Terms & Conditions

1 - About Studio Era

1.1 These terms apply to the Studio Era mobile or digital application (App), the website at https://studioera.co (Website), and associated fitness and nutrition services and products provided through them (Fitness Products), which are owned by Madelaine Rascan, ABN-59 951 646 086 (‘Studio Era’, ‘we’, ‘our’, or ‘us’).

1.2 Studio Era offers a variety of Fitness Products, which include time-bound programs and subscription-based memberships, promoted via the Website and App.

1.3 Studio Era does not offer face-to-face personal training and does not offer individually tailored exercise, fitness, or nutrition advice.

1.4 Fitness Products purchased through the Studio Era App are subject to these Terms and Conditions. However, the results-based guarantee is only available for purchases made through the Website and not for those made via app stores. Full details of the guarantees are outlined in Section 6 - Results-Based Guarantee of these Terms and Conditions.

1.5 The Studio Era App is licensed from a third-party fitness technology provider. While Studio Era customizes and manages the content and services provided through the App, the underlying software, updates, and technical functionalities are maintained by the licensor. Studio Era is not responsible for technical interruptions or issues inherent to the software or services provided by the third-party provider.

1.6 Studio Era offers two main types of Fitness Products:
(a) Programs: Time-bound fitness plans (e.g., 12-week programs) with a fixed start and end date, providing structured access to specific fitness and nutrition materials.
(b) Memberships: Recurring subscription-based services granting continuous access to the App and its features, including Monthly and Yearly memberships. Studio Era also previously offered a Quarterly Membership, which is no longer available for purchase.

1.7 Before starting any exercise, weight loss, or reduction program, including those supplied by Studio Era, you should make sure that you are not underweight, that you are physically able to participate in any program part of a Fitness Product, and you must seek advice from your medical practitioner before starting a program.

1.8 If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program.

2 - Validity and Duration of Access

2.1 Programs (Fixed-Term Plans):

(a) After purchasing a fixed-term Studio Era program (e.g., 12-week plans) provided on the Studio Era App, the purchaser will be granted access to the program materials for the specific program duration. Access commences on the program start date or the date of purchase, whichever is earlier, and ends at the conclusion of the program period.

(b) For example, if you purchase an 12-week program, you will be able to access the program via the App for 12 weeks only, unless extended by the Studio Era Team for all users for a limited period of time.

(c) Access to fixed-term programs cannot be paused or extended unless explicitly authorized by Studio Era or unless additional access is purchased.

2.2 Memberships (Subscription-Based Plans):

(a) Memberships (e.g., Monthly or Yearly subscriptions) provide continuous access to the App and its features for the duration of the active subscription period.

(b) Membership access will renew automatically based on the chosen subscription term unless canceled in accordance with the Terms and Conditions.

(c) Billing cycles include:

(i) Monthly and Yearly terms.

(ii) Legacy Quarterly Memberships remain valid for existing customers until expiration or cancellation but are no longer available for new purchase.

(d) For memberships purchased via third-party app stores (e.g., Apple App Store or Google Play Store), renewal terms, cancellation processes, and refunds are governed by the policies of the respective platform.

(e) Customers are responsible for ensuring payment methods are valid and up-to-date to maintain uninterrupted access to their memberships.

(f) Studio Era reserves the right to amend subscription prices or modify features, as detailed in Section 5.8. Customers will be notified in advance and have the option to cancel their subscription before changes take effect.

2.3 No Pause or Extension Policy:

(a) Access periods for fixed-term programs or subscriptions cannot be paused or extended unless explicitly authorized by Studio Era.

(b) If access is interrupted due to non-payment or cancellation, customers may regain access by re-subscribing or purchasing additional access, where applicable.

