TERMS & CONDITIONS

Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and TH7 Body Labs Pty Ltd, a Proprietary Limited Company operating out of the State of Queensland, Australia (“TH7 BodyLabs”). TH7 BodyLabs may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions. Copyright. All materials created by TH7 BodyLabs on the Site are protected by Australian copyright laws as original works (including the Copyright Act 1968). The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to TH7 BodyLabs.

• Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of TH7 BodyLabs and TH7 BodyLabs is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. TH7 BodyLabs accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with TH7 BodyLabs on various platforms, help TH7 BodyLabs offer the easiest services for you and conduct transactions.
• Use License. If TH7 BodyLabs has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  1. 1. modify or copy the materials;
     2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
     3. transfer the materials to another person or “mirror” the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated by TH7 BodyLabs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
• Bookings, Refunds, Rescheduling and Cancellations. At TH7 BodyLabs, we understand that unforeseen circumstances may occasionally disrupt your plans, making it impossible for you to keep your scheduled appointment. To ensure the smooth operation of our services and respect for everyone’s time, we have established the following guidelines:
  1. Bookings:
     1. All bookings will need to be paid for within 24hrs of their request otherwise they may be cancelled.
  2. Refunds:
     1. All refunds will be credited
  3. Rescheduling:
     1. We kindly request that you provide us with at least 12 hours’ notice before your scheduled appointment time if you need to reschedule. This advance notice allows us to accommodate your request effectively.
     2. Should you notify us within the 12-hour window, a rescheduling fee equivalent to 50% of the appointment fee will be applied.
  4. Cancellations:
     1. Any cancellations made within 24 hours of the scheduled time will be subject to a fee, which may amount to the full cost of the cancelled appointment.
     2. Your appointment time is specially reserved for you, and late cancellations create gaps in our schedule that could have been filled by others.
     3. Please note that we can no longer offer exceptions for cancellations due to illness.
• Gift Cards & Packages. All gift cards are valid for 3 years from purchase date and can be used within any TH7 clinic. All packages are valid for 6 months after purchase date with short term offers being valid for 1 month after purchase date. Gift cards are not replaceable however if you contact any TH7 clinic they will be able to help you locate your gift card/package code. Once a package is associated with a clients account it may not be transferred to another clients account.
• We appreciate your understanding and cooperation with these policies. These guidelines are in place to ensure the availability of our services to all our valued clients.
• Conditions of Entry. The right of entry is reserved to the discression of TH7 BodyLabs. By attending any TH7 BodyLabs clinic, you agree to the clinic’s conditions of entry as per below:
  1. You are over the age of 18 and signed the TH7 BodyLabs Waiver or;
  2. You are between the ages of 16-18 and are supervised by your legal guardian who has signed the TH7 BodyLabs Waiver on your behalf or;
  3. You are under the age of 16 and acknowledge that you can only use the Hyperbaric Oxygen Therapy or Compression Therapy supervised by your legal guardian who has signed the TH7 BodyLabs Waiver on your behalf.
  4. TH7 BodyLabs reserves the right to verify the age of any individual entering any Th7 BodyLabs clinic. By entering any clinic, you agree to cooperate with any age verification process as we may deem necessary.
• Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of TH7 BodyLabs.  The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
• No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
• Site Terms of Use Modifications. TH7 BodyLabs may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after TH7 BodyLabs modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
• Limitation of Liability. In no event shall TH7 BodyLabs or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if TH7 BodyLabs has been notified orally or in writing of the possibility of such damage.
• Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to TH7 BodyLabs’s Site to the exclusive jurisdiction of the courts of the State of Queensland, Australia without regard to its conflict of law provisions.
• Indemnity. As a condition of your use of this Site, you indemnify TH7 BodyLabs and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
• Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of TH7 BodyLabs linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and TH7 BodyLabs relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by TH7 BodyLabs. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by TH7 BodyLabs to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.

TH7 BodyLabs understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for TH7 BodyLabs Pty Ltd and its subsidiaries and affiliates (collectively, “TH7 BodyLabs”) with respect to how TH7 BodyLabs collects your personal information. It also describes how TH7 BodyLabs maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by TH7 BodyLabs via the Site. This Privacy Policy also sets out how you can access certain information that TH7 BodyLabs may collect about you.  

