Terms & Conditions
Terms and Conditions of Membership and Website Use
Last updated: 29 June 2026
1. Introduction and Acceptance
These Terms and Conditions (the "Terms") govern the relationship between you, whether as a prospective member, a current member, a casual participant, a guardian acting on behalf of a minor, or a visitor to our website, and the proprietors trading under the registered business name Livan Fitness as CrossFit Highfields (ABN 67 657 031 199, referred to throughout as "we," "us," "our," or "the Operator"), whose facility is situated at Unit 4/15 Darian Street, Highfield Industrial Estate,Highfields, in the State of Queensland, Australia. By submitting a membership application, by signing a direct debit authority, by attending and participating in any session conducted at our premises, or by accessing the website located at www.crossfithighfields.com.au, you acknowledge that you have read, understood, and agreed to be bound by the provisions set out below. Should you decline to accept any part of these Terms, you must refrain from using our services and from accessing the website.
The arrangement recorded here is intended to operate as a legally binding contract. It should be read together with our Privacy Policy, any written fee statement provided to you at the point of enrolment, the rules displayed within the facility, and any program-specific conditions communicated to you in writing. Where an inconsistency arises between a signed membership agreement and these Terms, the signed membership agreement prevails to the extent of that inconsistency.
2. Definitions and Interpretation
For clarity, certain expressions carry the following meanings throughout this document.
Member: A person whose application for membership has been accepted by the Operator and who maintains a current account, irrespective of the membership category held.
Casual Participant: A person who attends on a drop-in basis without holding an ongoing membership, having paid the applicable single-session fee.
Services: The whole of the activities offered by the Operator, including the introductory program for new members, group training sessions, personal training, school and sporting group sessions, open gym access, and supports delivered to participants of the National Disability Insurance Scheme.
Premises: The physical training facility operated under the CrossFit Highfields name, together with any equipment, fixtures, and amenities located within it.
Words importing the singular include the plural and vice versa. A reference to legislation includes any amendment, consolidation, or re-enactment of it. Headings have been inserted for convenience and do not affect interpretation.
3. Eligibility and Membership Registration
Membership is available to persons aged eighteen years or older who possess the legal capacity to enter into a binding contract. An applicant who has not yet attained the age of eighteen may participate only where a parent or legal guardian has executed the relevant documentation, accepted these Terms on the minor's behalf, and assumed responsibility for the obligations arising under them. We reserve the right, exercised reasonably, to decline any application or to refuse entry where doing so is necessary to preserve the safety of members, staff, or the broader community, or where an applicant has previously breached these Terms.
Each applicant warrants that the information supplied during registration, including contact particulars and the responses given during health screening, is true, accurate, and complete. Continuing obligations attach to that warranty; you must notify us promptly of any change to your contact details or to your medical circumstances that bears upon your capacity to train safely.
4. Pre-Exercise Health Screening and Participant Disclosure
Prior to commencing physical activity, every participant is required to complete a pre-exercise health assessment. The questionnaire seeks information concerning pre-existing conditions, including but not restricted to cardiovascular disease, diabetes, respiratory illness, musculoskeletal injury, and pregnancy. Disclosure of this nature serves a protective purpose: it enables our coaching staff to tailor programming, to recommend medical clearance where appropriate, and to reduce the likelihood of foreseeable harm.
Where your responses indicate an elevated risk, we may require written clearance from a registered medical practitioner before permitting participation. Failure to disclose a material condition, or the provision of inaccurate health information, may compromise your safety and may affect the operation of the liability provisions contained in Section 10. The health information collected through this process constitutes "sensitive information" within the meaning of the Privacy Act 1988 (Cth) and is handled in accordance with the Australian Privacy Principles and our Privacy Policy, as further described in Section 13.
5. Membership Categories, Programs, and Access Rights
We offer a graduated range of membership options extending from single-session drop-in attendance through to unlimited access. The specific entitlements, session caps, and pricing applicable to each category are set out in the written fee statement furnished to you before you commit to an agreement, consistent with the disclosure obligations imposed by the Fair Trading (Code of Practice, Fitness Industry) Regulation 2003 (Qld).
