Terms and conditions
At CBX CrossFit, we’re dedicated to constant development of not only ourselves but each and every life of our members.
We’ve included information to explain these changes in more detail.
- Release of Liability
1.1. Client’s acknowledgement and assumption of risk and full release from liability of CBX CrossFit: client acknowledges that the training programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by CBX CrossFit.
1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities.
1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
1.4. Members agrees to assume all risk and responsibility arising from participation in the physical activities. Members affirms that they are in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.
1.5. Members acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of the client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in CBX CrossFit’s physical activities.
1.6. Members affirm that he or she is capable of participating in the physical activities and agrees to assume all risk and responsibility for exceeding his or her physical limits.
1.7. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases CBX CrossFit (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CBX CrossFit activities, including, but not limited to the personal training / nutritional programs and physical activities.
1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym.
1.9. Appropriate clothing must be worn at all times. Access to the gym and booking classes must be carried out using your personal login to our online scheduling software.
1.10. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.
- Gym membership agreement services
2.1. The service being requested is for coaching designed to progress you toward elite fitness.
2.2. The agreement is for coaching services over a specific period of time during which the member is eligible to partake in any and all activities in accordance with their membership package.
2.3. This is not an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
- Client’s right to cancel
3.1. The client may not terminate or cancel the agreement except as follows:
3.1.1. If by reason of death or disability, client is unable to receive all CBX CrossFit services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and
- Client’s right to hold
4.1. The client may, for periods of 30 or 60 days, “put on hold” the agreement. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions:
4.1.1. client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.
- Client’s default
5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CBX CrossFit shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.
5.2. If CBX CrossFit delays or refrains from exercising any rights under this agreement, CBX CrossFit does not waive, nor will CBX CrossFit lose those rights. If CBX CrossFit accepts late or partial payments from the buyer, CBX CrossFit does not waive the right to receive full and timely payments and other charges due under this agreement.
Successors and assigns:
5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
- Legal fees
7.1. In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
- Membership fees
8.1. Membership fees shall be fixed by CBX CrossFit and may be altered at any time. Members will be notified (by notices posted on centre notice boards/Facebook group or in writing) of any changes in the fees prior to the date of the alteration.
8.2. On payment of membership fees, a member is entitled to use the gym facilities with frequency of use relating to the membership type.
8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable depending on the agreed upon membership payment option
8.4. All membership applications must be on forms prescribed by the centre and applicants may be subject to an interview at the discretion of the centre.
8.5. The centre reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.
8.6. Membership fees are payable according to the membership type selected.
8.7. Monthly standing orders and auto debits are a full binding contract between CBX CrossFit and the member and will automatically continue until CBX CrossFit is notified otherwise.
8.8. Proof of partners/family residing at the same address is required at time of registration or renewal. Partner is defined as people cohabiting together as partners in life, or a parent and offspring (over 16 years of age) living at the same address.
- Use of the Facilities
9.1. A member is entitled to use the gym facilities providing always that the gym may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of the centre or CBX CrossFit
10.1. Please note that CBX CrossFit has been designated a non-smoking environment. The whole site is a no smoking site.
- Social Activities
11.1. The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.
- Fire Emergency plan
12.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit.
12.2. Members are requested not to fight the fire but leave the premises and call the fire brigade.
- Medical Emergency plan
13.1. In the event of a medical emergency the first aider on duty will assess the medical needs and provide treatment and call for help.
13.2. Members with relevant training are encouraged to help and call for the ambulance service.
- Lost property
14.1. All lost property found on the premises should be handed into reception. Items will be stored for one month and then donated to local charities.
15.1. CBX CrossFit liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of the gym, its staff or agents. Without exception the gym will not accept liability for money, valuables or other personal property of members.
15.2. CBX CrossFit reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored in lockers provided by the gym of its agents are stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.
15.3. CBX CrossFit cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from the negligence of the centre, its staff or agents.
15.4. Any member who suffers an accident on the gym premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
15.5. Neither CBX CrossFit, its health & fitness specialist instructors or other employees, servants or agents (including every independent contractor from time to time employed by CBX CrossFit) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.
- Termination of Membership
16.1. If you are on a month to month contract, you may give us written notice of your wish to cancel at any time. Cancellation of membership requires 30 days notice. If a direct debit is due to fall during this 30 day period. The direct debit will be deducted in its entirety, as outlined in your membership agreement.
16.2. CBX CrossFit is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
16.3. CBX CrossFit reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the gym, cause nuisance or annoyance to the other gym members or guests; and for any breach of the gym rules or misuse of gym facilities, or for any other reason which the gym may deem appropriate.
17.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the manager may give to ensure the smooth operation of the gym, the facilities and the convenience of members.
17.2. No credit shall be granted by the gym to any member. Any and all costs incurred by the members during their visit to the gym must be paid prior to leaving the gym.
17.3. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the manager whose decision shall be final.
17.4. CBX CrossFit reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on the gym notice boards/Facebook group. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
- Data Protection Act
18.1. CBX CrossFit abides by the principles of the Data Protection outlined by the Australian Government and will keep the information provided by you on computer for the purpose of administering the membership. In addition CBX CrossFit will use the records to notify you of leisure activities organised by CBX CrossFit. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.
- Governing Law and Jurisdiction of the Courts
19.1. This agreement shall be governed by and construed with Australian Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Australian Courts.
Terms and Conditions of Sale
20.1. We may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order. The price of your order will be validated by us as part of our acceptance of your order. We try to ensure prices displayed on our website are correct at all times. However, should a pricing error arise we will inform you of the correct price before we take payment and you may choose to either proceed with or cancel the order.
20.2. The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately. We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.
21.1. Payment is taken when the order is placed. Please note that orders must be paid for in full before they are dispatched. Credit / debit card orders can only be delivered to the card holders address.
Website Legal Notice
Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.
- Conditions of website Use
22.1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
22.2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
22.3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
22.4. We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.
22.5. In relation to a dispute arising out of this Web site you the user and we, CBX CrossFit agree to submit exclusively to the jurisdiction of the courts of Australia
22.6. The entire contents of these web pages remain our property and are copyright with all rights reserved.
23.1. You agree and give permission to feature in any promotional videography/photography that may be on any social networking platform including but not limited to Instagram, facebook, youtube, snapchat, website, unless CBX CrossFit is told otherwise.
- Collection of Information
24.1. We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
- Cookie/Tracking Technology
25.1. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
26.Distribution of Information
26.1. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Thank you for choosing CBX CrossFit.