F45 WEBSITE TERMS AND CONDITIONS OF USE AND DISCLOSURES
F45 Training Pty Ltd (ACN 162 731 900) is the owner and operator this website. By doing any of the following acts you agree to be bound by these terms and conditions:
- expressly accepting these terms and conditions at any time, for example by clicking “I Accept” or “Proceed” or any clearly indicated activation phrase on your computer or other device;
- downloading any of our digital applications (App) or any upgrade to an App offered from time to time; or
- using the website.
These terms and conditions govern the use of all aspects of this website and all Apps so it is important that you read these terms and conditions carefully.
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to F45 Training Pty Ltd (ACN 162 731 900) and its affiliates.
Variation of terms and conditions
We may amend, modify or otherwise update these terms at any time and we must use our reasonable efforts to notify you of those changes. We may give such notice by posting updated terms on the website and using our reasonable efforts to draw them to your attention. Your continued use of the website and/or any App constitutes an agreement by you that you accept these terms and any subsequent modification of these terms.
Your rights under law
Your use of the website and the Apps will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated. Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
- We are not responsible for the content or privacy practices associated with linked websites.
- Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we explicitly specify otherwise.
Information and feature available on the website
- All tools, features and information provided by us are provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website.
- The website does not purport to provide you with financial product or investment advice of any kind. The information available on the website does not take account of your particular financial or insurance requirements or circumstances. We recommend that you seek independent advice prior to acting on any information available via the website.
- Subject to clauses 6.2 and 7, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner.
- You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
- We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
- Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
- If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
- 10.3. You must seek permission to use third party trade marks directly from the owner(s) of those trade marks.
- Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bona fide personal use.
- You agree that you will not (either yourself or via a third party):
- use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;
- use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
- use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
- use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
- take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;
- reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or
- copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
You must indemnify us, our employees, agents and contractors against any claim by a third party arising out of:
- your breach of these terms and conditions;
- your use of the links to third party websites or material on those websites; or
- your use of the material on our website or obtained via our Apps.
Termination of access
Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination.
- These terms and conditions are governed by the laws in force in New South Wales Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
- You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
- This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
- We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
- If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
Studio Opening Disclosures
- QTD metrics as of 12/31/2021
- “Initial Studio Openings” means the number of studios that were determined to be first opened during such period. Prior to October 1, 2021, we classify an Initial Studio Opening to occur in the first month in which the studio first generates monthly revenue of at least $4,500. After October 1, 2021, we classify an Initial Studio Opening to occur in the month in which we record the initial studio opening in our internal systems. Any studios that did not have an Initial Studio Opening under the prior definition are included as of October 1, 2021. Initial Studio Openings are not adjusted downward for studios that were temporarily closed due to the COVID-19 pandemic or otherwise.
- “Total Studios” as of any specified date, means the total cumulative Initial Studio Openings as of that date less cumulative permanent studio closures as of that date. Total Studios are not adjusted downward for studios that were temporarily closed due to the COVID-19 pandemic or otherwise.
Consent to Post User Content
- User Content Generally.We may ask you for your consent to post your content, including pictures and comments (“User Content“), for publication on our social platforms. If you consent to us posting User Content by responding to our request, these terms will apply to you. If you do consent to our request, you would still retain any copyright and other proprietary rights that you may hold in the User Content.
- Limited License Grant to F45.When you consent to allow us to post User Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- User Content Representations and Warranties.We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content. When you consent to us posting User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users to use and distribute your User Content as necessary to exercise the licenses granted by you; and
- your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation.
- User Content Disclaimer. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities.
- Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted by us, you may contact our Designated Agent at the following address:
F45 Training Incorporated
ATTN: Legal Department (Copyright Notification)
3601 South Congress Ave, Building R, Austin, Texas 78704
Email: [email protected] (Subject: Copyright Notification)
Any notice alleging that materials hosted by or distributed by us that infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
WEBSITE LAUNCH MEMBERSHIP GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN.
HOW TO ENTER: Beginning on Monday, August 21, 2023 at 9:00AM EST through Wednesday, September 27, 2023 at 11:59PM EST individuals must visit f45training.com and sign up for F45’s newsletter (“Participant”).
If you are already signed up to F45’s newsletter, you may sign up again to participate in this Giveaway, however, multiple entries from the same Participant are not permitted.
Entries that are incomplete, do not adhere to these Official Rules and entries where Participants did not receive confirmation of being registered to F45’s newsletter will be disqualified at the sole discretion of the Administrator (as defined below).
ELIGIBILITY: Open to individuals worldwide who are 18 years of age and older as of Monday, August 21, 2023, except for employees of F45 Training Incorporated (the “Administrator”) and their affiliates, subsidiaries, and agencies (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household. Void where prohibited.
DRAWING: A random drawing will be conducted on Friday, 29th September, 2023, by the Administrator to select the winner[s] from among all eligible entries received.
A total of three (3) winners will be selected at random. Potential winner[s] will be notified via DM on Instagram. Failure to respond within the applicable time period will result in forfeiture of prize and Administrator shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this Giveaway, Participant accepts and agrees to these Official Rules and the decisions of the Administrator, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use the winner’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Any applicable laws apply.
PRIZE[S]: Each winner will win one (1) twelve (12) month unlimited membership commencing on October 1, 2023 to a F45 studio of their choice. Limit one prize per winner. No substitution or transfer of prize permitted by winner. Administrator reserves the right to substitute a prize of equal or greater value.
LIMITATION OF LIABILITY: By entering this Giveaway, Participant waives all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this Giveaway or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an Participant’s failure to receive prize notices due to Participant’s spam, junk e-mail, or other security settings or for Participant’s provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Giveaway; by any human error which may occur in the processing of the entries in this Giveaway; or any typographical, technological, or other error in the publishing of the offer, administration of the Giveaway, or announcement of the prize[s]. If, in the Administrator’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Giveaway, or if technical difficulties (including viruses and bugs) compromise the integrity of the Giveaway, Administrator reserves the right to cancel or modify this Giveaway in a manner it deems appropriate. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning Participant, entries will be declared made by the name on the online entry form.
PUBLICITY RELEASE; COPYRIGHT LICENSE. Except where prohibited, participation in the Giveaway constitutes each winner’s consent to Administrator’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state in perpetuity for promotional purposes in any media, worldwide, without further payment or consideration to winner and without winner’s approval of any advertising or marketing materials.
CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this Giveaway and these Official Rules are governed by, and construed in accordance with, the laws of Texas, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Giveaway and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Austin, Texas.
WINNERS LIST: For the names of all prize winners/name of the prize winner, available after 1st October, 2023, send a self-addressed, stamped #10 envelope to: Marketing Team, ℅ F45 Training, 3601 South Congress Ave, Building E, Austin, TX 78704.
SPONSOR: F45 Training, https://www.f45training.com/, 3601 South Congress Ave, Building E, Austin, TX 78704, United States. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram.