Terms & conditions
Terms & Conditions for 2019-20 HBF Fitness Program Participants
- In these Terms and Conditions, “You” means the person named in the online booking system for any of the sessions available for 2019-20 HBF Fitness Program (Session) as a participant. Where You are under 18 years of age, where relevant, You also refers to the parent or guardian who clicked the “I have read, understand and agree to the HBF Fitness Terms & Conditions for Participants on behalf of my child” button.
- By clicking the “I have read, understand and agree to the HBF Fitness Terms & Conditions for Participants” button, You warrant and represent to the organisers that:
- You satisfied the eligibility to participate requirements provided in paragraph 3; and
- You have read and understood these Terms and Conditions.
- Eligibility to participate:
- If You are under 18 years of age on the date of the Session, a parent or guardian must accept the Terms and Conditions on behalf of the minor participant by clicking the “I have read, understand and agree to the HBF Fitness Terms & Conditions for Participants on behalf of my child” button. Where the button is not clicked, You warrant that You are 18 years of age or older on the day of your Session.
- You accept the entry fee for a Session is non-refundable and not transferable.
- To the extent permitted by law, You release any person, entity or body directly or indirectly associated with a Session (the Indemnified Persons) from all or any claims, demands, proceedings, action, suit, damage, penalty, cost or expense however arising including but not limited to negligence (Claims) that You have or may have had but for this release arising out of or connected with your participation in the Session, and You indemnify the Indemnified Persons and will keep the Indemnified Persons indemnified in respect of any Claims by any person including another participant in a Session arising out of or connected with your participation in any Session. This release and indemnity continues indefinitely and binds each of your heirs, successors, executors, administrators, personal representatives and assigns.
- You are participating in a Session at your own risk and:
- You acknowledge that participating in a Session may involve a real risk of physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or death from various causes including but not limited to overexertion, heart attack, dehydration, or accidents; and
- You are responsible for ensuring that You are adequately and appropriately prepared both physically and mentally to compete your Session. If You have any health issues or doubts prior to the Session, You should immediately seek appropriate medical advice.
- You are required to declare Your medical history during registration and advise the organisers of your Session Trainers of any medical conditions that may impact your ability to exercise prior to participation in the Session.
- You consent to receiving any medical treatment that the organisers or their authorised representatives consider appropriate during or after any Session.
- You are responsible for any travel and medical insurance and for payment and/or reimbursement of medical or surgical expenses incurred by You as a result of your participation in a Session.
- You acknowledge that You have sole responsibility for your personal possessions and athletic equipment prior to, during and after a Session.
- You acknowledge the Session may be modified where the organisers consider that such changes must be made.
- You acknowledge that HBF reserves the right to impose a limit on the maximum number of participants for any Session. Registrations will be rejected after the closing date or earlier should the limit be reached before that date.
- You give permission, for no fee or remuneration, for the use of your name, statements, voice or picture in any form of media in any context relating to your involvement in the program during or after any Session.
- If you apply to participate in a Session, You will be permitted to participate in the Session on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the trainers conducting the Session or their representatives.
- You certify that You are 18 years or older or that You are the parent/legal guardian of the participant:
- Who is 15 years or older and You agree to these Terms and Conditions on behalf of the participant; or
- Who is 14 years or younger (child) and You agree to these Terms and Conditions on behalf of the Child in Your own right and You further:
- Agree that the Child cannot participate in the Session unless You participate in the same training session in the same venue;
- Understand that while the Session Trainers will provide activities, tips and recommendations relating to those activities, it is Your responsibility to assess the Child’s individual requirements and abilities and act accordingly;
- Acknowledge that if the Child demonstrates behaviour that endangers the Child or other participants, You will be notified and the Child may be requested to leave the Session; and
- Warrant that the Child has not at any time suffered from blackouts, seizures, convulsions, fainting, dizzy spells or any other medical condition and is not present receiving treatment for any illness, disorder or injury which would render it unsafe for the Child to participate in the Session.
- You accept that HBF reserves the right to alter these Terms and Conditions at any time up to and including the date of your Session. Variations will be posted on the organisers website and You accept it is your responsibility to check for any updates.
- You accept that the organiser reserves the right to cancel or vary any Session and refuse a participant’s attendance at and/or participation in the Event for any reason.
- To the maximum extent permitted by law, unless expressly provided in these Terms and Conditions, all implied terms, conditions, warranties and any other additional obligations are excluded from these Terms and Conditions. If any legislation implies into these Terms and Conditions any term, condition, warranty or additional obligation that cannot be lawfully excluded, then that term, condition, warranty or additional obligation will be included in these Terms and Conditions only to the extent required by the relevant legislation, but each party’s liability in respect of any breach of that term, condition, warranty or additional obligation will be limited to the maximum extent (if any) permitted by that legislation.
- These Terms and Conditions are governed by the laws of Western Australia.
- If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms and Conditions.
- The organiser of the Sessions is HBF Health Limited ABN 11 126 884 786 (HBF). Trainers arranged by Conan Fitness (ABN 73 619 404 296) (Conan Fitness) conduct each Session.
HBF and Conan Fitness respect and value the privacy of all information collected about Session participants.
All information collected about You is for the administration and conduct of the program of Session. The information collected will be securely stored on the HBF database and may be disclosed to our market researchers and to medical staff in the event of a need to deliver medical services.
On occasion, HBF may also use your information for the purposes of conducting market research activities relevant to HBF’s business and for future promotions to You of the Event and HBF sponsored or owned physical activity initiatives. Personal information may also be used for the purposes of entering You into competitions relating to the Sessions. Information collected will be securely stored on the HBF database and will be disclosed to Conan Fitness (for the purpose of organising and conducting the Sessions) and medical staff (for the purpose of delivering medical services).
You consent to your personal information being collected either directly by HBF or Conan Fitness (the Event Trainers) and provided to HBF.
You further consent to receiving information from HBF about the Sessions and for the purposes of conducting market research activities relevant to HBF’s business, promotions to keep You informed of HBF’s other health, wellbeing, fitness initiatives and future promotions to You of the Event and HBF sponsored or owned physical activity. If you do not wish to be contacted for these purposes, please call a HBF Member Service Advisor on 133 423 or email us at firstname.lastname@example.org, or You may use the unsubscribe functions in any emails or SMS/MMS messages that may be sent to You.
HBF sometimes uses service providers who either host or store personal information overseas. This means HBF may transfer personal information about You between countries to those service providers. In the event HBF discloses your personal information outside Australia, we will comply with the requirements of the Privacy Act 1988 (Cth) that relate to transborder data flows.
If You do not wish to provide personal information, which is required, you may not be able to be properly registered for the Event or contacted in case of changes to the Event.
The personal information collected in connection with the Event and this statement is separate from, and without prejudice to, any other personal information concerning you collected and held by HBF. You have a right to access your personal information that is held by HBF.