ПРАВИЛА ИСПОЛЬЗОВАНИЯ ПОРТАЛА

LES MILLS US INSTRUCTOR PORTAL: PURCHASE TERMS

These Purchase Terms apply to your purchases of Tickets to Events and Les Mills Releases on this Instructor Portal from Les Mills United States Trading, Inc (“Les Mills” or “We” or “Us”).

Please read carefully before you order including the terms in the “Acceptance of Risk / Waiver of Claims” section below.

Note for facilities using the Club Portal: If you are a facility that is purchasing Tickets or Les Mills Releases on behalf of your instructors via the Club Portal, you agree to the terms as set out in these Purchase Terms (with references to the Instructor Portal in these terms deemed to be references to the Club Portal as the context requires). You will also ensure that your instructor agrees and complies with the terms as set out in these Purchase Terms. We will treat your instructor’s attendance at an Event and/or use of Les Mills Releases as acceptance of such terms. Each instructor must be registered on the Instructor Portal prior to the Event or purchase of a Les Mills Release.

SECTION 1: EVENTS

  1. Events

An “Event” means any training event (including Initial Training) or other event as promoted on this Instructor Portal. “Initial Training” means the initial training workshop for a particular Les Mills Program.

The “Event Details” section of this Instructor Portal provides information on a specific Event and allows you to purchase a ticket to an Event (“Ticket”).

For some Events, we may require certain criteria to be met before attending the Event. Before you order, make sure you will meet such criteria (if you do not, you may be refused entry without refund).

You must be at least 18 years old to purchase Tickets and attend an Event.

  1. Tickets, Delivery and Transfer

A Ticket is a personal license that allows you to attend an Event. Tickets are subject to availability.

We can withdraw the license at any time. If this occurs, we will refund you the Ticket price you paid. However, there will be no refund if we withdraw the license due to your breach of any of these Purchase Terms.

The form of Tickets may vary for different Events and the method of entry to an Event will be emailed to you. Tickets are not transferable to another person without our written consent.

  1. Initial Training

For Initial Training, you are only purchasing the right to receive training. Attending training does not mean we will certify you as a certified instructor.

We will certify you if we determine you have satisfied our current certification requirements for that Les Mills Program including (i) completing all the Initial Training and video assessment requirements and (ii) satisfying our certification standards. If you “pass” the first stage of your Initial Training, you may teach a Les Mills Program temporarily without certification while you prepare for your assessment. Please contact us if you need more information about any certification requirements.

  1. Supply of Les Mills Releases for Initial Training

Each Initial Training will relate to a particular Les Mills Release. We will make the relevant Les Mills Release available to you through the “Les Mills Releases App” (see Section 2 below). The terms set out in Section 2 will also apply to any Les Mills Release supplied for an Initial Training.

You may only use this Les Mills Release for Initial Training purposes or (if you become certified) for conducting Les Mills Programs as set out in your Instructor Agreement (as defined below). If we do not certify you, you will no longer be entitled to use the Les Mills Release in any way.

  1. Refusal of Entry and Removal

You must comply with any Event venue rules. We may (without refund) refuse your entry or remove you from an Event where we (or our representatives) consider you are being disorderly or disruptive, using abusive language, failing to comply with venue rules and/or these Purchase Terms, or on other reasonable grounds.

You and your belongings may be searched on entry to an Event. If you do not consent, you may be refused entry to the Event without refund.

  1. No Photos, Videos or Recordings by You

You may not take any photos, videos or recordings (audio or visual) during the Event unless we have provided our written consent.

  1. Cancellations, Rescheduling or Changes by Us

Events may need to be cancelled or rescheduled for a variety of reasons. We may cancel, reschedule or change any Event at any time (at our discretion).

If we cancel, reschedule or materially change an Event, we will contact you and allow you to cancel (with refund of the Ticket price you paid) or rebook a similar Event.

A “material change” is a change which we believe would make the Event significantly different to what an attendee could reasonably expect. By way of example, you accept that the following changes will not be “material changes”: any changes to (i) trainers or presenters; (ii) the start/end time of an Event (or scheduling within an Event); and/or (iii) the programs included in an Event that relates to multiple Les Mills Programs.

