruses. Any access to any other websites referred to on our website is at your own risk.

You should exercise reasonable caution and read the Privacy Policy and any Terms and Conditions for any other websites to which you are referred by our website.

Password

If you create a password on the Emanate Fitness website, it is your responsibility to protect your login details including any password created by you and ensure that this information is not disclosed to any third party. We will not be liable for any damage or costs sustained by you due to your failure to keep this information secure

Severability

If any provision in these terms or conditions is deemed to be void, illegal or otherwise unenforceable by any judicial or competent authority, that provision may be severed without affecting the enforceability of the other terms and conditions.

Applicable Law

These terms and conditions are governed by the laws in force in the Australian Capital Territory in Australia. Emanate Fitness makes no guarantees that this website complies with the laws of any country outside of Australia. You are responsible to ensure that you comply with and adhere to any local laws applicable in your country or jurisdiction.

Payment and Refund Policy

Payment for any services of Emanate Fitness will be made by way of Paypal from our website or by way of cash or credit card in person. We will not be held liable for any loss caused to you due to your use of any of the payment methods offered unless the loss sustained is directly attributable to our actions (such as fraudulent conduct on the part of our employees).

All Emanate Fitness services or packages must be paid for prior receipt of any service including personal or group fitness training.

For personal training services, a minimum of 24 hours’ notice must be given for all session cancellations. If notice is not given, payment for that session will not be refunded. In the case of small group personal training sessions, no refund will be given if (1) notice is not provided of cancellation at least 24 hours prior to the session or (2) one or more people fail to attend the personal training small group session however the session still proceeds or no notice of cancellation is provided at least 24 hours before the session.

Please note that all orders or payments made for services are subject to acceptance by us. Further, we reserve the right to terminate your access to any services offered by us in the event that you do not comply with our payment policy.

Conditions of Use of Emanate Fitness Services

Your involvement in Emanate Fitness services will encourage you to participate in a range of physical activities including aerobic-type activities (such as walking, running, boxing, skipping, power ropes, jumping, rowing machine, treadmill), calisthenics and/or weight lifting type activities, flexibility activities and agility drills (including rapid changes of movement, sprinting, jumping, coordination and balance exercises).

You need to be aware that physical activity and exercise presents the possibility of risk of injury or illness or certain abnormal changes including but not limited to increase or decrease in blood pressure and/or heart rate, ineffective functioning of the heart, musculoskeletal pain, strain and injury, fainting, nausea and in rare instances, heart attack or death. Consequently, it is crucial that you:

  1. Consult with your general practitioner prior to commencing an exercise program to receive clearance to undertake an exercise program as well as to ensure that you are aware of any individual limitations, contraindications or restrictions to you participating in physical activity or certain types of physical activity;
  2. Immediately seek medical attention from your general practitioner or appropriate allied health professional if you experience abnormal or unexpected changes to your physical condition at any time;
  3. Immediately cease physical activity and inform your trainer if you experience any abnormal symptoms or symptoms that you are uncertain about including but not limited to unusual fatigue, lightheadedness, confusion, dizziness, shortness of breath, nausea, overheating, tightness or pain in the chest, blurring of vision or joint or muscle pain;
  4. Provide accurate information to your trainer (including in completion of the pre-exercise questionnaire) about any conditions you have which may affect your ability and tolerance to undertake physical activity or which may be impacted by physical activity.

Additional risks to those presented by physical activity may be presented by the weather, environment, incorrect use of exercise equipment, pollution and other factors. Many of these factors will be outside of our control and consequently, we cannot accept liability for any damage sustained by you as a consequence of these factors. You should endeavour to reduce these risks and ensure that you take appropriate precautions when undertaking physical activity including by wearing suitable clothing and footwear (loose and comfortable clothing, warmer clothing and potentially thermal gear during winter, running or cross-trainer shoes and not open toed shoes), bringing along a towel, adhering to all safety instructions provided by trainers, seeking clarification if instructions provided are unclear to you and bringing along sufficient water to ensure you do not suffer dehydration. If you have a medical condition, you will also need to consider whether you need to bring along anything in relation to that condition such as Ventolin if you suffer from asthma.

Emanate staff are not qualified to provide you with medical advice and you must consult a qualified medical professional if you have any questions or concerns in relation to any medical condition. You are responsible to make relevant inquiries and seek independent advice from an appropriate medical or allied health professional before engaging in Emanate Fitness services or acting upon any of the information on our website. In particular, you should consult with your general practitioner before commencing physical activity or using any of the services on our website if you are pregnant or attempting to conceive; have an ongoing injury or musculoskeletal condition; suffer from cancer or any other long term illness; have an eating disorder; have diabetes, high or low blood pressure, cardiovascular issues or issues with cholesterol; are over 45 years of age; have liver or kidney disease or renal failure or are recovering or have recently recovered from any other injury or illness.

It is your choice to participate in any physical exercise programs and activities offered by Emanate Fitness and you are doing so voluntarily and at your own risk at all times. You are not obliged to perform or participate in any activity that you do not wish to and it is your right to refuse such participation at any time. In participating in Emanate Fitness Services, you guarantee that you (1) recognise the risks of physical activity; (2) are physically fit to participate safely in physical activities or other services offered by Emanate Fitness and (3) have not been advised by a qualified general practitioner or other health professional that you are not physically fit to participate safely in physical activities or other services offered by Emanate Fitness. You also attest that you are not aware of any injury, medical or health condition or other impairment that may be adversely affected if you participate in physical activities or other services offered by Emanate Fitness and if you become aware of any such injury, medical or health condition or other impairment, you will cease physical activity and advise your trainer. Such conditions include but are not limited to asthma, diabetes, heart problems, epilepsy, injury, illness, pregnancy and high blood pressure. If you continue to participate in physical activities or any other services offered by Emanate Fitness, you have chosen to accept the risks outlined above and assume the responsibility for any injury or damage sustained as a consequence of your continued participation and we will not be liable for any injury or damage sustained by you.

By participating in Emanate Fitness activities you give permission for Emanate Fitness staff and trainers to administer first aid deemed necessary and seek emergency medical services for you should you become injured or ill with the understanding that you will be responsible for any expense incurred. You recognise that there may be no or inadequate treatment or transport of you if you sustain injury or fall ill during Emanate Fitness activities.

We will not be liable for injury sustained to participants who fail to comply with safety instructions.

While we will genuinely endeavour to work with you to achieve your goals, we cannot guarantee that you will achieve your health and fitness goals by participating in or accepting Emanate Fitness services.

 

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