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FS8 WEBSITE TERMS AND CONDITIONS OF USE

FS8 Pty Ltd (ACN 646 184 125) is the owner and operator this website. By doing any of the following acts you agree to be bound by these terms and conditions:

• expressly accepting these terms and conditions at any time, for example by clicking “I Accept” or “Proceed” or any clearly indicated activation phrase on your computer or other device;
• downloading any of our digital applications (App) or any upgrade to an App offered from time to time; or
• using the website.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website and any Apps, including our Privacy Policy.

These terms and conditions govern the use of all aspects of this website and all Apps so it is important that you read these terms and conditions carefully.

1. Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to FS8 Pty Ltd (ACN 646 184 125) and its affiliates.

2. Variation of terms and conditions

We may amend, modify or otherwise update these terms at any time and we must use our reasonable efforts to notify you of those changes. We may give such notice by posting updated terms on the website and using our reasonable efforts to draw them to your attention. Your continued use of the website and/or any App constitutes an agreement by you that you accept these terms and any subsequent modification of these terms.

 3. Your rights under law

Your use of the website and the Apps will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated. Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

4. Linked websites

1. This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
2. We are not responsible for the content or privacy practices associated with linked websites.
3. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we explicitly specify otherwise.

5. Information and feature available on the website

1. 1. All tools, features and information provided by us are provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website.
   2. The website does not purport to provide you with financial product or investment advice of any kind. The information available on the website does not take account of your particular financial or insurance requirements or circumstances. We recommend that you seek independent advice prior to acting on any information available via the website.

6. Disclaimer

1. 1. Subject to clauses 6.2 and 7, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.
   2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
   3. if the breach relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
   4. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

7. Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner.

8. Specific warnings

1. 1. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
   2. We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

9. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

1. 1.     adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
   2.     commercialise any information, products or services obtained from any part of this website;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

10. Trade marks

1. 1. Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
   2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
   3. in or as the whole or part of your own trade marks;
   4. in connection with activities, products or services which are not ours;
   5. in a manner which may be confusing, misleading or deceptive;
   6. in a manner that disparages us or our information, products or services (including this website);
   7. 10.3. You must seek permission to use third party trade marks directly from the owner(s) of those trade marks.

11. Restricted use

1. 1. Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bona fide personal use.
   2. You agree that you will not (either yourself or via a third party):
   3. use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;
   4. use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
   5. use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
   6. use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
   7. take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;
   8. reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or
   9. copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.

12. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13. Indemnity

You must indemnify us, our employees, agents and contractors against any claim by a third party arising out of:

1. 1.     your breach of these terms and conditions;
   2.    your use of the links to third party websites or material on those websites; or
   3.     your use of the material on our website or obtained via our Apps.

14. Termination of access

Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination.

15. Governing law

1. 1. These terms and conditions are governed by the laws in force in New South Wales Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
   2. You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
   3. This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

16. General

1. 1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
   2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
   3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

17. Consent to Post User Content

• User Content Generally.We may ask you for your consent to post your content, including pictures and comments (“User Content“), for publication on our social platforms.  If you consent to us posting User Content by responding to our request, these terms will apply to you.  If you do consent to our request, you would still retain any copyright and other proprietary rights that you may hold in the User Content.
• Limited License Grant to F45.When you consent to allow us to post User Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
• User Content Representations and Warranties.We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content. When you consent to us posting User Content, you affirm, represent, and warrant that:
  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users to use and distribute your User Content as necessary to exercise the licenses granted by you; and
  2. your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation.
• User Content Disclaimer. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities.
• Digital Millennium Copyright Act
  DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted by us, you may contact our Designated Agent at the following address:F45 Training IncorporatedATTN: Legal Department (Copyright Notification)3601 South Congress Ave, Building R, Austin, Texas 78704Email: [email protected] (Subject: Copyright Notification)

  Any notice alleging that materials hosted by or distributed by us that infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

 

 

12 DAYS OF FS8 GIVEAWAY

OFFICIAL RULES

 

1. NO PURCHASE NECESSARY TO ENTER OR WIN.

2. HOW TO ENTER: Beginning on Wednesday, December 11, 2024 at 12:01AM PST through Sunday, December 22, 2024 at 11:59PM PST.

There are two ways to participate in the giveaway:

Option 1: Complete the required actions listed in the table in Section 5 below.

Option 2: Submit a 12 Days of FS8 entry form. You may submit one new form per day to qualify for a daily entry.

You may enter only once per calendar day (by completing the above), however, no more than one entry per day per person in the same household is permitted. 

By tagging FS8 in your content, entrants consent to Administrator’s use and display of the photo across Administrator’s web and social media pages, and otherwise, as permitted under these Official Rules; provided that Administrator is under no obligation to display any entrants’ photos. 

You may submit one entry per day. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. 