Introductory Program: New members are ordinarily required to complete a structured induction designed to teach foundational movement patterns and safe equipment use before progressing to general classes.
Group Sessions: Coached classes are conducted at scheduled times and are subject to capacity limits, which may necessitate advance booking.
Personal Training: One-to-one or small-group coaching is delivered by arrangement and may attract separate fees and cancellation conditions notified at the time of booking.
School and Sporting Groups: Tailored sessions are offered to educational institutions and sporting teams under terms agreed separately with the responsible organisation.
Open Gym Access: Members holding the relevant entitlement may train independently during designated hours, subject to the facility rules in Section 11.
NDIS Supports: Eligible participants of the National Disability Insurance Scheme may access supports as described in Section 12.
Access rights are personal to the member and are not transferable unless we agree otherwise in writing. We may, from time to time, vary the class timetable, substitute coaching staff, or adjust programming, and we will give reasonable notice of any material change.
6. Fees, Direct Debit Authority, and Billing
Payment for ongoing membership is administered through a direct debit arrangement. To establish that arrangement, you must complete the direct debit authority form supplied by us and return it, either by email or by delivering a signed paper copy in person. The website does not presently process payments, and no card or banking details are captured through it. By executing the direct debit authority, you authorise the periodic deduction of the agreed amount from the nominated account in accordance with the schedule disclosed in your written fee statement.
It is your responsibility to maintain sufficient cleared funds in the nominated account on each scheduled debit date. Where a debit is dishonoured, we may pass on any reasonable dishonour fee charged to us by our financial institution, and we may suspend access until the outstanding amount is settled. Fees are reviewed periodically; we will provide written notice of any increase a reasonable time before it takes effect, and continued attendance after the effective date constitutes acceptance of the revised amount. Single-session fees payable by casual participants fall due before the relevant session commences.
7. Cooling-Off Period
Consistent with the protections conferred by the Queensland fitness industry code, you are entitled to a cooling-off period of forty-eight (48) hours commencing from the moment you enter into your membership agreement. During that window, you may cancel the agreement without furnishing any reason. To exercise the right, you must give written notice to us, which may be delivered by email or by hand. Where cancellation occurs within the cooling-off period, we will refund any amount already paid, subject to a deduction for the value of any services genuinely provided to you during that interval. The cooling-off entitlement operates in addition to, and does not diminish, any other right of cancellation conferred by law.
8. Cancellation, Suspension, and Termination
A member wishing to cancel an ongoing membership outside the cooling-off period must provide a minimum of two (2) weeks' written notice. During that notice period, scheduled direct debit payments will continue to be processed, and the membership remains active until the period expires. Cancellation does not become effective merely upon a verbal request or upon ceasing attendance; written notice is required so that the date of termination may be fixed with certainty.
We may suspend or terminate a membership where a member commits a serious or persistent breach of these Terms, engages in conduct that endangers others, fails to remedy an overdue account after reasonable notice, or behaves in a manner inconsistent with the safe and orderly operation of the facility. Termination by us for cause takes effect upon written notice. Where we cease to provide a particular service or close the facility permanently, we will give as much notice as is reasonably practicable and will deal fairly with any fees paid in advance.
Nothing in this section operates to permit the continuation of debits beyond the conclusion of a fixed-term agreement without your authority, such continuation being prohibited under the applicable Queensland regulation.
9. Refunds and Consumer Guarantees
Membership fees are not, as a general rule, refundable once the cooling-off period has elapsed, and we do not offer refunds on the basis of change of mind, non-attendance, holiday absence, or failure to use the services for which you have paid. The cancellation mechanism in Section 8, rather than a refund, is the avenue through which you bring your financial obligations to an end.
The foregoing policy is expressly subject to your rights under the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied in Queensland by the Fair Trading Act 1989 (Qld). Our services come with guarantees that cannot be excluded, including the guarantee that they will be rendered with due care and skill under section 60, the guarantee that they will be reasonably fit for any particular purpose made known to us under section 61, and the guarantee that they will be supplied within a reasonable time under section 62. Where we fail to meet a consumer guarantee, you may be entitled to a remedy, which may include a refund, a re-supply of the service, or compensation for reasonably foreseeable loss, the precise remedy depending upon whether the failure is major or minor within the meaning of the legislation.
