Limitless Fitness & Nutrition Terms & Conditions

Effective Date: 28 February 2022

Please read these terms carefully before using our site or purchasing or using any Online or Live services.

Introduction

Welcome to limitlessfitnessnutrition.com.au (Site). The Site is operated by Corinne Blight trading as Limitless Fitness & Nutrition ABN 59 374 021 656 (we, our or us). Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms are very important as they apply to all Site visitors, members, participants, clients, customers and all other users of the Site (“member”, “user”, “participant”, “you” and “your”).

Consent to Site Terms

By accessing and/or using our Site, our social media channels and any other materials made available to you including but not limited to our online classes, videos, audio and podcasts, webinars, downloading of any materials, training and exercise programs, live workout classes, virtual group fitness classes, consultations, training manuals (“Online Services”); and/or our live classes, personal training, small group training, retro-robics, reformer & live Pilates, (“Live Services”), fitness and nutrition coaching, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read our Terms carefully and immediately cease using our Site if you do not agree to them.

By using the Site, accessing or purchasing any Online or Live Services (including signing up for continual membership), you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) if applicable, you are a parent or guardian of a minor who is under the age of 18 years and you agree to comply with these Terms on behalf of the minor;

(d) will comply with these Terms.

For safety and security reasons you must be at least 18 years old to register or make use of this Site and the services associated with it. However, if you are under 18 years of age (minor), and both you and your parent or guardian agree to the Terms, you may register or apply for membership. Your membership (or any links or logins to any Online or Live Services provided by us or via third party on our Site) may be immediately cancelled if you breach any of our Terms.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your membership (or refuse participation or retract access to any links or logins provided by us for any Online or Live Services provided on our Site or via a third party), if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Site or to the contents and components of the Site or are in any way in breach of these Terms.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase or download or participating in any Online or Live Services. You should also keep a copy of these Terms for your records.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up to date and we are not liable if any Content is inaccurate or out of date.

Information on this Site is general information only and not medical advice

All content, including the Online or Live Services made available to you on limitlessfitnessnutrition.com.au, contains general information about our Online or Live Services, as well as general exercise and nutritional advice and does not take into account your specific needs, objectives or circumstances. The information contained on the Site is not a substitute for obtaining medical or nutritional advice specific to your circumstances from a qualified medical practitioner or nutritionist. Your use of this Site, booking a free consultation or booking into any webinar, training and exercise programs or the like or the purchase of any of our Online or Live Services, does not create a nutritionist and client relationship. You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site, using a free consultation or booking into any webinar, training and exercise programs or the like or purchasing the Online or Live Services is not privileged or confidential.

Your physical condition

You acknowledge the risks and dangers associated with performing any stretches or exercises that form part of the Content and Online or Live Services, which include, but are not limited to serious bodily injury, death or other damage or injury.

You should be in good physical condition and able to participate in the Online or Live Services, activities or exercises providing on our Site or via a third party. If you engage in any Online or Live Service, activity, exercise or exercise program on our Site or via a third party, you agree that you do so at your own risk, are voluntarily participating in these activities, and all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

Injuries of all types can occur when participating in the Online or Live Services, activities, exercise, physical fitness and training programs, hence Limitless Fitness & Nutrition strongly requires all participants to complete the ‘’Adult Pre-Exercise Screening System Questionnaire” and if deemed as required to attend a qualified medical practitioner to assess suitability of membership or use of our services.

Such injuries may include but are not limited to:

(a) Bruising, cuts, and general soreness;

(b) Muscular and tendon injuries;

(d) Fractured or broken bones;

(e) Concussion; and

(f) Cardiac arrest.

Each time you use this Site or participate in an Online or Live Service, activity, or exercise on our Site or via a third party, you must ensure you are in good physical condition and know of no medical or other reason why you should not perform any of the Online or Live Services, activities, stretches or exercises. If you are unsure, you should not use the Site until you have sought appropriate medical guidance and been given the all-clear from a qualified medical professional.

You agree to give us all relevant personal health and fitness information both before and during the course of any Online or Live Service, exercise program or other activity. You also agree to complete our ’Adult Pre-Exercise Screening System Questionnaire’ upon our request. In some cases, responses to the questionnaire that you provide will require that you get medical guidance before participating in any activities, stretches or exercises via our Site or via a third party. You acknowledge that pre-exercise or other screening is no substitute for medical advice, treatment and therapy, and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way. You must not use the Site if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other participants. We may suspend or cancel your account or membership (including any logins or links to any Online or Live Services provided by us or a third party via our Site or email). the if we have reason to suspect that you have not complied with this paragraph or these Terms more generally.

Limitless Fitness & Nutrition and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Site, including but not limited to changes in body composition, weight loss or your health or wellbeing more generally.

