Terms & Conditions — Duck and Turtle Fitness

Registration/Participant Terms & Conditions

Participant’s Fitness & Capability

The registered participant is physically fit to take part in activities at Duck and Turtle School Holiday Fitness Program, no current or previous medical conditions will affect their participation.

Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If the participant engages in this exercise or exercise program, you agree that they do so at their own risk, are voluntarily participating in these activities, assume all risk of injury to the registered participant, and agree to release and discharge Duck and Turtle School Holiday Fitness Program, all its instructors, commentators and any associated with Duck and Turtle School Holiday Fitness Program from any and all claims or causes of action, known or unknown.

Medical Assistance

I consent to receive and agree to pay for any reasonable medical treatment for the registered participant (including transport by ambulance) considered advisable by the Duck and Turtle School Holiday Fitness Program medical staff, prior, during or after any activities at Duck and Turtle School Holiday Fitness Program.

Release Of Liability

I waive, release and discharge Duck and Turtle School Holiday Fitness Program from all claims or causes of action it may have (including for negligence) arising from any injury, loss or damage of any kind suffered including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly due to participation in the facility.

Acknowledgement Of Risk

I acknowledge that activities hosted by Duck and Turtle School Holiday Fitness Program can be hazardous and as a result, serious injury including sprained muscles, broken or fractured bones or other physical injuries or death can come as a result.

I understand that attendance at Duck and Turtle School Holiday Fitness Program is voluntary and exclusively at your own risk and at all times you have the option to withdraw from the activities.

Permission to Receive Emails

I give permission and consent to receive emails from Duck and Turtle School Holiday Fitness Program in regards to important information, upcoming events, programs, marketing, newsletters and other Duck and Turtle School Holiday Fitness Program related content.

Rejection & Expulsion

All rules and conditions will be adhered to. The coaches & supervisors reserve the right at their discretion to reject or cancel entry at any time, including but not limited to reasons of safety, insurance, or if in the opinion of the supervisors, the registered participants are unfit to participate at Duck and Turtle School Holiday Fitness Program for any reason.

Refunds

A refund will not be granted if:

The participant is absent on the day registered
The participant no longer wishes to attend on the day registered
The participant is expelled for misconduct

Release of Liability

Activities and Sports

Session will be a combination of facilitated sports, organised team games and other fitness-based activities. Children will be engaging in a range of physical activities throughout the day and by sending your child to Duck and Turtle Fitness you are ensuring they are physically able to participate in such activities.

Website Terms and Conditions

Welcome to the Duck & Turtle Website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.duckandturtlefitness.com.au relationship with you in regarding the use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.duckandturtlefitness.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.duckandturtlefitness.com.au rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.duckandturtlefitness.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.duckandturtlefitness.com.au liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

www.duckandturtlefitness.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.duckandturtlefitness.com.au and the owners of those websites. www.duckandturtlefitness.com.au takes no responsibility for any of the content found on the linked websites.

www.duckandturtlefitness.com.au website may contain information or advertisements provided by third parties for which www.duckandturtlefitness.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.duckandturtlefitness.com.au disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.duckandturtlefitness.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

YOUR PRIVACY

At www.duckandturtlefitness.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. Credit card information is not stored by us.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information.

DISCLOSURE OF INFORMATION

www.duckandturtlefitness.com.au may be required, in certain circumstances, to disclose information in good faith and where www.duckandturtlefitness.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. www.duckandturtlefitness.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.duckandturtlefitness.com.au concerning your use and access to www.duckandturtlefitness.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and www.duckandturtlefitness.com.au that results in litigation then you must submit to the jurisdiction of the courts of South Australia .