3 - Terms of Use

3.1 By registering an Account with us, or using or accessing the App and Website, you acknowledge and agree that you:

(a) have read, understood, and agree to be bound by these Terms and Conditions;

(b) consent to the collection, use, and processing of your personal information for the purposes outlined in these Terms and Conditions, including those specified in Section 9 - Privacy;

(c) agree to use the App, Website, and Fitness Products in compliance with all applicable laws and regulations;

(d) are responsible for ensuring that your use of the App and Fitness Products aligns with your personal health and medical needs, and that you have consulted a medical practitioner as necessary;

(e) consent to receiving communications from us, including service-related messages, updates, and promotional offers, as outlined in Section 9 - Privacy.

3.2 Amendments to Terms:
Studio Era may amend these Terms and Conditions at any time. Amendments will be posted on the Website and the App, and the date of posting will be the effective date of the amended terms.

(a) Your continued use of the Website, the App, Fitness Products, and other goods or services provided by Studio Era after the posting of amended terms constitutes your acceptance of the updated terms.

(b) If you do not agree to the amended terms, you must discontinue use of the App, Website, and any related Fitness Products or services.

3.3 Account and Use of Services:

(a) You are responsible for maintaining the confidentiality of your account login details, including your username and password.

(b) You are responsible for all activities conducted through your account, whether or not authorised by you.

(c) You must immediately notify Studio Era of any unauthorised use of your account or any other breach of security.

(d) Studio Era reserves the right to suspend or terminate your account at its discretion if it believes you have breached these Terms and Conditions.

4 - Registration on a Program and Licence

4.1 Age Requirement:
Customers must be at least 18 years old to register an Account, purchase a Fitness Product, or access Studio Era services.

4.2 Single-User License:
(a) The purchase of a Fitness Product is for your personal use only. You may not authorize or permit third parties to access or use any Fitness Product, digital content, or services supplied to you through your Account.

(b) Sharing login credentials or providing access to any Fitness Product or Studio Era content to unauthorised users is a breach of these Terms and Conditions and may result in the termination of your Account without refund.

4.3 E-Books and Digital Materials:
Upon purchase of e-books, meal plans, nutrition guides, or other downloadable materials, you are entitled to download and print one copy for personal use only.

(a) You are strictly prohibited from copying, distributing, or making additional reproductions of these materials.

(b) Any breach of this clause may result in the immediate termination of your access to Studio Era programs or services without refund and may also lead to legal action.

4.4 Program Access and License:
(a) Upon registration for a program or subscription, Studio Era grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the materials provided with the program.

(b) This license is strictly for personal use and enjoyment in accordance with these Terms and Conditions.

(c) Studio Era retains full ownership of all intellectual property associated with Fitness Products, and your license to use the materials is subject to these ownership rights.

4.5 Prohibited Uses:

You agree not to:

(a) Copy, modify, distribute, or create derivative works based on any Fitness Product or content provided by Studio Era.

(b) Use any Fitness Product or content for commercial purposes or in a manner that infringes on Studio Era’s intellectual property rights.

5 - Payments and Refunds

5.1 Website Purchases:

(a) Customers must pay for all Fitness Products and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via Stripe on the Website.

(b) Payments made through the Website are subject to the terms and conditions of the respective payment processor.

5.2 App Purchases:

(a) Fitness Products purchased through the App must be paid for at the time of purchase using the payment facility or any other third-party payment gateway offered within the App (in-app purchase) or through external app stores such as the Apple App Store or Google Play Store (external app purchase).

(b) In-app purchases are processed securely via third-party payment gateway providers. Customers are responsible for reviewing and agreeing to the terms of use and payment policies provided by these third parties before completing a purchase.

(c) Studio Era does not process or manage payment disputes for in-app purchases. Customers must resolve payment-related issues directly with the payment provider or app store.

5.3 External App Purchases:

(a) External app purchases are purchased from and billed by the respective app store, not by Studio Era.

(b) External app purchases are subject to the terms, conditions, and other licensing arrangements specified by the app store provider.

(c) Prices for external app purchases may vary based on the customer’s location and are subject to exchange rates, taxes, and transaction fees determined by the app store provider.

(d) Customers must contact the app store provider directly for payment-related issues, including refunds, chargebacks, or return requests. Studio Era is not responsible for processing or resolving such disputes.