Eligibility for a Statutory Remedy: A member seeking redress must demonstrate that a relevant consumer guarantee has not been met and must raise the matter with us in writing so that the failure may be assessed.
Procedural Requirements and Timelines: Complaints should be lodged promptly upon the failure becoming apparent, accompanied by sufficient detail to allow investigation; we will respond within a reasonable period, ordinarily not exceeding thirty (30) days.
Excluded Circumstances: No entitlement to a refund arises where dissatisfaction stems from a member's own conduct, from a failure to disclose relevant health information, or from circumstances beyond our reasonable control.
10. Assumption of Risk, Waiver, and Limitation of Liability
Participation in high-intensity functional fitness, weightlifting, gymnastic movement, and conditioning carries inherent risks. Strenuous physical exertion of this character constitutes a recreational activity, and certain elements of it may amount to a "dangerous recreational activity" within the meaning of section 18 of the Civil Liability Act 2003 (Qld). By participating, you voluntarily assume the risks ordinarily associated with such activity, including the risk of muscular strain, sprain, fracture, cardiovascular event, and, in rare cases, more serious injury.
Several statutory provisions bear upon the allocation of that risk. Under section 13 of the Civil Liability Act 2003 (Qld), an obvious risk is one that would have been apparent to a reasonable person in your position, and you are presumed under section 14 to have been aware of obvious risks. Section 16 provides that no liability attaches to the materialisation of an inherent risk, being a risk that cannot be avoided by the exercise of reasonable care and skill. Section 19 further provides that a person is not liable in negligence for harm suffered as a result of the materialisation of an obvious risk of a dangerous recreational activity.
In addition, and to the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), the application of the consumer guarantees in respect of the supply of recreational services is excluded, restricted, or modified so far as concerns liability for death or personal injury. Notwithstanding the foregoing, nothing in these Terms excludes or attempts to exclude liability for death or personal injury caused by conduct done with reckless disregard for the consequences, nor any liability that cannot lawfully be excluded. To the maximum extent the law allows, our liability for any other loss, including property damage and consequential loss, is limited, and we are not liable for loss attributable to your failure to follow coaching instruction, to disclose a material health condition, or to use equipment as directed.
11. Member Conduct and Facility Rules
Members and casual participants are expected to conduct themselves with courtesy and to comply with all reasonable directions given by coaching and administrative staff. Appropriate athletic attire and footwear must be worn. Equipment is to be used only for its intended purpose, returned to its proper location, and reported promptly where damage or malfunction is observed. Conduct that is abusive, intimidating, discriminatory, or that compromises the safety or enjoyment of others will not be tolerated, and may result in suspension or termination under Section 8.
You are responsible for your personal belongings while on the premises. We accept no responsibility for the loss of, or damage to, property brought onto the premises, except to the extent that such loss arises from our negligence and cannot be excluded at law. Photography and filming within the facility may occur for legitimate operational or promotional purposes, and where you do not wish to appear in such material you should notify us in writing.
12. NDIS Participants
Where supports are delivered to a participant of the National Disability Insurance Scheme, those supports are provided in a manner consistent with the National Disability Insurance Scheme Act 2013 (Cth) and the NDIS Code of Conduct contained in the National Disability Insurance Scheme (Code of Conduct) Rules 2018. We undertake to deliver supports safely, competently, and with respect for the dignity, privacy, and autonomy of each participant, and to act promptly upon any concern affecting the quality or safety of those supports. Fee arrangements for NDIS supports are settled separately, in accordance with the participant's plan and the applicable pricing arrangements, and pricing for participants will not be inflated without reasonable justification.
13. Privacy and the Handling of Personal and Health Information
In the course of providing the Services, we collect personal information, including names, email addresses, telephone numbers, and the health information gathered through pre-exercise screening. Our collection, use, storage, and disclosure of that information are governed by the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles set out in Schedule 1 to that Act. Health information is treated as sensitive information and is collected only with your consent and for the purpose of delivering services safely. Comprehensive detail concerning the management of your information, including how you may seek access to or correction of it and how you may lodge a privacy complaint, is contained in our separate Privacy Policy, which forms part of these Terms by reference. Any electronic marketing we may undertake will comply with the Spam Act 2003 (Cth), including the provision of a functional unsubscribe facility.