Responsibility for suitable setting

If you have organised for Online Services to be provided, or for Live Services to be provided in a location other than the following addresses (“Principal Locations”):

(a) Wilton NSW 2571;

(b) Pulse Gym studio in Bingara Gorge located at 50 The Irons Drive, Wilton NSW 2571;

you are responsible for the setting to be suitable and compliant with any relevant Workplace Health and Safety regulations or requirements of the premises, and to ensure unfettered access to relevant safety equipment.

Upon agreeing to these Terms, you hereby agree to release, discharge, indemnify and hold harmless Limitless Fitness and Nutrition against any loss, liability, damage, claim, cause of action, known or unknown cost, or expense of any nature whatsoever, including without limitation reasonable legal fees and other legal costs arising from using our Online or Live Services.

License to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site and our Services in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

If we provide you with any access codes or links to Content or Online or Live Services (i.e. login and password details or similar, or links to videos, information, etc) to access your account, membership or any of the Online or Live Services, Content or information on our Site or provided by us via a third party, you acknowledge and agree to keep these access codes and content confidential. You are not permitted to divulge such content or access codes to any other party without our expressed written consent.

Information

The Content contained within our site is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not to be treated as medical advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

This Site and Online or Live Services contain intellectual property owned by Limitless Fitness and Nutrition and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the Online or Live Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online or Live Services or the Content.

You must not:

(a) copy or use, in whole or in part, any Content or Online or Live Services;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content or Online or Live Service to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content or the Online or Live Services, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online or Live Services, Limitless Fitness and Nutrition’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online or Live Services, without refund, if you are found to be violating these Terms.

Training Manuals, Guides and Resources

By ordering or downloading our training manuals, exercise programs, guides, resources or similar documents from our Site whether directly or via our membership services, you are granted a non-exclusive, non-transferable, limited licence to access and use the document for your own personal use. You may not assign or transfer the documents or your membership package or its benefits to any other person without Limitless Fitness & Nutrition’s express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services (including Online or Live Services) to you at any time for any reason.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and Content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

No commercial use

Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Third party sites

Our Site may contain links to websites or applications operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites or applications. You should make your own investigations with respect to the suitability of those websites and applications.

Exclusion of competitors

You are prohibited from using our Site, including the Content and Online or Live Services in any way that competes with our business.

Cookies

During your use of this Site, we may issue and request cookies to and from your computer or mobile device. By using this Site you authorise Limitless Fitness and Nutrition to issue and request such cookies.

Webinars

Where we include a webinar or access to a webinar or similar on our Site, this is for informational purposes only and does not in anyway constitute medical advice.

Prices and Payment

There are no fees to access the free portion of the Site but there are payments and pricing associated with our exercise classes, programs, nutritional consultations and membership.

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased our Online or Live Services it will be charged at the price in force at the time a customer’s order is validated.

We offer visitors who want to purchase from our Site the option to pay for the Online or Live Services by credit card, direct debit, Square, or such other method of payment as notified by Limitless Fitness and Nutrition from time to time. You acknowledge and agree to make timely and full payments to Limitless Fitness and Nutrition for Online or Live Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise Limitless Fitness and Nutrition to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, Limitless Fitness and Nutrition may revoke your access to the Online or Live Services, without refund. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. PayPal, etc.) which are available on their respective websites.

Unless otherwise agreed, payment for Online or Live Services is to be made prior to the provision of the services, unless otherwise agreed to be paid at a later stage by invoice. Payment of invoices is required within fourteen (14) days of the date of the invoice.

Membership fees

Membership fees are described in Schedule 1 to these terms and conditions.

Online Payment Security

Payment is deducted from the member’s account at the start of each month. Credit card details are retained for subsequent membership renewal, and payment is secured through our secure online payment portal. Upon cancellation of the membership, credit card details are no longer retained and further payments will not be charged.

Cancellation and Refunds

You may cancel your online membership package after a minimum of one months’ use, on one months’ written notice. You will appreciate that our memberships are designed so that you receive great value for money with costs spread out over a one month period. You begin to receive the full benefits of our Online or Live Services as soon as you create an account. We do not provide refunds or credits simply because your situation has changed or you have changed your mind. On receiving your confirmation of cancellation, we will calculate a payout figure you must pay taking into account any template documents and services accessed as part of your membership package and work provided.

For cancellation of Live Services, 48 hours’ notice must be provided. If sufficient notice is not provided, you will not be eligible for a refund and you will be liable for the full cost of the session.

Termination of membership package

You must at all times comply with these Terms when using the membership package, accessing your account and participation in Online or Live Services. We reserve the right, in our sole discretion, to suspend or terminate your membership or access to all or any part of your account and Online or Live Services, including if we believe you have abused the services in any way or have breached these Terms or the terms of any medical practitioner-patient agreement. Where the membership package is terminated due to a breach of these Terms, the balance of the instalments due for the remainder of the term of the subscription will become immediately due and payable.