5.4 Access to Fixed-Term Programs:

(a) After purchasing a fixed-term program (e.g., 12-week plans), customers will be granted access to the program materials on the App for the specified program duration. Access begins on the program start date or the purchase date, whichever is earlier, and ends on the designated program end date.

(b) Access periods for fixed-term programs cannot be paused or extended unless explicitly authorized by Studio Era or unless additional access is purchased.

5.5 Access for Membership Subscriptions:

(a) Membership subscriptions, including Monthly and Yearly memberships, provide continuous access to the App and its features as long as the subscription is active and payments are up-to-date.

(b) Subscriptions renew automatically at the end of each billing cycle unless canceled by the customer in accordance with the cancellation process specified by the respective platform.

(c) Legacy Quarterly Memberships remain valid for existing customers until expiration or cancellation but are no longer available for new purchase.

5.6 Refunds Due to Medical Conditions:

(a) If a customer is diagnosed with a medical condition (including pregnancy) that prevents participation in a fixed-term program, they must provide evidence of the condition to Studio Era at support@studioera.co.

(b) Studio Era may, at its discretion, issue either a partial refund or credit for the unused portion of the program, provided that evidence is submitted as soon as the customer becomes aware of the condition.

(c) Refunds or credits for subscriptions (e.g., Monthly, Yearly, or Legacy Quarterly) are not available for medical conditions unless required by law.

5.7 No Refunds for Other Reasons:

(a) Refunds are not available for accidental purchases, unused portions of fixed-term programs or subscriptions, changes in personal circumstances, or any similar reason unless required under the Competition and Consumer Act 2010 (Cth) (CCA).

5.8 Amendments to Pricing and Features:

(a) Studio Era reserves the right to amend subscription prices or modify features associated with memberships and programs with prior notice.

(b) Any changes to pricing or features will apply to future billing cycles only. Customers will be notified of such changes at least 30 days before they take effect.

(c) Customers who do not wish to accept the amended terms may cancel their subscription before the new terms take effect. Continued use of the membership or program after the change takes effect will constitute acceptance of the new pricing or features.

6 - Results-Based Guarantee

6.1 Month-Long Challenge Guarantee

6.1.1 Overview
Studio Era provides a results-based guarantee for participants in designated challenges lasting 3–4 weeks. This guarantee applies exclusively to purchases made through the Studio Era Website and is subject to strict adherence to all conditions outlined below.

6.1.2 Eligibility

To qualify for the month-long challenge guarantee, you must meet all the following conditions:

(a) Purchase Exclusively via the Website: The challenge must be purchased directly from the Studio Era Website.

(b) Strict Adherence to Meal Plan: Participants must follow the provided meal plan for the entire challenge period. All meals, snacks, and additional foods must be logged daily within the app on the assigned days.

(c) Strict Adherence to Workout Plan: Participants must complete the challenge-specific workout program, marking each workout as completed on the assigned day.

(d) Weekly Check-ins: Weekly progress check-ins must be submitted on time each week during the challenge.

(e) Compliance Verification: Compliance is monitored through Studio Era’s backend systems. Falsification of records, missed logs, or incomplete check-ins voids the guarantee.

6.1.3 Claim Process

To make a claim under this guarantee:

(a) Submit your claim by emailing hello@studioera.co with the subject line “Challenge Guarantee.”

(b) Claims must be submitted within 14 days of the challenge end date.

6.1.4 Refund Process

(a) Approved claims will result in a refund processed to the original payment method used.

(b) Refunds will be processed within 30 days of claim approval following verification of compliance.

6.1.5 Exclusions and Limitations

(a) The guarantee is available exclusively for Website purchases and does not apply to app store transactions.

(b) Failure to meet any condition will void the guarantee.

6.2 8-Week Fat Loss Guarantee for Yearly Memberships

6.2.1 Overview

Studio Era provides an 8-week fat loss guarantee exclusively for customers who purchase a Yearly Membership through the Studio Era Website. This guarantee is designed for participants who adhere to the program in full but do not achieve measurable results.

