BE YOU BE FREE TERMS AND CONDITIONS

Welcome to www.beyoubefree.com.au – our Website.

If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions, which together with our Privacy Policy, governs our relationship with you in relation to your use of the services promoted on this Website.

We, at Be You Be Free Ltd ACN 616648367, may amend these terms and conditions from time to time, without notice. 

You must be over 18 years of age to use this Website and are responsible for completing all registration information. 

Group Sessions

1. The days, times, pricing and locations for the Group Sessions are published on our website and our facebook page.  These details can change with short notice, so you should check the details of the class shortly prior to the commencement of any class.

Risk and your health

2. It is crucial that all participants of Be You Be Free’s classes follow the safety instructions of the Be You Be Free trainer.

2.1         You are advised that classes may include use of of medicine balls, kettlebells, hula hoops, battle ropes, stability balls, dumbbells, ball games, resistance bands, agility ladder and partner work,

all of which are Dangerous Recreational Activities with Inherent Risks and Obvious Risks as defined by the Civil Liability Act.2002 (WA).  You participate in these activities at your own risk.

3. All participants must fill in a wellbeing questionnaire and/ or a pre training questionnaire before participating in Be You Be Free’s services.

4. We recommend that you talk to your doctor before starting a new fitness program.  

5. We reserve the right to ask for a letter from your doctor confirming you are safe and well to commence an exercise programme.

Cancellation of classes

6. Classes may be cancelled or relocated due to severe weather.  Cancellations are at the discretion of the Be You Be Free trainer and may include, but not limited to, hail & lightning.

7. If a class is cancelled, all participants booked in will be informed via a text message sent to the phone number we have on record as early as possible and a post will be put on Facebook.

8. Cancelled classes may be rescheduled and participants will have the option of attending the rescheduled class free of charge.

9. If you cancel a class or session less than 24 hours before the scheduled start time of the class or session then you forfeit the cost of such class or session.

Payment

10. Payment for all services are required up front using our online booking system.

11. Payment plans are available by contacting shreen@beyoubefree.com.au

Disclaimer

12. This Website does not provide medical advice, nor are Be You Be Free’s services intended to diagnose, treat, cure or prevent any disease.

13. The information on this Website is intended to be for educational and information purposes only and is not a substitute for professional medical advice. 

14. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.  Your success depends on many factors, including your background, dedication, participation, desire, and motivation. 

15. This disclaimer does not purport to exclude any warranties implied by law.

16. You acknowledge that Be You Be Free is not responsible for decisions that you may make following on from any coaching or other services that you receive.  Be You Be Free provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the resulting consequences, is your sole responsibility.

Liability

17. Without limitation to the above and any other terms which are implied into this Agreement; or by statute in relation to the supply of services which cannot be excluded or limited, we will use all reasonable endeavours to ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly obtained as is reasonable to expect in the circumstances and will correspond in the nature and quality with the services demonstrated to you.To the extent permitted by law, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

Intellectual Property

18. The material on this Website, as well as the material published on Be You Be Free’s Facebook page is protected by copyright under the laws of Australia and may not be used without written permission by Be You Be Free.

19. No trade mark (whether registered or not) that is displayed on this Website may be used in any way without the prior written consent of Be You Be Free or of the relevant trade mark owner.

20. Any reproduction of the material published on this Website is prohibited other than in accordance with these Terms and Conditions.

General

21. Always treat with respect other Be You Be Free participants and trainers.  Please take part in Be You Be Free classes in a way that doesn’t disturb, detract or impair anyone’s experience.

22. Be You Be Free may occasionally take videos, photographs/ images of the sessions, including participants. We’ll try our best to get your consent beforehand but this may not always be possible. We reserve the right to use these photographs/images for commercial purposes without payment to you.  These images may be used in our marketing including but not limited to our facebook page and advertisements, printed flyers, and our website.

23. The laws of the state of New South Wales govern this agreement.

24. Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.

25. The failure of Be You Be Free to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

26. All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to Be You Be Free.

28. These Terms and Conditions were last updated in January 2020