Health & Fitness Disclaimer

1. About this disclaimer

Clocking In is a fitness and strength-training application published by Clocking In Pty Ltd (ACN 702 501 442, ABN 18 702 501 442) (“we”, “us”, “our”). By downloading, accessing or using the Clocking In app (the “App”) you acknowledge and agree to this disclaimer. If you do not agree, do not use the App. The App is intended for adults. If you are under 18, you may use it only under the supervision of, and with the consent of, a parent, guardian or coach who is at least 18 and who agrees to this disclaimer and the Terms of Use on your behalf.

2. Not medical advice

The App provides general fitness information, training programs, timers and progress tracking for general educational and informational purposes only. It is not medical advice and is not a substitute for professional medical care, diagnosis or treatment. The training content is prepared by an experienced fitness coach, with more than twelve years of coaching experience, certifications in the fitness industry, service as a physical training instructor in the Australian Defence Force, and a background as a professional athlete. That coach is not a medical practitioner, physiotherapist, dietitian or other registered health professional.

Nothing in the App should be taken as a recommendation to disregard advice from your doctor or another qualified health professional, or to delay seeking that advice.

3. Consult a physician first

Consult your physician or a qualified healthcare provider before beginning any exercise program, especially if you:

• have, or suspect you have, a heart condition, high blood pressure, diabetes, a respiratory condition, a joint, bone or muscular condition, or any chronic illness or injury;
• are pregnant, recently gave birth, or are postpartum;
• are recovering from surgery, illness or injury;
• take medication that may be affected by exercise; or
• are unsure whether exercise is safe for you for any reason.

If your doctor advises that you should not undertake a particular type of exercise, follow their advice over anything in the App.

4. Assumption of risk

Exercise carries inherent risks, including but not limited to muscle strains, sprains, joint injury, fractures, cardiac events, and in rare cases serious injury or death. You voluntarily choose to take part in physical exercise using the App, and you assume all risks associated with that participation, whether or not those risks are described here.

You are responsible for exercising within your own limits, using appropriate equipment and technique, warming up and cooling down, and stopping immediately if you experience pain, dizziness, shortness of breath, faintness or any physical discomfort.

5. Your responsibility

You are solely responsible for:

• deciding whether any program, exercise, load or intensity is appropriate for you;
• performing exercises with correct form and safe equipment;
• listening to your body and resting or stopping as needed; and
• seeking medical attention if you are injured or feel unwell.

The App may suggest loads, rest periods, progressions and milestones based on the information you enter. These are general suggestions generated automatically, not individualised prescriptions, and they do not account for your full medical history. Use your judgement and seek professional advice.

6. If you feel unwell, stop

Stop exercising and seek medical attention immediately if you experience chest pain, irregular heartbeat, severe shortness of breath, dizziness, faintness, or any symptom that concerns you. In an emergency in Australia, call 000.

7. Limitation of liability

To the maximum extent permitted by law, and subject to section 8 below, Clocking In Pty Ltd and its directors, employees and contractors are not liable for any injury, loss, or damage of any kind arising out of or in connection with your use of the App or your participation in any exercise or program, whether based in contract, negligence or otherwise.

8. Australian Consumer Law

Nothing in this disclaimer excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law. Consumer guarantees relating to services may, where permitted, be limited to re-supplying the services or paying the cost of re-supply.

9. Acknowledgement

By using the App you confirm that you have read and understood this disclaimer, that you are medically able to exercise, and that you accept the risks of physical training. If you are supervising a person under 18, you confirm that you accept these terms on their behalf and take responsibility for their use.