SECTION 1 – RISK AND LIABILITY WAIVER

You agree that Culture Gym pty Ltd (Culture Gym), as a  supplier of recreational services, will supply services including, but not limited to, health clubs and facilities, fitness equipment, fitness classes and/or training programs (‘the recreational services’)

Acknowledge that whilst Culture Gym, its officers, employees, servants or agents take measures to make the recreational services as safe as possible, there is a risk that you could be personally injured as a result of my use and/or participation in and/or reliance on the recreational services;

Understand that any personal injury may result from your actions, the actions of others or equipment failure, and may be life threatening or result in severe or permanent disability or death;

Agree that you will, at your own risk, use and/or participate in and/or rely upon the recreational services

Agree that Culture Gym, its officers, employees, servants or agents will not be liable to yourself or your dependants, for personal injury or death suffered due to the:

recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other consumer guarantees applied by the Australian Consumer Law of this State; and/or

negligence, breach of contract and/or breach of statutory duty of Culture Gym

Agree that you will indemnify Culture Gym, its officers, employees, servants or agents for and against all liability to yourself or your dependants, for personal injury suffered due to the;

recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other consumer guarantees applied by the Australian Consumer Law of this State; and/or

negligence, breach of contract and/or breach of statutory duty of Culture Gym

1.      Understand that this Risk Warning and Liability Exclusion is not intended to exclude, restrict or modify liability which cannot lawfully be excluded, restricted or modified; and

2.      Acknowledge that this Risk Warning and Liability Exclusion is governed by the laws of the State in which it is agreed to.

 SECTION 2 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Culture Gym, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 SECTION 3 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Culture Gym and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 SECTION 4 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 5 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 SECTION 6 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 SECTION 7 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

 SECTION 8 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.