In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).

TH7 BodyLabs is committed to managing your Personal Information openly, transparently and to keep your Personal Information safe, and in accordance with the Privacy Act 1988 (Cth), including:

• to comply with the Australian Privacy Principles (APPs);
• to ensure that we manage your Personal Information openly and transparently;
• only collect Personal Information from you that we need in order to fulfill your request and offer you the best possible service and experience;
• to tell you how we might use you Personal Information;
• to let you know if we need to disclose your Personal Information to anyone else (including anyone outside of Australia) and if so, in what circumstances this might occur;
• to keep your Personal Information secure;
• to respond promptly and appropriately to any incident where your Personal Information may be compromised, including where your Personal Information is lost, or subject to unauthorized access, modification, use or disclosure or other misuse;
• to promptly respond to any request by you not to receive direct marketing materials from us; and,
• to ensure that, where appropriate, you can access and correct your Personal Information. 

Please note that the Site may contain links to other third-party websites that are not controlled or operated by TH7 BodyLabs. All of these third parties are listed in section 4.4 of this Agreement. This Privacy Policy does not apply to such third-party websites, and TH7 BodyLabs is not responsible for the content of such third-party websites or the privacy practices of such third parties. TH7 BodyLabs encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.

1. Consent of Collection of Information. By submitting Personal Information to TH7 BodyLabs and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting TH7 BodyLabs at hello@th7bodylabs.com. You understand that if you withdraw your consent, TH7 BodyLabs may not be able to continue to offer its services and provide its information to you.
2. Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Site. TH7 BodyLabs does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If TH7 BodyLabs learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe TH7 BodyLabs might have any information from or about a child under 18, please contact us at hello@th7bodylabs.com.
3. Revisions to this Privacy Policy. TH7 BodyLabs  reserves the right, in TH7 BodyLabs’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. TH7 BodyLabs will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. TH7 BodyLabs will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
4. What Personal Information does TH7 BodyLabs collect and how is it processed?
   1. What do we collect? TH7 BodyLabs may directly collect your name, address, phone number and email address. There may be other information you provide but that will not be collected by TH7 BodyLabs and instead will be collected by the third parties TH7 BodyLabs works with as outlined in 4.4.
   2. Email. We may send you a newsletter or other promotional materials through email. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional and you will always be able to unsubscribe.
   3. Phone Number. We may collect your phone number and we may contact you via phone to contact you or if we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
   4. Third Parties. TH7 BodyLabs may work with third party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties TH7 BodyLabs may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
      1. Stripe: https://stripe.com/privacy-center/legal
      2. Facebook: https://www.facebook.com/full_data_use_policy
      3. Instagram: https://help.instagram.com/402411646841720,
      4. Google Drive: https://www.google.com/drive/terms-of-service/,
      5. Paypal: https://www.paypal.com/va/webapps/mpp/ua/privacy-full
      6. YouTube: https://www.youtube.com/static?template=terms
      7. Squareup https://squareup.com/au/en/legal/general/privacy
   5. How will TH7 BodyLabs use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:
      1. Your credit card information will not be kept by TH7 BodyLabs but instead by one of the third parties listed in section 4.4 above;
      2. Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third party websites in section 4.4 above;
      3. Your phone number may be used to contact you via phone if there is information we would like to share which we feel would benefit you;
      4. If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;
      5. If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
      6. We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.
      7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
      8. We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
   6. Storing Your Personal Information. TH7 BodyLabs’s web service may store your Personal Information when you interact with the Site. TH7 BodyLabs will be happy to delete any of your Personal Information that it holds upon a written request made by you. Your Personal Information will be safely disposed of by TH7 BodyLabs.
   7. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of TH7 BodyLabs and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
   8. We Play by The Rules. The Site and TH7 BodyLabs abide by all relevant Australian federal and State privacy laws in all aspects of our operations. This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our legal compliance, feel free to reach out to hello@th7bodylabs.com.
   9. Do Not Track Signals. TH7 BodyLabs currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
   10. Analytics.  The Site keeps the following information from your visits to our webpage:
       1. Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and
       2. IP information for website and server security.
   11. Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
       1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
       2. Cookies have an important function in how you interact while visiting the Site, ensuring the usability of the Site’s different features, helping the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course it is your choice to do so.
   12. Disclosure of Personal Information. TH7 BodyLabs will NEVER sell or license any Personal Information we collect from you. TH7 BodyLabs is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by TH7 BodyLabs, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that TH7 BodyLabs changes its practices, you will be notified and you will be able to opt-out of TH7 BodyLabs using your Personal Information by contacting us at hello@th7bodylabs.com.
   13. Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws of Australia and the State of Queensland, Australia. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Queensland, Australia. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the Queensland, Australia.
   14. Your Consent. By choosing to provide TH7 BodyLabs with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
   15. Protecting Your Privacy. TH7 BodyLabs is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. TH7 BodyLabs makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of them.
   16. Verifying your Identity. TH7 BodyLabs will ask you to verify your identity when you contact us  or submit a request regarding your Personal Information. TH7 BodyLabs will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about. 
   17. The Internet Can Be Dodgy. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to TH7 BodyLabs over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of TH7 BodyLabs’s control.
   18. Verifying and Amending Your Personal Information. TH7 BodyLabs tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at hello@th7bodylabs.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by TH7 BodyLabs at any time or seek to make corrections to it.
   19. Resolving your concerns. If you have any questions or concerns about TH7 BodyLabs’s Personal Information collection, use and disclosure practices, please let us know at hello@th7bodylabs.com and we will do our best to help you.

This Disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use this Site and any of TH7’s social media profiles, and how you access our content and services, either as a paying customer or simply a website visitor.

1. Qualifications. TH7 BodyLabs and its operators may hold the following qualifications and professional certifications related to TH7 BodyLabs: Bachelor exercise and nutrition. TH7 makes no representations to hold any other qualifications or representations outside of this.
2. Not Professional Advice. Nothing shared on this Site by TH7 is professional advice. This is simply a compilation of content and services that TH7 is providing. TH7 and its services are not a substitute for professional advice or diagnosis. Please seek professional advice before engaging with our services and clearly understand that TH7 services are not a substitute for professional advice.
3. Video Disclaimer. In engaging with the content and videos shared on TH7 Site and other platforms, including Youtube, you hereby release TH7 from any liability related to any injuries or issues which may arise from engaging with, participating in, or viewing this content. YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS WHEN ACCESSING THIS CONTENT. This content is posted for educational and informational purposes only and is not tailored to you specifically in any way. Please note that this content is simply TH7 interpretation and approach, and that TH7 makes no representations about its efficacy and does not promise or guarantee any specific results. Please feel free to connect with TH7 to ask us any questions. All communications should be directed to marketing@th7bodylabs.com.
4. Social Media. This Disclaimer applies to TH7 BodyLabs’s Site, content, services, and all social media. Specifically:
   1. Instagram: @th7.au
   2. Facebook: @th7au
   3. LinkedIn: TH7
   4. Tiktok: TH7
5. No Guarantees. You understand that TH7 makes no guarantees whatsoever regarding any results based on any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.
6. Intention. The intention of the information we share and post on the Site is for informational and promotional purposes only.
7. Not a Client. By accessing and using the Site, there is no client-professional relationship created between you and TH7. You will only be a client once we enter into an agreement regarding the services or when you sign a contract that we send to you, thereby officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
8. Mistakes. We are committed to doing our best. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services. That being said, please understand that we are human and can make mistakes, and there is a chance (albeit very small) that information on the Site may be inaccurate. If this happens, we will rectify it as soon as it comes to our attention! We will never intentionally mislead you and we are committed to providing you with the best content and services. If you have any issues with this, you are always welcome to stop using the Site.
9. No Warranties. TH7 makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by the State of Queensland, Australia laws, TH7 disclaims all warranties regarding all information, products and services offered on or through the Site.
10. Reach Out. Please feel free to connect with TH7 to ask us any questions. All communications should be directed to hello@th7bodylabs.com.

In exchange for membership access to TH7 Body Labs’s clinic, you agree to be bound by the following conditions.