3. ELIGIBILITY: Open to residents of the 50 United States and D.C., Australia, Europe, New Zealand, Asia and Canada, and who are 18 years of age and older as of Sunday, June 4, 2023, except for employees of FS8 Incorporated (the “Administrator“) and their affiliates, subsidiaries, and agencies (collectively “Promotion Parties“), and members of their immediate family or persons living in the same household. Void where prohibited.

4. DRAWING/SELECTION OF WINNERS: A random drawing will be held each day to determine the winner(s) for the previous day’s prize. For instance, on December 12, the Administrator will select and announce the winner(s) from all eligible entries submitted on December 11, through Instagram stories.

5. The number of winners will vary each day. See table below for the number of daily willers. The winners will be selected at random. Potential winner[s] will be notified via DM on Instagram. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this Giveaway, Entrant accepts and agrees to these Official Rules and the decisions of the Administrator, which shall be final in all matters.  Acceptance of a prize also constitutes permission to the Promotion Parties to use the winner’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

 

DATE	DAY	PRIZE	# OF GLOBAL WINNERS	ACTION NEEDED
12/12	Day 1	FS8 merch giveaway	5 winners	Snap a pic of yourself in studio. Tag FS8 + studio page for your chance to win
12/13	Day 2	5 class pack	3 winners	Vote on your fave FS8 class in stories for your chance to win
12/14	Day 3	Calm Annual Subscription	3 winners	Share your post-workout glow and tag us for a chance to win
12/15	Day 4	$100 Spa Gift card	2 winners	Tell us how you relax and recover after an FS8 class
12/16	Day 5	FS8 merch giveaway	5 winners	Flow in style. show us your fave FS8 gear
12/17	Day 6	Bala Bangles	3 winners	Suggest a catchy name for a new class, and we might just create it!
12/18	Day 7	1 free month of prepared meals	1 winner	Show us your workout bag essentials
12/19	Day 8	$100 Alo gift card	3 winners	Share a pic of you and your workout buddy for a chance to win
12/20	Day 9	Spotify Premium Duo membership 1 year	10 winners	Daily poll
12/21	Day 10	Hyperice Massage gun Hypervolt Gun 2	2 winners	Share a pic or video of your favorite way to recover after a workout and tag FS8
12/22	Day 11	Private group session with friends and family for up to 10 friends	1 winner	Tag 3 people you’d love to take a private FS8 class with in the comments
12/23	Day 12	Grand prize 20 class pack	1 winner	Show us your holiday spirit. Work out in your best holiday themed outfit (santa hat, ugly sweater, antlers) and tag FS8 in the video or pic

6. PRIZE[S]: The prize varies each day. See table above for details of each prize. Limit one prize per winner. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. 

7. LIMITATION OF LIABILITY: By entering this Giveaway, Entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this Giveaway or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an Entrant’s failure to receive prize notices due to Entrant’s spam, junk e-mail, or other security settings or for Entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Giveaway; by any human error which may occur in the processing of the entries in this Giveaway; or any typographical, technological, or other error in the publishing of the offer, administration of the Giveaway, or announcement of the prize[s]. If, in the Administrator’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Giveaway, or if technical difficulties (including viruses and bugs) compromise the integrity of the Giveaway, Administrator reserves the right to cancel or modify this Giveaway in a manner it deems appropriate. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning Entrant, entries will be declared made by the name on the online entry form. 

8. PUBLICITY RELEASE; COPYRIGHT LICENSE. Except where prohibited, participation in the Giveaway constitutes each winner’s consent to Administrator’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state in perpetuity for promotional purposes in any media, worldwide, without further payment or consideration to winner and without winner’s approval of any advertising or marketing materials. By following the steps of entry, each Entrant grants to Administrator and its designees and agents a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license to use entrant’s photo submission (including all rights embodied therein), and to reproduce, exploit, edit, modify, adapt, post, display, create derivative work of and distribute entrant’s photo, including, without limitation, the names and likenesses of any persons or locations embodied therein, worldwide, in perpetuity for promotional purposes in any media, including, without limitation, online and social media platforms, all without any notice, payment or consideration to entrant and without entrant’s approval of any advertising or marketing materials. Entrants understand and agree that the Administrator has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees, many of which may be competitive with, similar or identical to the entrant’s photo in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of the Administrator’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Administrator does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entrant’s photo.

9. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this Giveaway and these Official Rules are governed by, and construed in accordance with, the laws of Texas, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Giveaway and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Austin, Texas.

10. PRIVACY:  Information submitted with an entry is subject to the Privacy Policy stated on https://f45challenge.com/privacy/. To read the Privacy Policy, click here. 

11. WINNERS LIST: For the names of all prize winners/name of the prize winner, available after Monday, January 6, 2025, send a self-addressed, stamped #10 envelope to: 12 Days of FS8, ℅ FS8, 3601 South Congress Ave, Building E, Austin, TX 78704. 

12. SPONSOR: FS8, https://fs8.com/, 3601 South Congress Ave, Building E, Austin, TX 78704, United States.