Terms of Use

Welcome to Danger Fit

At Danger Fit, we believe that your health and wellbeing is vital, and your exercise should be inspiring, challenging and fun, but also safe.

References to “we”, “us” and/or “our” in these Terms and Conditions is a reference to Danger Fit and its’ related entities, affiliates, and franchisees (as relevant). 

This website at the domain at http://www.dangerfit.com.au/ (Website) is operated by Jane Dangerfield (“us/we/our”) (ABN 50 826 761 272) (“DangerFit”) (we, us or our). 

Your access and use of the Website and Services is conditional upon your acceptance and compliance with these Terms of Use, Privacy and Data Retention Policy (Website Terms of Use).

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

By accepting this agreement you agree to indemnify Danger Fit and its employees and agents from any litigation, claim, warrant or other legal action in relation to any services provided to you by Danger Fit and its employees or agents for the term of this agreement and for a period of not less than 10 years after the date of termination of this service agreement where termination is affected by either party to this agreement. 

You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age. 

Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you. 

When participating in our sessions, work at your own pace and do not over-exert yourself. Stop immediately if you feel pain or discomfort and advise your instructor. You should seek medical attention immediately if there are any unanticipated changes to your physical condition at any time. 

You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our sessions. Completion of a client screening questionnaire is mandatory before participating in sessions run by Danger Fit. 

 To sign up to participate in our sessions, you will be requested to open an account with us. Your account will be governed by these terms and conditions, our Website Terms of Use, Privacy and Data Retention Policies. 

Current pricing and timetables (where available) are displayed on the Danger Fit website. From time to time, prices may change, and these will be noted on the Website. 

Where possible all classes and sessions should be pre-paid before attending. You may do this when booking your place in a class, via a pre-paid pack or as a casual attendee.

The sale of each class pack is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum commitment period, time limitations and/or class attendance limitations.

A class pack entitles the holder of the pack attendance to the specific classes for which they are purchased. Class packs cannot be exchanged for other services or classes.

Class packs are transferrable between holders, and may be gifted, shared, provided, or otherwise transferred to any person with the prior agreement of Danger Fit. 

Each class pack contains a strict expiry date. If the number of classes for which the class pack entitles attendance have not been used by the holder before the expiry date, then those classes will expire, and no refund will be given for any unused classes.

The sale of a class pack is final. Danger Fit does not offer any refunds, suspensions, or extensions on class packs for illness, injury, change of mind, user error, change of address, unsuitability, or any other reason.

Current prices and expiry time frames for each type of class pack can be found on our website and may be amended from time to time.

From time to time, we may offer gift certificates for sale. We may also offer gift certificates from time to time, for free or distributed as a reward, incentive, or as part of a marketing or promotional campaign. 

Gift certificates are limited to the current dollar value and time frame held on the certificate and are not redeemable for cash.

We bear no responsibility for loss or theft of Gift Certificates. All Gift Certificates have a strict expiry date. Unredeemed balances on Gift Certificates are not refundable. 

Gift Certificates may not be returned, resold, or used for any unauthorised advertising, marketing, sweepstakes or other promotional purpose.

Class Schedules are subject to change or cancellation without notice. If you have pre-booked and paid for a class or session in advance, we will endeavour to honour the pre-booked schedule, however, in circumstances beyond our control we will re-schedule to a mutually acceptable time and date. 

We reserve our right to change our operating hours at any time, without notice to you. You will be notified of any permanent changes to our operating hours. 

Your personal information collected by us in accordance with these Terms and Conditions will at all times be dealt with in accordance with our Privacy Policy. A copy is available on our website.  

Clients must notify us in writing if there are any changes to their details which have been provided to Danger Fit. This is to ensure that we can communicate with you.  

By attending Danger Fit sessions, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in exercise programs is undertaken at your own risk.

You must inform instructor if there are any risks to your health by participating in our exercise programs, including pre-existing injury, illness, muscle soreness/discomfort or pregnancy, prior to commencement.

Participating in any form of exercise at, or provided by, Danger Fit with a Medical Condition is done entirely at your own risk. You acknowledge that your participation in any from or exercise at, or provided by, Danger Fit may involve risks, including risk of personal injury.

Your Danger Fit instructors are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or that clients can engage in exercise without detriment to their health, safety, comfort, or physical condition. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.

By participating in our classes, you agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Danger Fit is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by Danger Fit in supplying the recreational services. 

You acknowledge that our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that exercise is undertaken in accordance with Danger Fit best practice.

It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the cost of purchasing any class packs or other products from us.

If a payment is declined for any reason, we reserve the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.

We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees.  

 Danger Fit is not responsible for any personal property of any individual that is damaged, lost or stolen while in or around exercise locations. 

Sometimes we may photograph a session for use in promotional and other business-related material. It is possible that, as a Danger Fit attendee, you may appear in a photograph. If you do not want your image to be used, it is your responsibility to advise Danger Fit in writing of this. 

The intellectual property in the content management system and templates powering the Website (Content Management System), and the data and content contained in the Content Management system (Licensed Content) are owned by Danger Fit (ABN 50 826 761 272).

All other intellectual property, data and content in the Website (including the text, graphics and images) is owned by us (Our Content).

The Licensed Content and Our Content are together referred to as “Content” for the purposes of these Website Terms of Use.

 Unauthorised use of any intellectual property in the Website, the Content Management System or the Content will constitute a breach of the Copyright Act 1968 (Cth).

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in the Website Terms of Use, no part of the Website, Content Management System or Content may in any form or by any means (including but not limited to, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without expressly being provided for on the Website or expressly authorised in writing by us.  

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. 

You irrevocably waive any claim against Danger Fit with respect to such other services. Danger Fit is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.

You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Danger Fit to disclose your data as necessary to facilitate the use or enablement of such other service. 

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.

You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk. 

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses. 

You agree to indemnify and hold Danger Fit and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part. 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. 

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect 

You must not use or launch or allow any other person to use or launch any automated system including without limitation “robots”, “spiders”, “offline readers” or software yet to be invented, that accesses any part of the Website or Content.

You must not decompile, copy, alter, modify, reproduce, publish, adapt, create a derivative work of, reverse engineer, de-code, interfere with, or in any way disassemble or otherwise the Website or Content.

You must not circumvent, disable or otherwise interfere with security-related features of the Website or Content.  

All names, logos and trademarks are owned by us, the Private Label Licensor or the third parties who have contributed to the Website or the Content. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation by us or the relevant third parties.

Except for any liability that cannot be excluded by law, Danger Fit (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance. This includes but is not limited to any theft, unauthorised access or third-party interference.

This limitation of liability applies even if Danger Fit has been expressly advised of potential loss.

We do not warrant that the Website or its servers will operate free from any computer viruses or other harmful code.

If your use and/or access of the Website or the Content, or if receipt of any Content from the Website, results in the transmission of any computer virus, we will not be liable for any loss or damage suffered (including, but not limited to, consequential damages, loss of profits or damages) in connection with or resulting from such use and access.

It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Content are free from viruses and other harmful code before using and/or accessing the Website and any Content. 

To the extent permitted by law, the Website Terms of Use embodies the entire understanding and agreement between you and us with respect to the Website Terms of Use.

If any part of the Website Terms of Use is deemed to be illegal, void or unenforceable, that part of the agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.

The clauses above will survive the expiry of these Website Terms of Use. 

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website or provided to you in person. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. 

Please submit any complaints via email to jane@dangerfit.com.au. Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe. 

These Terms of Use are governed by the law in force in Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts for any proceeding in connection with these Terms and Conditions. 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to jane@dangerfit.com.au.

This document was last updated on September 12, 2022.