Terms & Conditions
Privacy Policy
We respect your concerns about privacy. This policy is intended to ensure your information is handled in a safe and responsible manner. As we continue to evolve our website and incorporate new technologies to improve communication, our policies may change. We encourage you to refer to this policy on an ongoing basis to stay abreast of our most current Privacy Policy practices.
What Information do we collect?
Currently, BodyByBerner.com and Momence gathers information (such as name, e-mail address and postcode) strictly for contact purposes when users opt to fill out an email submission form to inquire about our company and about membership. In some cases we ask for other optional information including additional contact information and certain demographic information (such as phone number and gender).
How do we use information?
We may use your information to communicate special offers, promotions and information about our company to you via email. If you do not wish to receive these emails you will have the option to opt out of future mailings (see the section below). We may also use your information to compile usage statistics and other data regarding the use of the website services. We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraph immediately below. We may, however, share with partners aggregated statistical data that includes users’ demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
How do we use your email and text information?
We collect email information to provide a more personalised and relevant experience. If you give us your email or SMS address on the home page, when you inquire about membership or sign up, we will send you emails, texts or other SMS messages about exclusive offers, news at Body By Berner and new club openings. If you have previously opted out of receiving emails, texts or other SMS messages from us, providing updated information will act as an ‘opt back-in’.
If you want to opt-out of receiving promotional emails or texts, simply click on the unsubscribe link located on the bottom of all of our emails or reply STOP to our SMS messages. Although we strive to update our email and SMS list as frequently as possible, you might receive another contact before we are able to remove you. Please note that you will continue to receive Member Services related communications as it pertains to your member account. Body By Berner may use any of your contact information held on file (including Email, Mailing, SMS & Text, Phone & Fax) to communicate with you in relation to day-to-day administrative activities, such as freeze requests, online purchases and important service alerts. Body By Berner never sells or rents your name, e-mail address, or any other personally identifiable information to third-parties unless you are notified.
We only share user information in the ways described below:
Agents: We employ other companies and individuals to perform functions on our behalf. Examples include creating and maintaining our Website, sending postal mail, text or other SMS messages, and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Protection of Body By Berner: We release accounts and other personal information when we believe release is necessary to comply with law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Body By Berner, our users, or others. This includes exchanging information with other companies and organisations for fraud protection.
Do we use cookies?
We use cookies to enhance your experience on our website. For example, a cookie enables us to remember the region or specific club page you have visited, so the next time you return to our site, you do not have to select that club or region again.
You can set your Internet browser (like Internet Explorer or Netscape) to warn you every time a cookie is sent or to turn off all cookies. See your browser’s Help menu for these instructions. By disabling your cookies you will not have access to some of the features that enhance your user experience on our site.
Does this privacy policy apply to external links found on this website?
While this site may contain links to other sites, please note that when you click on one of these links, you are ‘clicking’ away from Body By Berner to another website. We encourage you to read the privacy statements of these linked sites, as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such websites.
Individual’s Right of Access
Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Body by Berner database. Information may be reviewed, amended, or deleted by completing the access request form on request via email to studio@bodybyberner.com.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons.
Storage And Security Of Personal And/Or Sensitive Information
Body By Berner takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. We destroy or de-identify personal information we no longer require.
PHOTOGRAPHY & SOCIAL MEDIA
Photography and video recording may occur within the studio for marketing, promotional, and social media purposes. By attending classes or events at Body by Berner, you acknowledge that you may be captured in such content.
If you do not wish to be photographed or filmed, it is your responsibility to inform your instructor or a team member prior to the start of class, and we will make reasonable efforts to accommodate your request.
Problems, Queries or Complaints
For further information regarding this Privacy Policy or to make a complaint about the steps taken by Body By Berner to protect your personal information or privacy, please contact studio@bodybyberner.com. We will investigate any complaints received in writing and do our best to resolve them as soon as possible.
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218, Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form). Body by Berner reserves the right to review, amend, update, and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.
Health & Safety
In consideration of being allowed to participate in the activities and programmes of Body By Berner and to use the facilities and equipment owned and/or under the control of Body By Berner, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge Body By Berner from any and all responsibility or liability for injuries or damages resulting from my participation in any activities or my use of equipment or facilities in the above-mentioned activities.
I understand and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, in and outdoors, are potentially hazardous activities. I also understand that exercise and fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all and any risks of injury or death.
I am aware that I have the right to request advice from any of the Body By Berner staff, at any time, in relation to the activities and exercise being undertaken and, but not exclusively, their suitability for me, with particular regard to my health and clothing. If I choose not to take advice, or to disregard any advice so given, I do so voluntarily and accept liability for all resulting injuries or damage.
I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease or infirmity, or other illness that would prevent my participation or use of equipment or facilities except as herein stated. I confirm that I have made the Body By Berner staff aware of physical or mental reasons that I should not participate in exercise activities.
I acknowledge that I have either had a physical examination and have been given my doctor’s permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my doctor and do hereby assume all responsibility for my participation and activities, and utilisation of equipment and machinery in my activities.
Participation for prenatal clients is solely at your own risk. If you are past your first trimester, have had no complications and have been advised by your doctor that you are capable and healthy, you are permitted to attend classes that are prenatal-friendly classes. If there is any concern, discomfort, or uncertainty it is recommended not to participate.
Please follow the following guidelines when attending sessions at Body By Berner:
Wear appropriate clothing for exercising indoors
Bring any medication you may need
Bring adequate water (1 litre is recommended)
Tell the instructor if you have any injury, ill health, or may be pregnant
Ensure emergency contact details are up to date
Listen to exercise instructions
Ensure that you are in good health and do not suffer from any condition or physical impairment which could prevent you from completing the sessions safely
Notify Body By Berner staff prior to commencing any session of any condition or impairment, which could prevent your safe participation in the exercise programme