TERMS & CONDITIONS

TERMS AND CONDITIONS – CrossFit Norsemen  

IMPORTANT: Please read this document carefully. It is a condition of your use of our services that you comply with these terms and conditions.

These terms and conditions apply to all Goods and Services supplied by CrossFit Norsemen (“CFN”). These terms and conditions are to be read in addition to and will prevail over any additional terms and conditions specified for any individual purchase of services, programmes, products, courses, fitness sessions, seminars and competitions supplied by CFN.

In so enrolling and in consideration of any fee (if applicable) for entry to any services. I acknowledge, warrant and agree that:

  • Interpretation
    1. CrossFit Norsemen (“CFN”) means: CrossFit Norsemen Pty Ltd ABN: 74 624 856 800 trading as CrossFit Norsemen and its permitted successors and assigns.
    2. Agreement means this document, the electronic enrolment attached as well as any schedule and/or annexe to this document.
    3. CFN Representative means any of CFN’s directors, officers, contractors, subcontractors, servants, agents, employees or other representatives.
    4. “I” means the CFN member that has signed this Agreement, but also as a parent and or guardian on behalf of a child member providing permission of that said child participating in a CFN Goods and Service.
    5. CFN Goods and Services means any classes, programmes, products, courses, fitness sessions, PT or group sessions, seminars and competitions. This definition is not exhaustive and may be altered to include other services which will be defined from time to time.
  • Payments
  1. All fees and CFN Goods and Services are subject to change at the sole discretion of CFN. Full payment of fees is required in advance for all CFN Goods and Services as is the mechanism for securing my place in CFN Goods and Services.
  2. A minimum of Three-Month Membership is required making full payments prior to any cancellation, termination or freeze.
  3. The members’ credit card or bank account will be debited every two week (14 Day) period for the life of the membership following the start date specific to each membership.
  4. A Late Payment/Declined Credit Card Fee of $10 may be charged on any overdue payments.
  • Membership Freeze, Refund & Cancellation Policy
  1. The Freeze period must be for a minimum four (4) calendar weeks.
  2. A Freeze period for members still in their 3-Month Memberships cannot occur as they must still comply with the initial 3-Month minimum Membership terms.
  3. Members eligible for membership freeze may request a Freeze period with prior notice given to CFN no later than 7 days prior to the first day of the Freeze period. An administration fee of $10 per week deducted in advance, fortnightly is payable by the member for the duration of the freeze. Regular billing will automatically resume upon the end of the Freeze period.
  4. There are no refunds for membership fees. This may be altered and/or waived at the sole discretion of CFN Directors.
  5. Once the member has completed his/her minimum 3-month required membership, A minimum of 30 days’ notice is required for the termination of Membership during which at least two (2) full payments of the membership will be made. Members may cancel their memberships by notifying CFN in person and confirmed in writing no later than 7 days prior to the next Payment Date.
  6. 30 days membership termination notice cannot be commenced if membership is in arrears or if the membership is in a freeze period.
  • Participation Policy
  1. Refusal of entry or continuation to CFN Goods and Services if CFN’s Representatives (at their sole discretion) have deemed me not to be medically or physically fit to participate. However, CFN 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.
  2. Refusal of my entry or continuation to CFN Goods and Services, if CFN’s Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
  3. CFN may set operational rules for the effective running of CFN Goods and Services. Current key operational rules include (but not limited to):
  4. Class capacity – at present, classes are capped at 30 members unless CFN representatives deem it safe to exceed this number.
  5. Apparel – members are not allowed to wear open toe shoes and/or sandals for any CFN services. Please be respectful and wear appropriate clothing when training. Shirts must be worn at all times.
  • Warning
  1. Participation in exercise can be inherently dangerous. I understand that CFN Goods and Services, will involve gymnastics, weight lifting, outdoor running, bodyweight and various highly strenuous activities on the body. It is my right as a member to refuse participation in any exercise if I do not want to perform them. I understand that accidents may happen which may result in me being injured or even killed. If I am feeling pain, discomfort, dizziness or over exertion in any way, I am to stop training and inform a CFN Representative immediately. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in any given exercise or exercise session
  2. Fitness to Participate: I am and will continue to be medically and physically fit and able to participate in exercise, subject to any pre-existing condition as disclosed formally in writing to CFN. I am not and will not be a danger to others or myself. I will immediately notify CFN in writing of any change to my fitness, health and ability to participate. Unless I notify CFN, I understand and accept that CFN will continue to rely upon this declaration as evidence of my fitness and ability to participate.
  • Medical Treatment

I consent and authorise CFN Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in CFN Goods and Services and agree to pay for any costs or expenses incurred by CFN in administering or obtaining such medical assistance.

