Terms & Conditions of Participation

Written on 29/03/2020
Caitlin Henry


These are the terms & conditions of FreshTracks Pty Ltd trading as Group Exercise Therapy (ACN 638612076) hereafter referred to as GET.   Please read the terms & conditions carefully.

1. Eligibility

To book and participate in a GET session you must be at least 18 years of age. 

2. Health & Fitness

(a) You must complete the GET Health & Physical Activity Readiness Questionnaire ("the Health PAR-Q") prior to booking and participating in your initial GET session.  (A GET session means all live and pre-recorded sessions provided to you by GET) Complete Health PAR-Q now.

(b) You undertake to provide GET with true and complete information.

(c) If you answer YES to any of the questions in the Health PAR-Q, GET reserves the right to refuse your registration in any GET sessions without the written consent of your doctor, medical practitioner or therapist.

(d) In the event of any change to your health or condition that would affect your ability to engage in physical activity, or affect any answer provided in the Health PAR-Q, you undertake to inform GET prior to the commencement of a session.

(e) In the event of an emergency or should the need otherwise arise, you give GET permission to contact your nominated emergency contact, medical practitioner or therapist.

3. Safety

(a) You agree that, when present or participating in a GET session, you will be careful both for yourself and others and you will comply with the safety notices and instructions of GET trainers and facilitators at all times.  

(b) If exercising in a public space you agree to observe all local rules, road rules and local laws.  

(c) If at any time during a live class a GET trainer or facilitator considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session. GET, at it's discretion may also refuse your participation in future GET sessions.

(d) You agree to ensure you have made safe your surrounding environment prior to participating in a GET session, including but not limited to, removing any obstructions within a 2.5 metre square area, removing any slippery rugs or surface coverings aside from appropriate exercise mats and if inside, ensuring adequate air ventilation.

(e) You agree to immediately provide GET with any new information about your physical & medical condition that relates to your participation in a GET session prior to participating in a GET session.

4. Acknowledgement & Acceptance of Risk

(a) You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and that you voluntarily undertake to participate in a GET session at your own risk.

(b) You represent and warrant that you have disclosed to GET all known information about your physical & medical condition and history that relates to your participation in a GET session.

(c) You acknowledge that participation in a GET session may involve exercise or activity that should not be undertaken if you suffer from any medical condition or have a pre-existing injury and you agree that if you are in doubt as to your fitness to carry out physical activity, you will first obtain medical advice or clearance from your doctor, medical practitioner or therapist. 

(d) You acknowledge and accept that your participation in a GET session will not be visually or audibly supervised by the GET trainer and you are therefore solely responsible for taking care of your own form & technique when performing physical activities.

(e) You acknowledge and accept that if you injure yourself during a GET session, you will not be visually or audibly monitored and are solely responsible for ceasing all activity and seeking medical assistance & advice.

(f) You acknowledge that you are responsible for adequately undertaking warm-up and cool down stretches before and after a GET session.

5. Liability

General

(a) To the extent permitted by law, GET excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms and Conditions.

Limitation of Liability

(a) If GET fails to provide the services in accordance with these Terms, GET will, at its discretion, re-supply the services or pay the cost of re-supplying the services.

Exclusion of Liability

To the extent permitted by law, GET excludes its liabilty for any loss (direct or indirect) of any person arising from or in connection with these Terms or participation in a GET session, including, without limitation, any loss (direct or indirect) arising from or in connection with:

  • any injury or illness you suffer as a result of any ongoing medical condition or a poor standard of health or fitness;
  • any medical condition, injury or illness which you sustain during or after any session run by GET; 
  • any damage to or loss of your personal property during any session run by GET;

6. Indemnity

Except to the extent of GET's or a GET employee's negligent acts or omissions, you agree to indemnify and hold harmless GET and all its employees from all loss (direct and indirect) for which GET or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these Terms or participation in a GET session.

7. Changes to these Terms & Conditions

GET reserves the right to change these Terms & Conditions without notice.  Once you have successfully registered as a participant by accepting the Terms and Conditions, the responsibility is upon all particants to maintain an awareness of the current Terms and Conditions of GET.  To enable this, the Terms and Conditions will constantly be available in the "Info & Advice" section of this app.


8. Agreement

By downloading and using the contents of this App you accept and agree to these terms and conditions. If you have any questions regarding their content, then please seek independent advice or alternatively you can call GET on 0400 121 068.