We are not liable to you for any of your travel, accommodation or other costs and expenses incurred by you in reliance on the Event proceeding on the scheduled date.

  1. Cancellations by You

If you cancel your Ticket, you will need to notify us prior to such Event and the following will apply depending on the type of Event.

Initial Training, Live Advanced Training, AIM 1 and AIM 2 Events:If you cancel more than 16 days before the Event, we will refund the price you paid for the ticket less an administration fee of $50. If the ticket is cancelled after this date, there will be no refund. With our written consent, you may transfer to another Event. If the Event you are transferring to is an Initial Training using a Les Mills Release that is different to the original Event in which you were registered, there will be an additional $50.00 fee.

Online Advanced Training: If you cancel more than 16 days before the Event, we will refund the price you paid for the ticket less an administration fee of $50. If the ticket is cancelled after this date, there will be no refund. Instructors can transfer to another online Advanced Training course currently scheduled for the same program within the first 10 days (with no additional charge).It’s important that all participants stay up to date with the 6-week course. If a participant falls more than 5 days behind the course content they will be considered an incomplete for the course. If a participant misses a one-on-one call with the trainer or reschedules the one-on-one more than twice it will be considered an incomplete for the course.

Quarterly Events: If you cancel your ticket to a Quarterly Event, there will be no refund. There will be no transfer of your ticket to another individual without our written consent. There will be no transfers to another Event (whether to an Initial Training, Advanced Training, AIM or Quarterly Event).

  1. Acceptance of Risk / Waiver of Claims

By purchasing a Ticket, you agree to the “Acceptance of Risk / Waiver of Claims” section below for the Event.In addition to this online acceptance of the waiver, if requested by us for some Events, you will physically sign a waiver in substantially the same form before participating in the Event. If you do not sign such waiver, you may be refused entry to the Event without refund or other compensation from us.

Acceptance of Risk / Waiver of Claims

Warning:The Event contains both practical and theoretical components and is designed for participants who are experienced in fitness classes, in good mental health, and physically fit. Individuals who are pregnant or with any physical or mental conditions should consult their medical adviser before booking for the Event and should not participate if their health or ability to exercise is at risk. If reasonably requested by us, you agree to provide us with clearance from a licensed medical professional. If you are not able to provide such clearance – or if it otherwise reasonably appears to us at any time that your health might be at risk – we reserve the right to ask you to leave training (and your assessment video will not be accepted). If this happens, there will be no refund for the price paid for the training. However, at our discretion, we may transfer your training to another date or program.

***NOTE: LES MILLS GRIT, LES MILLS SPRINT, BODYCOMBAT DURING PREGNANCY

For your own safety and the safety of your unborn child, we strongly advise against participating in the following programs during pregnancy:

  • LES MILLS GRIT and LES MILLS SPRINT (as these programs are high intensity interval training workouts, which would be high risk because pregnancy guidelines recommend reducing intensity levels throughout pregnancy); and
  • BODYCOMBAT (as this program involves a wide range of movements, which would be high risk due to the onset of pelvic instability in many pregnancies).

If you are pregnant, you may not register for a training in either of these programs without completing a specific medical clearance in the form as provided by us (please contact us for this form prior to registering for a training). This medical clearance must be signed by both you and a licensed medical professional and includes a specific liability release. Notwithstanding your provision of a medical opinion and liability release, we further reserve the right to ask you to leave the training if at any time it reasonably appears that your health may be at risk, regardless of the reason for the apparent health risk. If this happens, there will be no refund for any price

You agree to the following:

Acceptance of Risk:

  • You are willingly participating in the Event at your own risk.
  • You acknowledge that such participation exposes you to a possible risk of personal injury, including death.
  • You have no physical or mental conditions that may be adversely affected by this participation.
  • You take full responsibility for any injury, loss or damage to you or your property that may arise from such participation.
  • You agree to comply with any reasonable instruction issued by Les Mills (or its representatives) during the Event.

