Competition Terms and Conditions
1. Interpretation and precedence
In this Agreement, the following definitions apply:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Applicant means a person who submits or intends to submit an Entry.
Challenge means the "Body Transformation for Mums" challenge.
Challenge Period means a 7 week period commencing on July 22nd - September 8th, 2019.
Deposit means $350 payable by the Participant to Healthy Habit Fitness for the Challenge.
Entry means each Form validly submitted by a Participant to participate in the Challenge.
Form means the form which an Applicant must complete and submit to apply to participate in the Challenge.
Healthy Habit Fitness means Healthy Habit Fitness Pty Ltd (ACN 618 764 686), being the promoter of the Challenge.
Minimum Commitments means:
a) at least 2, 1 hour group Training sessions per week for the Challenge Period;
b) at least 2, 45 minute walks per week for the Challenge Period; and
c) providing full body photos before and after the Challenge Period to Healthy Habit Fitness.
Orientation Program means the health and safety program provided by Healthy Habit Fitness, covering topics including:
a) the Participant's use of the any equipment;
b) an introduction to group fitness classes; and
c) other health and safety obligations of the Participant.
Participant means an Applicant who is selected by Healthy Habit Fitness to participate in the Challenge.
Representative means any person acting for or on behalf of a party and includes any director, officer, employee, agent, contractor or sub-contractor of the party.
Training means any workout, training or other fitness activity.
1. 2 Interpretation
In this Agreement:
a) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
b) words such as including or for example do not limit the meaning of the words preceding them;
c) no provision of this Agreement will be construed to the disadvantage of a party merely because that party was responsible for preparing this Agreement or including the provision in this Agreement;
d) all monetary amounts are expressed in Australian Dollars ($AUD); and
e) parties must perform their obligations on the dates and times fixed by reference to Sydney, New South Wales.
2. Eligibility to Enter
An Applicant must:
a) be at least 18 years of age at the commencement of the Challenge Period;
b) be a mother of a child between 8 weeks and 12 months old;
c) live in or near either Arthur Byrne Reserve, Maroubra OR Steel Park, Marrickville, New South Wales;
d) be willing and able to commit to the Minimum Commitments;
e) be willing and able to pay the Deposit; and
f) meet any other criteria stipulated on the Form.
3. Entry Requirements
a) Provided the Applicant is eligible to participate in the Challenge pursuant to clause 2, a person b) may enter the Challenge by submitting a completed Form on or before 15 April 2019.
b) The Applicant, by submitting a Form, agrees to these terms and conditions.
c) The Applicant must provide accurate and current information in the application form.
4. Selecting Participants
a) On or after July 12th, 2019, Healthy Habit Fitness will review all submitted application forms to confirm each Applicant's eligibility to participate in the Challenge.
b) Healthy Habit Fitness will, in it's sole and absolute discretion, select 10 Applicants per area to participate in the Challenge (Participants).
c) Healthy Habit Fitness will notify successful Participants by phone and email at least 7 days before the Challenge Period.
a) Within 2 days of being notified of a successful application under clause 4(c), the Participant must pay the Deposit to Healthy Habit Fitness.
b) The Deposit includes GST.
c) The Participant acknowledges that, if she does not pay the Deposit in accordance with clause 5(a), then the Participant will not be able to participate in the Challenge and the Participant's place in the Challenge will be offered to another Applicant.
d) If the Participant successfully completes the Minimum Commitments, then the Deposit will be refunded to the Participant in full within 7 days of the end of the Challenge Period.
e) If the Participant fails to meet the Minimum Commitments, then Healthy Habit Fitness will retain the Deposit.
6. Participant obligations
The Participant must:
a) fully participate in the Orientation Program;
b) comply with Healthy Habit Fitness' rules and health and safety requirements, as amended from time to time;
c) respect other Healthy Habit Fitness participants and Healthy Habit Fitness' Representatives, including not causing offence or injury to those people or causing damage to their property;
wear suitable fitness clothing when Training;
d) cease Training in the event of injury; and
e) notify Healthy Habit Fitness in writing if the Participant believes that there is a risk to the Participant's health by participating in a Service.
7. Photography and media
The Participant consents to:
a) being photographed or video recorded by Healthy Habit Fitness or its Representatives; and
b) all photographs and videos, taken or recorded pursuant to clause 7(a), being used in Healthy Habit Fitness' marketing and promotional activities.
8. Marketing Communications
Applicants and Participants agree to receive marketing communications from Healthy Habit Fitness from time to time.
9. Personal Data
a) Healthy Habit Fitness will collect data relating to Applicants and Participants entered into the Form.
10. Australian Consumer Law
a) The Participant retains all rights under the Australian Consumer Law.
b) Healthy Habit Fitness will not provide a refund if the Participant requests a refund due to a change of mind.
c) Healthy Habit Fitness does not limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
The Participant acknowledges that it has received, read and understood Healthy Habit Fitness standard waiver and agrees to be bound by it.
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