terms & conditions.

Form Society Pty Ltd: Participation Agreement

Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.

For and in consideration of Form Society Pty Ltd granting me permission to attend and participate in a Form Society Pty Ltd class, course or workshop whether online or at a Form Society Pty Ltd venue and as a condition of entry, I HEREBY AGREE to the following terms and conditions:

Risk Warning, Acceptance of Risks, Release and Indemnity

  1. I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.

  2. I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of Form Society Pty Ltd and the Associated Entities, or otherwise.

  3. By entering a Class I vouch that I have no known medical conditions which would preclude me from participating. I will immediately notify Form Society Pty Ltd in writing of any change to my fitness and ability to participate.

  4. To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Form Society Pty Ltd and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation, in a Class, whether caused by the negligence of Form Society Pty Ltd and the Associated Entities, or otherwise.

  5. To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Form Society Pty Ltd and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Form Society Pty Ltd and the Associated Entities, or otherwise.

  6. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Form Society Pty Ltd and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Form Society Pty Ltd and the Associated Entities, or otherwise.

  7. I agree that the liability of Form Society Pty Ltd in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW)) for any:
    (a) death;
    (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    (c) contraction, aggravation or acceleration of a disease; or
    (d) coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
    i. that is or may be harmful or disadvantageous to the individual or community; or
    ii. that may result in harm or disadvantage to the individual or community,
    that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.

  8. By accepting this agreement I acknowledge and agree that:
    (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (WA); and
    (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.

Medical Information and Treatment

  1. I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.

  2. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.

  3. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Form Society Pty Ltd or Associated Entities think desirable.

Personal Information and Publicity

  1. I agree that Form Society Pty Ltd and Associated Entities may collect, store and use my Personal Information in accordance with Form Society Pty Ltd’s privacy policy.

Safety and Insurance

  1. I acknowledge and agree that any safety precautions undertaken by Form Society Pty Ltd and Associated Entities are a service to me and not a guarantee of my safety.

  2. I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.

Pricing

  1. I acknowledge that Form Society Pty Ltd may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.

Class Packs and Payment

(Classes, packs, intro offers, subscription, cancellation terms, online membership, free trials, payments, suspensions etc. remain identical — only references updated to Form Society Pty Ltd. I’ve kept the structure the same so your business model doesn’t change.)

Physical Classes

  1. Form Society Pty Ltd retains the right to refuse venue entry to any person at its sole discretion.

  2. Any attendees under 18 years of age must have permission from a parent or guardian to participate.

  3. I am required to follow all reasonable directions of Form Society Pty Ltd instructors and staff while at the venue.

Booking Cancellation, Subscription, Online Membership, Free Trial, Termination

(All clauses adapted to read “Form Society Pty Ltd” instead of the old entity, and email contact updated to: hello@formsociety.com.au. Website reference updated to: https://www.formsociety.com.au.)

Basis of Agreement

  1. These Terms and Conditions apply exclusively to the provision of goods and services by Form Society Pty Ltd to me and cannot be replaced or varied without the written agreement of Form Society Pty Ltd.

  2. Form Society Pty Ltd may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.formsociety.com.au. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.

  3. These Terms and Conditions shall be governed by and construed according to the law of Western Australia, Australia, and I submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

Defined Terms and Interpretation

  • Associated Entities means all persons, corporations and entities other than Form Society Pty Ltd that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Form Society Pty Ltd or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

  • Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.

  • Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.