Waiver of Claims:

In these Purchase Terms,“Released Parties”means Les Mills, Les Mills International Limited, any company within the Les Mills Group and any of their respective directors, officers, shareholders, employees, contractors, sponsors and presenters, and any other participant at the Event.

In consideration of being permitted to participate in the Event you, on behalf of yourself and anyone else who might claim or sue on your behalf, agree that:

  • You forever waive and release the Released Parties from any and all injuries (including death), losses, damages, claims and any other liabilities (together “Claims”) relating to your participation in the Event or any use of the Recorded Performance.
  • You will not (now or in the future) claim compensation from or take legal action against the Released Parties for any such Claims.

Recorded Performance:You grant to Les Mills, Les Mills International Limited (“LMI”) and any group company owned by LMI (together Les Mills Group) and those acting with their authority (including licensees) the irrevocable, unlimited, perpetual, royalty-free, worldwide right to:

  • Record, video, photograph and/or otherwise capture images (whether still or moving) of you (“Recorded Performance”) during the Event; and
  • Use, publish, reproduce, distribute, create derivative works of, perform, display and/or otherwise exploit your name, image, voice and likeness (as included in the Recorded Performance or any derivative works) and the Recorded Performance in connection with the business of any company in the Les Mills Group (including in Les Mills’ and/or LMI’s exercise products and services and related marketing and promotional materials) in any manner and in all forms of media whether now existing or developed in the future (including in print, TV, film, digital and the Internet) without any payment to you.

Ownership of Rights:Les Mills and/or LMI owns all copyright and other intellectual property rights in and to the Recorded Performance (and any derivative works). You expressly and irrevocably waive (to the extent permitted by law) any moral rights that may relate to the Recorded Performance and any right to receive any payment.

SECTION 2: LES MILLS RELEASES

  1. Les Mills Releases License

A “Les Mills Release” means a set of masterclass video, music and choreography notes in digital form for a particular Les Mills Program.

You are purchasing a license only and you may only use Les Mills Releases for conducting Les Mills Programs as set out in your instructor agreement with us (“Instructor Agreement”). You agree that you will have no ownership rights in the Les Mills Releases.

You will not sell, copy, share, upload or broadcast any Les Mills Release (whether in part or in full).

  1. Access to Les Mills Releases

Shortly after we accept your order, Les Mills Releases will be available to you through:

  • the Les Mills Releases App, where you can stream the masterclass video and music and view the choreography notes in the Les Mills Release and also “download for offline” on the Les Mills Release. You can also stream educational videos in the Les Mills Releases App; and
  • the Les Mills Releases Service, where you can stream the masterclass video only and permanently download the Les Mills Release.

Les Mills Releases will be made available only for 2 years from the date the Les Mills Release is made available on the Les Mills Releases App and/or the Les Mills Releases Service to Instructors generally (or any other period that we determine to make a Les Mills Release available for streaming and/or download) (the “Release Period”).

There will be no refund if you have not streamed or downloaded the Les Mills Release within the Release Period. You may only download one permanent copy of a particular Les Mills Release.

We may change the length of the Release Period at any time (at our discretion).

It is your responsibility to make sure your device meets the technical requirements needed to operate the Les Mills Releases App and/or Les Mills Releases Service.

In this section:

  • ‘download for offline’ means the temporary download of a Les Mills Release to your device for viewing offline (within the Les Mills Releases App only); and
  • “Les Mills Releases App” means the LES MILLS mobile application software for Instructors to access Les Mills Releases. To access the Les Mills Release you will need to download the Les Mills Releases App and accept the Les Mills Releases App Terms of Use.
  • “Les Mills Releases Service” means the service for accessing the Les Mills Releases located in this Instructor Portal.
  1. Autoship

“Autoship” means the automatic delivery service for Les Mills Releases available through this Instructor Portal. If you subscribe to Autoship for a particular program, we will automatically make each new Les Mills Release available to you.