6.2.2 Eligibility

To qualify for the 8-week fat loss guarantee, you must meet all the following conditions:

(a) Purchase Exclusively via the Website: Your membership must be purchased directly from the Studio Era Website.

(b) Strict Adherence to Meal Plan: You must follow a meal plan provided by the app for the full 8-week duration. All meals, snacks, and additional foods must be logged daily on the allocated days.

(c) Strict Adherence to Workout Plan: You must complete the 8-week workout program as provided in the app, marking each workout as completed on the assigned day.

(d) Weekly Check-ins: Weekly progress check-ins must be submitted on time each week throughout the 8-week period.

(e) Compliance Verification: Compliance is monitored through Studio Era’s backend systems. The guarantee is void if logs are missed, falsified, or check-ins are incomplete.

6.2.3 Claim Process

To submit a claim for the 8-week guarantee:

(a) Email hello@studioera.co with the subject line “8-Week Guarantee.”

(b) Claims must be submitted within 14 days of completing the 8-week program. Studio Era will independently verify compliance based on backend data and will notify you of the outcome.

6.2.4 Refund Process

(a) Approved claims will result in a refund processed to the original payment method used.

(b) Refunds will be processed within 30 days of claim approval following verification of compliance.

6.2.5 Exclusions and Limitations

(a) The guarantee applies exclusively to Yearly Memberships purchased through the Website and is not valid for monthly memberships or app store purchases.

(b) The guarantee is void if any of the eligibility conditions are not met.

(c) This guarantee is non-transferable and can only be claimed once per customer.

(d) Studio Era is not liable for any claims voided due to non-compliance with these terms.

7- Exchanges:

7.1 Studio Era is committed to customer satisfaction. If you are not 100% happy with your online merchandise order, you may request an exchange.

(a) To be eligible for an exchange, items must be returned within 30 days from the purchase date.

(b) To initiate a return or exchange, email Studio Era at merch@studioera.co.

7.2 Customer Responsibility for Return Shipping:

(a) Customers are responsible for postage fees associated with returning items for an exchange unless the item is confirmed as faulty by Studio Era.

(b) Returned items must be in their original condition (unworn, unwashed, and with tags intact).

7.3 Non-Returnable Items:

(a) Personalized or custom-made merchandise cannot be returned unless faulty.

(b) For hygiene reasons, certain items such as undergarments or swimwear are not eligible for return unless defective.

8 - Faulty Merchandise

8.1 Assessment of Faulty Items:

Studio Era will assess the condition and age of any merchandise returned as faulty before processing a refund or exchange.

(a) If the item is confirmed to have a genuine manufacturer’s defect or fault, Studio Era will offer either a replacement, an exchange, or a refund.

(b) Items not deemed faulty, or items returned after significant use, will not qualify for an exchange or refund.

8.2 How to Report a Faulty Item:

(a) If you believe an item is faulty, contact Studio Era at merch@studioera.co to organize a return.

(b) Provide a detailed description of the issue and include photographs if possible.

8.3 Return Shipping for Faulty Items:

(a) Studio Era will cover return postage costs for items confirmed to be faulty.

(b) Refunds or exchanges will be processed once the returned item has been assessed and verified.

8.4 Timeframes for Reporting Faulty Merchandise:

Claims for faulty merchandise must be made within a reasonable timeframe, typically within 30 days of purchase, unless otherwise required by the Australian Consumer Law (ACL).

9 - Privacy

9.1 Commitment to Privacy:

Studio Era is committed to protecting your privacy and safeguarding your personal information in accordance with our Privacy Policy.

9.2 Collection of Personal Information:

When you register an Account, purchase a Fitness Product, or use our App or Website, Studio Era may collect personal information such as your contact details, account activity, and usage data. This information is collected to provide services, improve offerings, and ensure compliance with these Terms and Conditions.

