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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ACCESSING ANY SERVICES. By using this website and signing up to services, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please discontinue using this website and any related services.

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Release of Liability, Waiver of Claims, Assumption of Risk.

BY SIGNING UP TO SERVICES PROVIDED BY THE COMPANY YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Act 2003.

YOU ARE PARTICIPATING AT YOUR OWN RISK.

Definitions: In this agreement ; a) The term “ATHLETIC ACTIVITY” OR “ATHLETIC ACTIVITIES” OR “TRAINING” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, strength conditioning, metabolic conditioning, plyometric movements, interval training, bodyweight conditioning, skipping, stretching, outdoor running and training in parks, recreational areas, playgrounds, car parks, sidewalks, sports programs, clinics, seminars, online classes and services provided to the participant by the Company.  The term “INJURY” shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and training activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.

Photography/Video Release: Participants involved in any activities offered by the Company may be photographed or videotaped during training. By signing up, I consent to the use of these photographs and /or videos without compensation, on the Company website or in any editorial, promotional or advertising material produced and /or published by the Company. Participants of My Fit Tribe Virtual classes understand that every Bootcamp & Small Group Training session will be recorded and uploaded into the online portal for use by all participants. By signing up, you agree that anything within your camera frame is there by your consent, including children, animals and personal items, and as such will also be recorded.

Waiver and Release of Liability, Express Assumption of Risk: By signing up online, I am aware that there are significant risks involved in all aspects of athletic activities and physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; participation in wet weather training, events or activities; participation in events, activities or training where weather conditions may change or not be of an expected nature. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).

I understand that the training may involve weight lifting, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training session. I understand that should I feel light -headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of the Company. I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training at the Company I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

Release: In consideration of the above mentioned risks and hazards and in consideration of  the fact that I am willingly and voluntarily participating in the activities offered by the Company, I, by signing up, hereby release the Company, their principals, agents, employees, trainers, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of , or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding up on me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I give permission for the Company's staff and trainers to seek emergency medical services for me should I become injured or ill, with the understanding that I am responsible f or any expense incurred. If I am signing up on behalf of a minor child, I also give full permission for any person connected with the Company to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child. 

Indemnification: The participant recognises that there is risk involved in the types of activities offered by the Company. Therefore, the participant accepts financial responsibility for any injury that the participant may cause either to him /herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the Company, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by the Company, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and /or any area selected for training by the Company.

I have read and understood the foregoing assumption of risk and release of liability and I understand that by signing up, I am obligated to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing up, I am waiving valuable legal rights.

Any concerns regarding the contents of this section should be directed to danni@dannivee.com PRIOR to signing up.

 

Membership Policies

Payments & Refunds

These terms apply to all membership types listed below. For information on cancellation policies specific to a certain membership, see the applicable section below.

1. All memberships are set up as automatic payments via Ezidebit or Stripe.

2. For recurring memberships, payment is made upon sign up and every week thereafter.

3. The Company has a no refund policy.

Personal Training & Small Group Training

1. All cancellations must be made at least 24 hours prior to the scheduled session. If the cancellation is made after this time frame the full fee for the session will be charged.

2. The Company understands that emergencies do happen therefore you may reschedule your session. If you reschedule your session at least 24 hours prior to the scheduled session, there will be a $5 fee. If you reschedule after this time frame the full fee of the session will be charged.

3. You may reschedule with no fee the week prior to your scheduled session.

Bootcamp/Group Membership

1. The membership price covers your specified amount of classes per week.

2. The price of an unlimited membership remains the same regardless of the number of sessions attended during the week.

3. The price of limited memberships remain the same, regardless of whether you attended the number of classes available to your specific membership level during the week.

4. For limited memberships, during the current COVID-19 pandemic, all classes are available Live via Zoom or on replay through My Fit Tribe Virtual. Therefore, should you miss a live class you will not be able to accumulate or roll these over into the next week. 

5. When government regulations allow, outdoor classes are held rain, hail or shine. Undercover facilities are available in the case of wet weather.

6. You may downgrade your membership with 4 week's notice. Classes from the previous memberships are not valid in the new membership.

7. You may put your membership on hold for a maximum of 4 weeks. You must provide 1 week's notice to put your membership on hold.

8. You may cancel your membership with 4 week's notice. These terms may be assessed on an individual basis if there are extenuating circumstances.

Any concerns regarding the contents of this section should be directed to danni@dannivee.com PRIOR to signing up.

 

Website Access & Content

Your access to and use of this website, as well as all related websites operated by Danni Vee and My Fit Tribe Pty Ltd (which includes www.myfittribe.com.au, www.dannivee.com among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing, browsing the Site and signing up to services, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by My Fit Tribe Pty Ltd, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name My Fit Tribe, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at 21 Somers Street, Cashmere 4500, Queensland Australia. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://danni-vee.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. 

11. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Last Updated: April 3, 2020

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