You authorize us to charge the Autoship Price to your credit card once that new Les Mills Release is made available to you. You may unsubscribe from Autoship at any time by contacting us.

SECTION 3: GENERAL

  1. Orders

Any order for Les Mills Releases or Tickets will need to be accepted by us. Once we email you to accept your order, the order will become a binding contract.

  1. Pricing and Payment

You will pay the relevant price for the Les Mills Releases and/or Tickets (in full without any set-off) together with any relevant taxes and duties (“Taxes”). Unless stated otherwise, the price does not include Taxes and (for Tickets) does not include clothing, meals and accommodation.

Payment must be made through the method set out on this Instructor Portal. We may change the prices on the Instructor Portal at any time.

  1. Incorrect Pricing and Technical Errors

In offering Les Mills Releases and Tickets on the Instructor Portal, we try to be accurate but there may still be errors.

Before an order is processed, if we find that a Les Mills Release or Ticket contains an error (in pricing, Taxes or in its description), we will contact you and allow you to cancel or amend your order within a set time. If we have processed your order where an error is obvious (and you should have reasonably known this) we may end the contract (with refund) and require the deletion of any Les Mills Releases and/or Event related materials provided to you.

If for any reason a technical error (including a technical interruption, fault or site failure) occurs when purchasing online, we may suspend and/or cancel any or all purchases (with refund to you of the price paid). We are not responsible for any loss or damage due to such technical errors (including for complete or incomplete purchases).

  1. Warranties and Liability

To the extent legally possible, we disclaim all warranties (express or implied) in relation to the Les Mills Releases and Events, including any warranty that the Les Mills Release or Event is suitable for a particular purpose.

We will not be liable to you or any other person, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising from or in connection with the supply or non-supply of any Les Mills Release or Event.

Our total liability to you for all other losses arising from or in connection with the supply of any Les Mills Release or Event whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the amount paid by you for the relevant Les Mills Release or Ticket(s) (as applicable).

Some states do not allow the limitation or exclusion of certain warranties and damages. If you are in one of these states, the above limitations or exclusions may not apply to you.

  1. Indemnity

You will indemnify us and/or Les Mills International Limited for all costs, losses and damages (including reasonable legal fees and costs) incurred by us and/or Les Mills International Limited relating to a breach by you of these Purchase Terms.

  1. Matters Beyond our Control

We will not be in breach of any contract nor liable for delay in performing, or failure to perform, any of our obligations under any contract if such delay or failure result from events, circumstances or causes beyond our reasonable control.

  1. Rights of Third Parties

Les Mills International Limited will be entitled to enforce the terms of this Agreement. No other person other than you or us may enforce any term under this Agreement.

  1. Default in Payment

If you have not paid any sum by its due date we may:

  • withhold or remove access to the relevant Les Mills Releases or refuse entry to the relevant Event;
  • refuse any further orders for Les Mills Releases or Tickets;
  • charge interest from due date until the date of payment at the rate of either 1.5 % per month or part month, or the maximum rate allowable under applicable law (whichever is the lesser); and/or
  • end your Instructor Agreement.
  1. Changes to Terms

We may change these Purchase Terms at any time by posting the new version on the Instructor Portal (which would apply to all orders after the date of posting).

  1. No Waiver of Our Rights

We do not waive any of our rights under these Purchase Terms. If we choose not to enforce any term at any time, it does not mean we give up our right to enforce it later.

  1. Invalid Terms to be Removed

If any term in these Purchase Terms is found to be unenforceable, that term will be removed from these Purchase Terms and the rest of the Purchase Terms will continue with full effect.

  1. Governing Law

These Purchase Terms are governed by the laws of the State of Illinois without regard to principles of conflict of laws. Any disputes will be heard in the state or federal courts in Chicago, Illinois, and both parties agree and waive any objections to the jurisdiction of such courts.However, actions by Les Mills to enforce its intellectual property rights (including intellectual property provisions set out in these Purchase Terms) may be brought in any court of competent jurisdiction where you are located or where the violation is occurring.

Version last updated: 5 October 2018