T&C

TERMS & CONDITIONS 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 Capax CrossFit. 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, programs, products, courses, fitness sessions, seminars and competitions supplied by Capax CrossFit. In so enrolling and in consideration of any fee (if applicable) for entry to any services.
I acknowledge, warrant and agree that:

 

Interpretation

  1. Agreement means this document, the attached Enrolment Form as well as any schedule and/or annexure to this document.
  2. Capax CrossFit Representative means any of Capax CrossFit’s directors, officers, contractors, subcontractors, servants, agents, employees or other representatives.
  3. I means the Capax CrossFit member that has signed this Agreement.
  4. Capax CrossFit 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 Capax CrossFit Goods and Services are subject to change. Full payment of fees is required in advance for all Capax CrossFit Goods and Services and is the mechanism for securing my place in Capax CrossFit Goods and Services.
  2. A minimum of 26 week membership is required. The member's’ credit card or bank account will be debited each week or fortnight.
  3. Members may hold their membership, with prior written notice to Capax CrossFit no later than 7 days prior to the first day of the hold period. Hold period must be a minimum of 7 calendar day. Billing will automatically resume upon the end of hold period. Your contract & billing date will be extended by the amount of days the hold has been placed for.
  4. A Late Payment/Declined Credit Card Fee of $15 will be charged on any overdue payments.
  5. Once I have completed my contract time, I will remain on my current membership rate. Should I wish to amend or cancel my membership, I will notify a Capax CrossFit by completing this form https://www.capaxcrossfit.com/membership-cancellation . A minimum of 28 days’ notice is required for cancellation of membership.

Refund & Cancellation Policy

  1. There are no refunds for membership fees. I can choose to cancel my membership prior to completion of my contract with Capax CrossFit by paying the full outstanding amount left on my membership. This may be waived at the sole discretion of Capax CrossFit Directors.
  2. Members may cancel their memberships by completing this form https://www.capaxcrossfit.com/membership-cancellation
  3. Capax CrossFit reserves the right to cancel or postpone Capax CrossFit Goods and Services, up to 24 hours prior to the commencement of said Capax CrossFit Goods and Services. If Capax CrossFit Goods and Services, are cancelled by Capax CrossFit, I will be offered the choice of a refund or credit.

Participation Policy

  1. Refusal of entry or continuation to Capax CrossFit Goods and Services if Capax CrossFit’s Representatives (at their sole discretion) have deemed me not to be medically or physically fit to participate. However, Capax CrossFit 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 Capax CrossFit Goods and Services, if Capax CrossFit’s Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
  3. Capax CrossFit may set operational rules for the effective running of Capax CrossFit Goods and Services. Current key operational rules include (but not limited to):
  • Class capacity – at present, classes are capped at 16 members unless Capax CrossFit representatives deem it safe to exceed this number.
  • Class check in – at present, members need to check in via Zen Planner to classes prior to attending. Upon arrival in class, members need to sign in. Capax CrossFit has the right to refuse entry to a class if you have not checked in online prior to arrival.
  • Apparel – members are not allowed to wear open toed shoes and/or sandals for any Capax CrossFit services. Please be respectful and wear appropriate clothing when training. No short and/or revealing apparel, low cut and revealing singlets. Shirts must be worn at all times.

Warning

  1. Participation in exercise can be inherently dangerous. I understand that Capax CrossFit Goods and Services, will involve gymnastics, weightlifting, 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 Capax CrossFit 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 in the Medical History questionnaire. I am not and will not be a danger to others or myself. I will immediately notify Capax CrossFit in writing of any change to my fitness, health and ability to participate. Unless I notify Capax CrossFit, I understand and accept that Capax CrossFit will continue to rely upon this declaration as evidence of my fitness and ability to participate.

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

Exclusion of Liability
To the extent permitted by law and while all reasonable care is taken, Capax CrossFit and Capax CrossFit 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
Under the Competition and Consumer Act 2010 (Cth), we guarantee that our Goods and Services are:
Provided with due care and skill
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
Supplied within a reasonable time.
However, under certain legislative provisions, Capax CrossFit 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. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
Release and Indemnity
To the extent permitted by law, I release and indemnify, and will keep indemnified, Capax CrossFit and all of its Representatives in relation to all claims which I now, or at any time in the future may have against Capax CrossFit, arising from or related in any way to the supply and my participation in Capax CrossFit Goods and Services.
 
Privacy
Capax CrossFit is committed to protecting your privacy and any personal information we collect. Capax CrossFit complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. Capax CrossFit committed to safeguarding personal privacy. Unless given consent to do otherwise, Capax CrossFit 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
Capax CrossFit 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.
Capax CrossFit collects personal information primarily to enable us to provide members with our services. Capax CrossFit may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
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 Capax CrossFit, 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:
To fulfil obligations under a Capax CrossFit’s member’s membership agreement and/or any other contract between him/her and Capax CrossFit;
To render Goods and Services under a Capax CrossFit’s member’s Membership Agreement;
To provide information about products, services, courses, fitness sessions, seminars, competitions and/or special offers to Capax CrossFit members;
To obtain opinions or comments about products and/or services from Capax CrossFit members;
To record statistical data for marketing analysis from Capax CrossFit members.
Capax CrossFit 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
Capax CrossFit 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: Capax CrossFit permits authorised Capax CrossFit 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 Capax CrossFit Goods and Services. I acknowledge and agree that the information will only be used by Capax CrossFit to facilitate the conduct of Capax CrossFit Goods and Services. As part of my enrolment with Capax CrossFit, 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 Capax CrossFit, I will notify Capax CrossFit in writing.
Photographs and Right to Use
Photographs or film may be taken and used by Capax CrossFit 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 Capax CrossFit. By signing this Agreement, I allow Capax CrossFit to use my image in promotional and other business- related material.
 
Assignment
Capax CrossFit may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with Capax CrossFit without prior written consent of Capax CrossFit. This consent may not be unreasonably refused.
 
Jurisdiction
This agreement is subject to Australian law and is governed by the laws of New South Wales
 
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
This Agreement cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Capax CrossFit.
 
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.
Signature: _____________________________
Name: _____________________________
Date: _____________________________
 
Consent
Where the applicant is under 18 years of age this Agreement must also 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.
Signature: _____________________________
Name: _____________________________
Date: _____________________________