9.3 Purpose of Collection:

Any personal information you provide will be used for the primary purposes of:

(a) enabling your access to the Website, App, and Fitness Products;

(b) managing your participation in programs and memberships;

(c) fulfilling legal and business obligations; and

(d) enhancing our services and user experience.

9.4 Disclosure of Personal Information:

Studio Era may share your personal information with third parties as necessary for:

(a) delivering services, including cloud storage, data hosting, and payment processing;

(b) conducting business operations; and

(c) fulfilling obligations outlined in these Terms and Conditions or our Privacy Policy.

9.5 Overseas Data Transfers:

Customers consent to the transfer and disclosure of their personal information to overseas recipients, including data storage or service providers located in India or other countries, for the purposes outlined in these Terms.

9.6 Legal and Regulatory Disclosures:

Studio Era may disclose your personal information:

(a) if required by law;

(b) for debt collection purposes; or

(c) in response to investigations by law enforcement or government agencies.

9.7 Communication Preferences:

Studio Era may use SMS, email, or other channels to contact you for purposes such as:

(a) administering accounts and processing payments;

(b) providing updates on programs or services;

(c) sending promotional offers or newsletters;

(d) reminding you of key program dates; and

(e) conducting surveys or market research.

9.8 Opt-Out Policy:

(a) If you do not wish to receive promotional communications or SMS reminders, you may opt out by following the "unsubscribe" instructions provided in the communication or contacting Studio Era directly at support@studioera.co.

(b) Note that opting out of service-related communications may impact your ability to fully participate in programs or use certain features of the App.

9.9 Mobile Messaging Service:

(a) By enrolling in Studio Era’s SMS/text messaging service, you consent to receive recurring messages, including service updates and promotional content, via your mobile device.

(b) Standard message and data rates may apply. Frequency varies by user.

(c) To stop receiving messages, reply “STOP” to any SMS or click the provided opt-out link. For assistance, contact support@studioera.co.

9.10 Changes to the Mobile Messaging Service:

Studio Era may modify or cancel the mobile messaging service or any of its features without prior notice. Changes to short codes or service numbers will be communicated, but Studio Era is not responsible for missed communications due to outdated user information.

9.11 Third-Party Liability:

The wireless carriers supporting Studio Era's messaging service are not liable for delayed or undelivered messages. Studio Era is not responsible for errors, delays, or issues caused by third-party service providers.

9.12 Privacy Policy:

For full details on how Studio Era collects, uses, and protects your personal information, please refer to our Privacy Policy.

10 - Studio Era Rules Including Use of Social Media

10.1 Customers must:

(a) ensure that their login details for the Website and the App (including usernames and passwords) are kept confidential and not disclosed to any other party;

(b) notify Studio Era immediately if you suspect or know that your Account has been accessed without your authority;

(c) accept responsibility for all activity conducted through your Account, whether or not authorized by you;

(d) not use the App, any Fitness Product, or the Website for any illegal purpose;

(e) not undertake any activity which uses, exploits, or affects the Brand or the Studio Era Intellectual Property except for the purposes of your personal participation in a program or use of Fitness Products purchased through the Website or App;

(f) not interfere with the enjoyment of another Customer’s use of the App, Website, or Fitness Products;

(g) not engage in any fraudulent activity in connection with the App, Fitness Products, or the Website;

(h) not knowingly introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material to the Website, App, or any related services;

(i) not use automated systems, bots, or scripts to interact with the Website, App, or Fitness Products in an unauthorized manner.

10.2 Participation in Private Forums or Social Media:

Some programs may offer participation in private Skool forums or other online communities. Customers agree to the following rules when participating in such forums or posting about Studio Era on any social media platform:

(a) Treat all other Customers, Studio Era staff, and contractors with dignity, respect, and support;

(b) Refrain from displaying or engaging in any activity that facilitates or promotes illegal activity;

(c) Not post, publish, distribute, or display content that is:

(i) discriminatory, harassing, or violating privacy;

(ii) promoting illegal activity or violence;

(iii) explicit, defamatory, false, or misleading;

(iv) breaching Studio Era’s Community Guidelines or the Terms and Conditions;

(d) Use the forums and social media responsibly and contribute positively to the community.

