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By browsing this website: http://www.elleform.com.au (Website) or using any of the services provided on the Website by Elle Form ABN 66 808 911 476 (we, us or our) including but not limited to any online training programs, eBooks or nutrition guides (Services), you the customer (Customer or you), will have entered into an agreement to receive Services from us, based on these Terms and Conditions and you unconditionally and irrevocably agree to be bound by these Terms and Conditions:

1. Disclaimer

a) The Website and Services made available through the Website offer health, fitness and nutritional information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website. You should always consult your doctor before beginning any nutrition plan or fitness program.

b) Nothing contained in the Website or Services made available through the Website is intended to be, and must not be taken to be, the practice of medical or counselling care.

c) There may be risks associated with participating in activities mentioned on the Website or in the Services for people in poor health or with pre-existing physical or mental health conditions. You participate in these activities at your own risk and of your own free will an accord. In doing so, you knowingly and voluntarily assume all risks associated with the activities and you acknowledge that we are not liable for any injuries or health problems you may receive as a result of using the Website or any Services.

d) Any reliance or use of any information provided by or contained in the Website or Services made available through the Website is solely at your own risk.

2. Acceptable use of Website

a) You must use this Website and the Services solely as permitted by these Terms and Conditions must not use this Website in any way that causes, or may cause, damage to the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b) You may only download any content provided as part of the Services for your own personal use, which will be limited to use by the one specified individual.

c) The Customer agrees that it will not interfere with any other party’s use and enjoyment of the Website, or damage the operation of the Website or our systems or those of other persons who use the Website (or the Services), whether by way of a virus, corrupted file, any other software or program, or otherwise.

3. Accident Waiver and Release of Liability

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH ELLE FORM, both in location & when completing programs at home, including by way of example and not limitation, any risk that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I CERTIFY THAT I AM PHYSICALLY FIT, COMPLY WITH PUBLIC HEALTH ORDER REQUIREMENTS AND ENTER ELLEFORM LOCATIONS, OR COMPLETE ELLE FORM PROGRAMS AT HOME, AT MY OWN RISK. YOU ACKNOWLEDGE THAT YOU WILL ABIDE BY ANY FURTHER RULES OR REGULATIONS AS DIRECTED BY THE RELEVANT GOVERNMENT AUTHORITIES AND ELLE FORM TO ENSURE THE SAFETY OF THE STAFF MEMBERS AND GYM USERS. WHILE WE AIM TO MINIMISE RISKS ASSOCIATED WITH COVID-19 AT ONE ON ONE SESSIONS, ACCESS TO PREMESIS WHERE ELLE FORM IS LOCATED IS ENTIRELY AT YOUR OWN RISK AND ELLE FORM DOES NOT AND CANNOT GUARANTEE THAT ELLE FORM LOCATIONS WILL BE (OR WILL REMAIN) FREE FROM COVID-19.

I also grant Elle Form permission to use my likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I understand that the training or programs purchased involve weightlifting, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to, and it is my right to refuse such participance at any time during training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my Elle Form. I give Elle Form and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill at one on one sessions with the understanding I am responsible for any expenses incurred.

I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Elle Form, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by Elle Form both in location & when completing programs at home, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, personal injury to, any third party, resulting from my participation in any program, activity or service provided by Releasees.

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. If I am signing on behalf of a minor child, I also give full permission for any person connected with Elle Form 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.

4. Pricing

Any prices displayed on the Website for the Services are:

a) in Australian dollars unless otherwise specified;

b) subject to change without notice; and

c) exclusive of any additional duties and taxes that your Country or State may impose on an order for Services (which you agree to pay).

5. Payment

Customers must pay us for any Services purchased by credit card at the time the Services are ordered. Payment will be deemed to be acceptance of an order and these Terms and Conditions. We do not accept EFTPOS, cash, cheque or any other form of payment. Within a reasonable time of receipt of payment, we will issue the Customer with a receipt and if requested, a tax invoice.

6. Intellectual Property Rights

Intellectual Property Rights” means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

a) patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;

b) any application or right to apply for registration of any of these rights;

c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and

d) all renewals, divisions and extensions of these rights.

The Customer acknowledges our title to and interest in any Intellectual Property Rights comprised in this Website together with any programs, books, guides, reports, recordings and documents created howsoever and wheresoever and provided to the Customer in connection with the Services. The Customer is expressly prohibited from reproducing, adapting, modifying or distributing any programs, books, guides, reports, recordings and documents provided to the Customer in connection with the Services and nothing in this agreement is to be construed as a licence to the Customer of the Intellectual Property Rights (except as necessary for personal use of the Services by the Customer).

7. Other Websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We does not monitor the content of any other website and is not liable or responsible in relation to any content on them.

8. Privacy Policy

The terms and conditions of our Privacy Policy (accessible at: http://www.elleform.com.au) are incorporated into this agreement and will apply to any Services provided by us.

9. Data Security

We shall use our reasonable endeavors to prevent any unauthorised entry into the Website. However, we will not be liable for any damage or loss whatsoever (whether direct, indirect or otherwise) if any third party gains unauthorised access.

10. Limit on liability

To the extent permitted by law, we will not be liable to you (whether under the law of contract, tort or otherwise) for any damages (including any direct and indirect, special or consequential losses) arising from the contents of or use of this Website or the use of the Services provided by us. In the event of a claim, any contribution by you or others to actual or assessed loss will be accounted for in determining our liability and you agree that our maximum liability will be the price of the Services paid by the Customer.

To extent permitted by law, our liability for a breach of a non-excludable guarantee contained in the Australian Consumer Law is limited, at our option, to:

a) the supplying of the Services again; or

b) the payment of the cost of having the services supplied again.

11. Indemnity

You agree to be responsible and indemnify us and our employees against any and all loss and expense, including legal fees on a full indemnity basis, arising from:

a) your use of the Website or the Services;

b) any breach by you of these Terms and Conditions; or

c) any liability to third parties arising from our engagement.

12. No representations

You acknowledge we have made no representations, guarantees or warranties of any kind, express or implied, as to the outcome of any advice or claims made or provided as part of the Services. We makes no representations, guarantees or warranties of any kind in relation to this Website or the information and materials provided on this Website except as required at law.

13.Continuing terms

These Terms and Conditions shall apply to any subsequent engagement of us after the engagement to which these terms are attached, unless replaced by other terms. The terms may be updated at any time without notice to the Customer and the Customer’s continued use of the Website (or any Services) will be taken as acceptance of any change to the terms.

14. Entire Agreement

a) This agreement contains the entire understanding between the parties concerning the subject matter of this agreement and supersede, terminate and replace all prior agreements and communications between the parties concerning that subject matter.

b) All terms, warranties and conditions implied or imposed by law are excluded from this agreement, except any term, warranty or condition the exclusion of which would:

i. contravene the law which implied or imposed it; or

ii. cause this clause to be void.

15. Disputes

If any dispute, controversy or claim arises between you and us in connection with or relating to this agreement, either party may deliver to the other party a written notice setting out the nature of the dispute and the relief that the party seeks. Both parties must use its reasonable endeavors and act in good faith to resolve the dispute by discussion and negotiation during the period of 20 business days after delivery of the dispute notice. If the parties are unsuccessful in negotiating the dispute, a party may commence judicial proceedings and the parties agree that the courts of the State of Queensland shall have exclusive jurisdiction in relation to any such dispute.