Payment for commissioned work

If you have commissioned work for the production of a video or other content, payment of the sum specified by Limitless Fitness & Nutrition is required prior to work being commenced. After payment has been received, Limitless Fitness & Nutrition will commence working on the video or other content, which is to be provided to you within a reasonable time for review. Once videos or other content has been issued, you are able to request up to one edit without additional cost, however further edits will be subject to an additional charge as advised by Limitless Fitness & Nutrition, based on the additional work required to action the desired changes.

Update as of 20.12.22

All Live Services & Online LFN memberships will be offered as a direct debit payment plan moving forward. All direct debits will align with a (approximately) 3 month school term & then, the following term, the client can select if they wish to continue on.

You are welcome to attend a one off $15 trial session before committing to Limitless Fitness & Nutrition Training in the trial period.
Following your trial, we ask for a one-block committment or pro-rated to your start date.
All sessions will commence on time, please ensure you arrive 5-10 minutes prior to the start of your session to ensure you find the venue and have adequate time to speak to us and ask any questions.
Please ensure prior to commencing your first session, you have filled out your pre-exercise screening & signed our terms & conditions.

Bookings & Payments

Your $15 trial can be made directly through LFN through email or our website. Your $15 fee is payable by either cash at your first session or online via credit card.
Following your trial session, you will be placed on our direct debit system to automate your class payments.
You will be booked into the same sessions for the duration of the block.

Cancellations & Make-ups

• No credits will be given for missed sessions. i.e. you cannot tack sessions on to the end of your booked period.

Once per month, we will offer a ‘Super Friday’ or ‘Super Saturday’ class where you’ll be able to attend and catchup on the missed class. Note, there is no guarantee this class will match the one you missed i.e. if you missed a Reformer Pilates class, we may be running a Matwork Pilates class you’ll attend instead.
A cancellation administration fee of $60 will be incurred if cancelling your Direct Debits before the end of the scheduled block.

Creating an account

To place orders of our programs and access some features of the Site or the Online or Live Services (including the membership packages), you may have to register an account or sign up for membership. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You will also be required to create a username and password. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. We reserve the right, at any time, to request a form of identification to verify your identity. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.

We reserve the right to suspend or cancel your account or membership at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts Limitless Fitness and Nutrition’s reputation.

When you use or buy our Online or Live Services we will give you a limited license

Where any Online or Live Services are downloaded by you or to which you are granted access whether on our Site or via a third party, Limitless Fitness and Nutrition grants you a limited, personal, non-exclusive, non-transferable license to use the Online or Live Services for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Online or Live Services in any manner, except for modifications in completing the Online or Live Services for your authorised use.

You shall not remove any copyright notice from any of the Online or Live Services. Doing so may infringe on our intellectual property rights, as outlined below.

Recording and distribution authorisation

We regularly record our Online or Live Services and by proceeding with any of our Online or Live Services on our Site or via a third party, you provide your consent for us to record the Content and post or distribute the Content on social media channels and websites for third party use.

User feedback, comments and other submissions

We always appreciate interaction on our social media channels and feedback about our Online or Live Services, as it helps us to improve our Site and our Online or Live Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time. We reserve the right to remove a review or comment if such review or comment:

(a) contains libellous or otherwise unlawful, abusive or obscene material;

(b) attacks our employees or another contributor;

(d) is unrelated to the post or Content to which you have reviewed or commented on.

Our Site features user reviews of the Online or Live Services and blogs by guest bloggers, these reviews and Content of the guest blogs in no way represent the views or opinions of Limitless Fitness and Nutrition or its owners, shareholders, employees or others, but are the sole product of its creator. Limitless Fitness and Nutrition disclaims all liability with respect to any Content submitted by the user or guest speaker or blogger.

Discounts

From time to time, we may offer discounts including exclusive member only discounts, any such discounts cannot be used in conjunction with another offer or discount. Basically, what that means is its only 1 discount per purchase. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content or Online or Live Services, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

You read, use and act on our Site, the Content and Online or Live Services at your own risk.

Limitless Fitness and Nutrition expressly disclaims liability for all damages and assumes no liability or responsibility for any loss, injury or damage suffered by any person as a result of the use, misuse, reference to, reliance on, or results obtained from any Online or Live Services, activities, exercises, information, videos, audio or training manuals made available on this Site or via a third party or from information obtained at any linked site or recommended products.

You hereby agree to release, discharge, indemnify, and hold harmless Limitless Fitness and Nutrition together with its officers, directors, shareholders, members, employees, agents, and their respective successors and assignees against any loss, liability, damage, claim, cause of action, known or unknown cost, or expense of any nature whatsoever, including without limitation reasonable legal fees and other legal costs arising from the Content of this Site and any Content provided via a third party at the direction of us.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with any cyber threat or technological issue, or your use of our Site and/or the Content and/or Online or Live Services and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

corinne@limitlessfitnessnutrition.com.au