Liability Waiver
Effective Date: 01/05/2026
This Liability Waiver & Release of Claims ("Waiver") applies to all services provided by
ByMonday PTY LTD ("Company", "we", "us", "our"), including but not limited to digital fitness
programs, workout plans, training guides, online coaching materials, educational content, and
related services ("Services").
By purchasing, accessing, or participating in our Services, you agree to the following:
1. Voluntary Participation
i. You acknowledge that participation in fitness training, strength training, cardiovascular
exercise, mobility work, stretching, and related physical activity involves inherent risks.
ii. These risks include, but are not limited to: muscle strains, ligament injuries, joint injuries,
falls, fractures, cardiovascular complications, aggravation of pre-existing conditions,
permanent disability, and death.
iii. You voluntarily choose to participate in the Services with full knowledge of these risks.
2. Assumption of Risk
i. You expressly and voluntarily assume full responsibility for any risk of injury, illness, damage,
or loss arising from participation in the Services, whether caused by negligence or otherwise, to
the fullest extent permitted by law.
ii. You acknowledge that exercise intensity is self-selected.
iii. You are responsible for determining your physical limits.
iv. You may stop participation at any time.
v. You are solely responsible for the safe execution of exercises.
3. Medical Acknowledgement
i. You confirm that you are physically fit to participate.
ii. You confirm that you have no medical condition that would prevent safe participation.
iii. You acknowledge that you have consulted a qualified healthcare professional where
necessary before beginning any program.
iv. You understand that the Company does not provide medical advice and is not a medical
provider.
4. Release and Discharge
i. To the maximum extent permitted by Australian law, you release and discharge ByMonday PTY
LTD, its directors, officers, employees, contractors, agents, affiliates, and representatives from
any and all claims, demands, proceedings, damages, liabilities, losses, costs, or expenses
arising out of or connected with your participation in the Services.
ii. This includes any injury or illness sustained.
iii. This includes use or misuse of exercises, training advice, or instructional content.
iv. This includes equipment use, whether owned by you or a third party.
v. This release applies whether the claim arises in contract, tort (including negligence), statute,
or otherwise.
5. Indemnity
i. You agree to indemnify and hold harmless ByMonday PTY LTD from any claims, damages,
liabilities, costs, or expenses (including legal fees) arising from your breach of this Waiver.
ii. This includes misuse of the Services.
iii. This includes claims brought by third parties arising from your participation.
6. Australian Consumer Law
i. Nothing in this Waiver excludes, restricts, or modifies any consumer guarantee, right, or
remedy conferred by the Australian Consumer Law that cannot lawfully be excluded.
ii. Where liability cannot be excluded, it is limited to the extent permitted under law.
7. Recreational Services Warning
i. You acknowledge that the Services constitute recreational services under the Competition
and Consumer Act 2010 (Cth).
ii. You acknowledge that certain rights may be excluded for liability arising from death or
personal injury resulting from failure to comply with a consumer guarantee, to the extent
permitted by law.
8. Acknowledgement of Understanding
i. You confirm that you have read this Waiver carefully.
ii. You understand its contents.
iii. You understand that you are giving up certain legal rights.
iv. You agree to be bound by its terms voluntarily and without coercion.