10.3 Moderation and Content Removal:

Studio Era reserves the right, at its sole discretion, to:

(a) Remove any content from social media platforms, forums, or other online spaces associated with Studio Era that violates these rules or is deemed inappropriate;

(b) Suspend or permanently ban Customers from participating in forums or social media groups if their behavior breaches these rules.

10.4 Customer Responsibilities for Technology and Access:

(a) Customers are responsible for obtaining and maintaining data network access to use the App, Website, and Fitness Products;

(b) Customers are responsible for keeping their devices updated to ensure compatibility with the App, Website, and any related updates or features;

(c) Studio Era is not responsible for issues caused by outdated or incompatible customer devices or software.

10.5 Safety and Use of Premises:

(a) Customers are responsible for ensuring that any premises where exercise programs are undertaken are safe, clean, and suitable for the purpose;

(b) Studio Era is not liable for any injury, damage, or loss caused by unsafe or unsuitable premises used by Customers.

11 - Suspension or Termination of Your Account or Use of the App and Website

11.1 Studio Era may suspend or terminate your Account or registration on a program or challenge at any time should it consider that you have breached these Terms and Conditions or it is otherwise appropriate to do so.

11.2 Studio Era will suspend or terminate the Account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by Studio Era or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, or involves threatening, defamatory, harassing, abusive, or discriminatory content.

11.3 Studio Era may amend or remove your membership of any Skool or other social media groups associated with a program, or any posts you place on such social media platforms, at any time at its absolute discretion.

11.4 Customers may stop using a Fitness Product, the App, and the Website at any time.

11.5 Refund Policy on Termination: Studio Era will not issue refunds for any remaining program or subscription access if your account is suspended or terminated due to a breach of these Terms and Conditions.

12 - Complaints

12.1 Customers may make a complaint by email to support@studioera.co.

12.2 Customers must use the subject line ‘Complaint’ in the email and must outline the complaint in detail, including the nature of the complaint, and attach copies of any documentation which supports the complaint.

12.3 Studio Era will investigate the complaint and endeavor to respond within 14 Business Days.

12.4 Escalation: If a complaint cannot be resolved to your satisfaction, you may escalate it by contacting support@studioera.co, and Studio Era will review the matter further. Studio Era reserves the right to make the final decision.

13 - Risk Warnings and Disclaimers

13.1 You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in, accessing, or using any Fitness Products, including participating in any seminar or personal or group fitness activity, you may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue, and blood vessels), joint injuries, heart, lung, and breathing problems (and aggravating a pre-existing condition or injury) due to:

(a) known or unknown health problems or previous injuries;

(b) pregnancy;

(c) engaging in activity which is too strenuous for your level of fitness and health;

(d) tripping or slipping – including over fitness equipment both at home and in a gym; and

(e) attempting an activity which is beyond your exercise capability.

13.2 We are not a medical organisation and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise and nutrition guides we offer should not be taken as medical advice and are for information purposes only.

13.3 You understand that any exercise and nutrition guides offered, conducted, or promoted by Studio Era are not individually tailored to your personal circumstances, and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Fitness Product.

13.4 Within the Programs, nutritional recommendations are computed based on the Institute of Medicine equation, based on personal data provided. Within the nutritional plans, nutritional values have been sourced directly from manufacturers’ reference data, the Australian Food Composition Database, and the USDA, at the time of creation. Provided nutritional guides are intended for informational purposes only, must not be taken as medical advice, and should be regarded as generalised recommendations.

13.5 Studio Era does not guarantee that the Website and App will function on any particular device, and Customers acknowledge and agree that the Website and App may suffer from malfunction, interruption, or unavailability from time to time and that this is an inherent risk of such internet and electronic-based systems.

13.6 Responsibility for Exercise Environment: You are responsible for ensuring that the premises or equipment used for exercise are safe, suitable, and meet the requirements of the program. