BARRY'S AUSTRALIA TERMS OF USE

Welcome to what many have described as "the best work-out in the world".

But guess what, like every other company around, we’ve got some rather detailed Terms of Service.

We know it’s a long page, that’s because it’s broken up into chunks which detail different aspects of our service.

We will always do our best to provide you with a great service. These Terms of Service are here to help us make sure you consistently get the most out of your work-out with us.

OK, so let’s start…

 

Terms of Use of the Barry’s Website


These Terms of Use (“Agreement” or “Terms”) set forth the terms and conditions that govern your use of the Barry’s Bootcamp Australia website at www.barrysbootcamp.com.au (“the Site”) operated by Barry’s Bootcamp Australia Pty Ltd (“Barry’s Australia”, “us”, “we” or “our”). They also govern your use of the Barry’s Australia services and facilities (“Services”) at each of our studios (“Studios”) so please read these carefully before using our Services and/or the Site!

By accessing or using the Site and/or the Services in any manner, creating an online account or purchasing an entry pass online, you acknowledge that you have read and agree to be bound by these Terms. You may otherwise indicate your acceptance of these Terms when registering as a client at one of our Studios by signing a copy of the same.

You acknowledge and agree these Terms may be amended by Barry’s Australia from time to time by updating the Terms on the Site.

It is your responsibility to read and understand these Terms and your continued use of the Site and/or Services will amount to acceptance of these and any updated Terms.

ACCOUNTS


In order to access some features of the Site, you will have to create an account online with us. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account. 

cLIENT services and policies

Cancellations: You must cancel your class 12 hours in advance or you will be deducted that class from the total number of classes available to you on your account. Switching your time slots within the 12-hour notice time period will also result in a further class being deducted from the total number of classes available to you on your account. You may cancel a class through our online system or by calling the Studio directly.

Reservations: You must be physically present at the Studio 5 minutes prior to the start of your scheduled class or your class may be given to a waitlisted client.

Personal Belongings: You agree that Barry’s Australia is in no way responsible for the safekeeping of your personal belongings while you are present in the Studio. You assume all risk of loss for any of your personal belongings.

Studio Rules and Regulations

The RED ROOM is exactly that and requires you to move carefully around the Studio as the lighting maybe lower than you are accustomed to. By agreeing to these Terms you are acknowledging the risks associated with participating in a fitness activity within a reduced lighting environment.

Our treadmills are designed especially for our work-outs and require you to power them off after each set, or at any time you step off the treadmill. Do not leave the treadmill running when you move to your floor station and do not put anything on or behind them within the area indicated by the caution taping (i.e. weights or equipment).

Our skilled instructors will guide you through your workout. Please always follow their instructions to ensure a safe and an exceptional work-out.

You agree you will act appropriately whilst in the Studio and be respectful to others including other members, guests, our staff and outside providers. Examples of inappropriate or disrespectful behaviour include:

  • Verbal or physical intimidation;
  • Harassment;
  • Discrimination; or
  • Purposely disregarding the safety of others.

You agree to wear appropriate dress while training with us including fully enclosed sports shoes and non-offensive clothing.

All purchased classes are non-refundable. No exceptions.

You warrant that you are in excellent physical condition. If you are injured, ill or recovering from injury or illness, notify the instructor prior to class start time.

The Site and Your Responsibilities

We are and remain the owner of the Site at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Site in any way.

You acknowledge that rights in the Site are licensed (not sold) to you, and that you have no rights in, or to, the Site or the technology used or supported by the Site or any Site service other than the right to use each of the same in accordance with this Agreement. You acknowledge and agree that you as a user of the Site are responsible and legally liable for your activity, behaviour, use of and conduct on the Site.

You must:

  • not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;
  • not use the Site in a way that could damage, disable, overburden, impair or compromise the Site, or systems or security or interfere with another user's rights, use or enjoyment of the Site;
  • not carry out reverse engineering in respect of the Site; and
  • comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site.

Barry’s Australia may remove or suspend your access to the Site and related services or terminate this Agreement at any time, with or without notice, if it determines in its absolute discretion that your use of the Site is contrary to any of these Terms.

Eligibility

This Site is intended solely for users who are 16 years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms. By using our Services or the Site, you represent and warrant that you are 16 or older and that you agree to abide by all of these Terms. Minors between the ages of 16 and 18 may register on our website however must be accompanied by their registered parent or guardian upon their first visit to any Studio.

Intellectual Property

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under law. Content on the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content.

Fees

You acknowledge that Barry’s Australia charges fees for the Services, and we reserve the right to change our fees from time to time in our discretion. If we terminate your Agreement because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of any fees paid.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy at https://www.barrysbootcamp.com.au/privacy-policy/.

Third Parties

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function, for example completing a client registration. They cannot use your information for any other purpose.

This Site may also contain links to websites operated by third parties. Such links are provided for convenience only and Barry’s Australia has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

Password

When you register as a client, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another client at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Limitation of Liability

A. Services

Under the Competition and Consumer Act 2010 (“Australian Consumer Law”), we guarantee that our recreational services are:

  • provided with due care and skill;
  • fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve; and
  • supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign this Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose. This does not apply if your death or injury is due to our gross negligence.

B. Site

To the maximum extent permitted by law, including the Australian Consumer Law, no warranty or representation is made about the Site or the content provided throughout, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

To the maximum extent permitted by law, Barry’s Australia and their officers, employees, consultants, contractors or agents will not be liable for any loss howsoever arising in connection with the use of this Site or these Terms of Service, including, without limitation, any changes to the Terms or changes to the Site.

Term and Termination

These Terms and any variation to them shall remain in full force and effect while you use the Services or the Site. You may terminate this Agreement at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local Studio directly via phone or email at [email protected]

We may terminate this Agreement immediately at any time, with or without notice and with or without cause. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and intellectual property.

We reserve the right to cease operating the Site at any time without notice.

General

This Agreement, together with our Privacy Policy, the Risk Waiver and the Pre-Exercise Questionnaire and any notices or special conditions posted on the Site from time to time constitute the entire agreement, understanding and arrangement (express and implied) between you and Barry’s Australia relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

If any term or condition of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Barry’s Australia’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Governing Law

The laws of the state in which your home Studio is located govern these Terms and you submit to the exclusive jurisdiction of the courts of that state.