Terms and Conditions

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered into between a Bodytech (Aust) pty ltd Denise Curnow The provision of services by Professional to Client, and Client’s use of any website, premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, including any programs and workouts issued to you, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises, online service or facility, or using any equipment, whether provided to you by Professional or otherwise, including injuries or damages arising out of the negligence of a Professional, whether active or passive, or any of Professional’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Professional or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Bodytech (Aust) pty ltd Denise Curnow Fitness Professional (and Professional’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Professional, whether active or passive, or any of Professional’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while travelling to or from personal training, including injuries resulting from Professional’s or anyone else’s negligent inspection or maintenance of the facility or premises. INDEMNIFICATION: By agreeing to this agreement, you hereby agree to indemnify and hold harmless Professional from any loss, liability, damage, or cost Professional may incur due to the provision of services by Professional to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Professional offers a service to his/her clients encompassing the entire recreational, nutritional and/or fitness spectrum. Professional is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Professional. You acknowledge and agree that Professional does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by agreeing to this waiver and release, you are giving up your right to bring a legal action or assert a claim against Professional for Professional’s negligence, or for any defective product used while receiving services from Professional. You have read and voluntarily agreed to the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Refund and exchange policy

Refunds, credit notes will not be provided for any online services.

A credit note or a replacement product will be offered if the merchandise purchased is deemed to have a genuine manufacturing fault.

Refund and exchange requests need to be email

denise@bodytech.net.au

Full name
Email address
Telephone number
Description of the product
Purchase date and order number
Reason for exchange