If I am signing on behalf of a child participating with a CFN Goods and or Service, I also give full permission for any person connected with CFN to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

  • Exclusion of Liability

To the extent permitted by law and while all reasonable care is taken, CFN and CFN Representatives cannot be held responsible and are excluded for 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).

  • Statutory Guarantees Relating to the Supply of Services

CFN Goods and Services are:

  1. Provided with due care and skill
  2. Fit for any purpose you have told us you are using the Goods and Services for or for a result which you have told us you wish to achieve
  3. Supplied within a reasonable time.

However, under certain legislative provisions, CFN may ask you to agree that these conditions do not apply to you. If you sign the Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the Goods and Services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence.

  • Release and Indemnity

To the extent permitted by law, I release and indemnify, and will keep indemnified, CFN and all of its Representatives in relation to all claims which I now, or at any time in the future may have against CFN, arising from or related in any way to the supply and my participation in CFN Goods and Services. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

  • Privacy

CFN is committed to protecting your privacy and any personal information we collect. This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. CFN committed to safeguarding personal privacy. Unless given consent to do otherwise, CFN will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information means the following but is not exhaustive in its definition:

a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well-being.

Collection of personal information

CFN will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

CFN collects personal information primarily to enable us to provide members with our services. CFN may also use the information for marketing to you or for any other purpose permitted under law.

Collection of Sensitive Information

Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of CFN, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

Using and Disclosing your Personal Information

Personal Information will be used for the following primary purpose:

  1. To fulfil obligations under a CFN’s member’s membership and/or any other contract between him/her and CFN;
  2. To render Goods and Services under a CFN’s member’s Membership;
  3. To provide information about products, services, courses, fitness sessions, seminars and/or special offers to CFN members;
  4. To obtain opinions or comments about products and/or services from CFN members;
  5. To record statistical data for marketing analysis from CFN members.

CFN may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

Storage and security of personal and/or sensitive information

CFN takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored electronically and in locked areas if in hardcopy format: CFN permits authorised CFN Representatives to access your information and information will only be disclosed to third parties where they have the appropriate authority.

I understand that the information I have provided is necessary for my participation in any CFN Goods and Services. I acknowledge and agree that the information will only be used by CFN to facilitate the conduct of CFN Goods and Services.  As part of my enrolment with CFN, I acknowledge that I may receive information from time to time about the Goods and Services. If I do not wish to receive such information from CFN, I will notify CFN in writing.

  • Photographs and Right to Use

Photographs or film may be taken and used by CFN for promotional purposes via social media and/or other mediums, without payment or compensation to me. Such photos are and will remain the property of CFN. By signing this Agreement, I allow CFN to use images of members including myself in promotional and other business- related material.

  • Assignment

CFN may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with CFN without prior written consent of CFN. This consent may not be unreasonably refused.

  • Jurisdiction

This agreement is subject to Australian law and is governed by the laws of Western Australia

  • Severability

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

  • Amendments

CFN reserves the right to solely change and/or amend these terms and conditions. This Agreement cannot be amended by me. If I do amend it my application will be null and void and cannot be accepted by CFN.

  • Information Provided is True and Correct

I have provided the information required overleaf and signed the form. I warrant that all information provided is true and correct.

  • Declaration

I have read, understood, acknowledge and agree to the above declaration including the Participation Policy, Exclusion of Liability, Release and Indemnity. I further agree that I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. I also certify and warrant that I am 18 years of age or older and mentally competent to enter this Agreement.

Electronic signature required using mouse in signature block of Wod Together.

 

Signature: ___________________________________________

Name: ______________________________________________

Date: _______________________________________________

Consent

Where the applicant is under 18 years of age this Agreement must be signed by the applicant’s parent or legal guardian.

I, _________________________________, am the parent or guardian of

__________________________________ [Applicant].

I expressly agree to be responsible for the applicant’s behaviour and confirm that I have read, understood, acknowledge and agree to the above declaration including the Participation Policy, Exclusion of Liability, Release and Indemnity. I further agree that I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. I also certify and warrant that I am 18 years of age or older and mentally competent to enter this Agreement.

Parent/Guardian must provide electronic signature required using mouse in signature block of Wod Together.

GET IN TOUCH

2/178 Landbeach Blvd, Butler, WA

0406 021 483

info@crossfitnorsemen.com.au

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