THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES OF THE FOOT COLLECTIVE PTY LTD’S PRODUCTS OR SERVICES. PLEASE REVIEW THESE TERMS CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, DISCLAIMERS OF LIABILITY, AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THE PRODUCT OR SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT AND/OR DELETE AND DESTROY ANY DOWNLOADED VIDEO, SUBJECT TO OUR RETURN POLICY.
Defined Terms: “TFC” means THE FOOT COLLECTIVE PTY LTD, and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees. “Products” means all equipment, gear, videos or related goods sold on this website or otherwise available by TFC.
High Risk Activity: Products sold by TFC include videos, equipment and gear used in balance training, pilates, yoga, fitness, and athletic activity and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. Injuries of all types can occur when participating in exercise and physical fitness programs and TFC strongly encourages and you agree to consult with your physician before participating in any of these activities or using the Products. Please follow all instructions and use the Products only as directed.
Assumption of the Risk: By buying, using, participating in the use of TFC’s Products, you understand and agree that balance training, pilates, yoga, fitness, and athletic activity are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT OF TFC including but not limited to equipment malfunction from whatever cause, or any other fault of TFC. Additionally, you agree to indemnify, defend, release and hold TFC harmless from any third party claims arising from such high risk activities or use of any other TFC Product.
Warning: Use and misuse of TFC Products, sold through TFC’s website or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. TFC cannot and will not be responsible for the misuse or unauthorized and improper use of TFC Products. TFC’s Products are intended for use only in connection with the corresponding TFC videos. Anyone under the age of 18, may use the product only under full supervision and care of their parent or guardian who purchased the product.
Inspect Before Each Use: This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to TFC for a replacement.
Applicable Law and Resolution of Disputes: Your order from TFC shall be interpreted and construed in accordance with laws of the Australian Government without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Queensland, Australia and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of TFC products or any other claim related to the use of products must be commenced within one (1) year after the claim or cause of action arises. TFC’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.