14. Intellectual Property and Copyright Policy
All content appearing on www.crossfithighfields.com.au, including text, graphics, logos, photographs, video material, programming descriptions, and the arrangement of those elements, is owned by or licensed to the Operator and is protected under the Copyright Act 1968 (Cth). The "CrossFit" name and associated marks are the property of their respective owner and are used under the affiliate arrangements applicable to our facility. You may view and download material from the website for personal, non-commercial reference only. Reproduction, distribution, public display, modification, or commercial exploitation of any content without our prior written consent is prohibited and may constitute an infringement of copyright.
Should you hold a genuine belief that material published on our website infringes a copyright you own or administer, you are invited to notify us in writing, identifying the material in question, describing your interest in it, and providing your contact particulars, so that we may investigate and, where appropriate, remove the material.
15. Website Use, Third-Party Services, and Analytics
The website is provided for informational purposes and to facilitate engagement with our services. We endeavour to keep its content accurate and current; however, we do not warrant that it will be free from error or uninterrupted in operation. The website may employ third-party tools, including Facebook Pixel and Google Analytics, for the purpose of measuring engagement and supporting future advertising. The data practices associated with those tools, together with the cookie technologies through which they operate, are addressed in our Privacy Policy and in the cookie notice presented through the website platform. Links to external websites, where provided, are offered for convenience, and we do not endorse and are not responsible for the content or practices of those third-party sites.
16. Dispute Resolution and Complaints
Where a concern arises, we ask that you first raise it directly with us so that we may attempt to resolve it cooperatively and without recourse to formal proceedings. Most grievances are capable of resolution through prompt, good-faith communication. Should a matter remain unresolved, you may seek the assistance of the Queensland Office of Fair Trading, contactable on 13 QGOV (13 74 68) and online at www.qld.gov.au/law/fair-trading, or you may refer an eligible dispute to the Queensland Civil and Administrative Tribunal at www.qcat.qld.gov.au.
For the avoidance of doubt, the European Union's Online Dispute Resolution platform, formerly accessible at ec.europa.eu/consumers/odr, was permanently decommissioned on 20 July 2025 and has no application to our services, which are supplied exclusively within Queensland, Australia. No equivalent online dispute resolution platform operates in this jurisdiction, and the avenues identified above represent the appropriate channels for external resolution.
17. Governing Law and Jurisdiction
These Terms are governed by, and are to be construed in accordance with, the laws in force in the State of Queensland and the Commonwealth of Australia. You and the Operator submit to the non-exclusive jurisdiction of the courts of Queensland and of the courts competent to hear appeals from them.
18. Variation of Terms
We may amend these Terms from time to time to reflect changes in our operations, in our service offering, or in the law. The current version will be published at www.crossfithighfields.com.au, bearing the date of its most recent revision. Where an amendment materially affects your rights or obligations, we will take reasonable steps to bring it to your attention. Continued use of the Services or the website following the publication of an amendment signifies your acceptance of the revised Terms.
19. General Provisions
Severability: Should any provision of these Terms be held invalid or unenforceable, that provision is to be read down to the minimum extent necessary, or severed, without affecting the validity of the remaining provisions.
Waiver: A failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right, and a single exercise does not preclude any further exercise.
Entire Agreement: These Terms, together with your signed membership documentation, the written fee statement, and our Privacy Policy, constitute the entire agreement between us and supersede any prior representation or understanding.
Notices: Notices to us may be given by email or by delivery to the facility; notices to you will be sent to the most recent contact details you have provided.
20. Contact
Enquiries concerning these Terms, your membership, or the handling of your information may be directed to the Operator by email to antlivcf@outlook.com, by post to Unit 4/15 Darian Street, Highfield Industrial Estate, Highfields, Queensland, or through the website at www.crossfithighfields.com.au.