1. Parties. This Agreement is made between TH7 Body Labs Pty Ltd, a proprietary limited company operating out of the province of Queensland (“TH7 Body Labs”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
2. Services. We promise to provide you with access to our clinic and the full use of our facilities, as well as access to our regularly scheduled classes at TH7 Body Labs (the “Membership”) according to the terms outlined in Schedule “A” Memberships below.
3. Term. This Agreement will be binding upon your Membership payment and will last for the time specified in Schedule “A” Memberships below or as specified online or as agreed upon between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
4. Membership Cancellation. To cancel your Membership, please inform TH7 Body Labs 28 days prior to the desired termination date by sending us an email to members@th7bodylabs.com with your full name, membership type, and reason for cancellation. If a cancellation request is due to injury, relocation or other circumstances, TH7 Body Labs reserves the right to request supporting documentary. 
5. Membership Freeze. To place your membership on Freeze, you can email us at members@th7bodylabs.com and request the freeze to be processed, you must provide a start and end date for the freeze time.  We don’t offer unlimited or open ended freezes
   
   1. Members can freeze their membership for a maximum duration of 2 weeks during the initial 12 week term.
6. No Show Fee. Members will be charged a $15 late cancellation fee of the booked protocol/equipment in which will apply only to those who do not remove themselves from their booking within the specified notice period.
   
   1. All members will be given a first time warning.
7. Our Commitment to You. Through your Membership, TH7 Body Labs is committed to providing you with the best science driven recovery techniques tailored for those who are looking to reduce soreness, increase mental clarity, enhance sleep and improve overall quality of life.
8. Scheduling. Please consult TH7 Body Labs or refer to our available schedule of classes for the exact scheduling and time of our classes. All bookings must be made online to ensure your spot is available to you. 
9. Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in AUD.
   
   1. The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
   2. Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.
   3. For all memberships, you must make payment to TH7 BodyLabs, the agreed amount as per your membership agreement in advance by way of direct debit.
10. Incremental Payments. If your method of Payment includes Incremental Payments, you authorise TH7 Body Labs to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.
    
    1. TH7 Body Labs will charge your method of payment as outlined in Schedule “A” for the Incremental Payment. We will not notify you before the Payment charge.
11. Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.
12. Legal Fees. You will be responsible for any and all legal fees incurred by TH7 Body Labs regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
13. Payment Failure. In the event that your payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that TH7 Body Labs may contract a collection agency to collect the money from you.
14. No Guarantees. TH7 Body Labs cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, services and protocols support to achieve your goals, but any success and results ultimately depends on your commitment.
15. Code of Conduct. You agree to be mindful and respectful during the services and duration of your Membership. This includes respecting other members of TH7 Body Labs in their fitness journey and taking care when using the facilities. You also agree to comply with our clinic protocol, policies and guidelines, as updated from time to time on our website or posted on-site.
16. Clinic Closure. If our clinic and facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership freezes until the clinic can reopen.
17. Force Majeure. TH7 Body Labs will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of TH7 Body Labs, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
18. Substitute Services. TH7 Body Labs has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
19. Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
20. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our facilities. You further agree to follow the relevant guidelines and comply with our policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.
21. Media Release. We think you’re incredible and would love to show you off! By being a member at our clinic and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our clinic or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
22. Indemnity. You hereby fully indemnify TH7 Body Labs Pty Ltd and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of TH7 Body Labs’s negligence, provided that where TH7 Body Labs has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
23. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of Queensland. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Queensland. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by TH7 Body Labs of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Use of the Equipment and/or participation in the Protocols offered by TH7 involves substantial risks to participants. These risks include personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity.

By signing this form and using the Equipment and/or participating in the Protocols you indicate that you understand the risks of participation and voluntarily accept these risks. You further release TH7 from all liability associated with your participation.

If you have any of the following medical conditions you must not use the Equipment of participate in any of the Protocols. Medical Conditions that prevent you from participating include (without limitation):

1. Heart conditions or cardiovascular disease (angina, heart attack, aortic stenosis);
2. Unstable blood pressure;
3. Epilepsy;
4. Infectious disease; and
5. Pregnancy

This is a legal document and if you are unsure of its purpose of consequences or do not understand it you should seek independent legal advice or assistance before signing it.

In consideration for TH7 allowing me use the Equipment and/or participate in the Protocols, I the undersigned acknowledge and agree that:

A.    EQUIPMENT AND PROTOCOLS

1.     You may only use the Equipment and/or participate in the Protocols in accordance with this agreement.

2.     You acknowledge and agree that the use of the Equipment and/or participation in the Protocols will include exposure to extreme and suddenly changing conditions, environments, equipment, facilities and surroundings. This may include (without limitation) cold temperatures, hot temperatures, confined spaces, wet areas and pools, infrared waves, changes in oxygen levels, the application of pressure to your body and/or restrictions on your normal movement.

3.     You have read and understand the Risk Warning above and are aware of the dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols. These risks include any manner of personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity.

4.     You acknowledge that the use of the Equipment and/or participation in the Protocols is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant degree of risk of physical and mental harm as well as the materialisation of obvious risks.

5.     You acknowledge that the use of the Equipment and/or participation in the Protocols may be undertaken with one or more other persons as part of a group and that TH7 is not liable for the actions of any other participants or third parties.

6.     You are freely and voluntarily assuming any and all dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols and further acknowledge that you agree to do so entirely at your own risk.

B.    PARTICIPANTS HEALTH, FITNESS AND PHYSICAL ABILITIES

7.     You are solely responsible for and must ensure that you have an appropriate level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols. TH7 has not made, nor will make any assessment of your level of health, fitness or personal abilities to use any Equipment and/or participate in any Protocols.

8.     You must consult with a suitably qualified medical professional regarding your level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols before using any Equipment and/or participating in any Protocols.

9.     You confirm that you have no medical conditions, impairments (physical, mental or otherwise), pregnancies or other conditions whatsoever that may affect the safety of yourself or others using any Equipment and/or participating in any Protocols.

10.  You confirm that you do not have any of the conditions specified in [#insert link].

11.  In the event that you are in difficulty during your use of the Equipment,  participation in the Protocols or otherwise whilst at a Clinic, you must immediately stop using the Equipment and/or participating in the Protocols and seek help, assistance and advice.

C.    COMPLIANCE WITH DIRECTIONS AND RULES

12.  You acknowledge and agree that you must comply with all lawful and reasonable directions of TH7 whether oral or written (including, without limitation, any directions and rules identified on signs).

D.    LIABILITY

13.  To the maximum extent permitted by law, you

a.     waive all liability and hold TH7 harmless for any loss (including financial loss), damage, personal injury (including physical and mental injury or incapacity), death or property damaged; and

b.     release and indemnify TH7 from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands and actions,

arising from or in connection with your use of any Equipment, Participation in any Protocols and/or attendance at any Clinic to the extent that it was directly or indirectly caused by your failure to strictly comply with Part B (Participants Health, Fitness and Physical Abilities) and/or Part C (Compliance with Directions and Rules) or to the extent that you were aware or ought to have been aware of the relevant risk having regard to Part A (Equipment and Protocols).

14.  You understand by signing this agreement you will be forever precluded from suing or otherwise claiming against TH7 for any loss, damage, personal injury (including physical and mental injury or incapacity), death or property damage that you may sustain through your use of any Equipment, participation in any Protocols and/or attendance any at Clinic.

E.     GENERAL

15.  In entering into this agreement, you are not relying upon any oral or written representations or statements made by TH7 about the risks associated with the use of the Equipment and/or participation in the Protocols other than what is outlined in this agreement.

16.  If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement will not be affected, and it will in other respects continue to be effective and enforceable. If such invalidity or unenforceability is subsequently released or changed so it is no longer in conflict with the law, the provision will return to full force and effect.

17.  This agreement will be for the benefit of and be binding on you and TH7 and their respective successors and permitted assigns.

18.  In this agreement:

Clinic means any clinic operated by TH7 that provides the Equipment or the Protocols.

Equipment means any equipment owned, operated or utilised by TH7, which may include (without limitation) traditional saunas, steam rooms, infrared saunas, cold pools, hot pools, compression boots, cryogenic chambers, hyperbaric oxygen chambers, theraguns, float tanks or other equipment;

Protocols means any protocol offered by TH7 that may utilise any Equipment;

TH7 means TH7 Body Labs Pty Ltd and any “associated entity” or “related entity” of TH7 Body Labs Pty Ltd as those terms are understood under Sections 9 and 50AAA of the Corporations Acts 2001 (Cth).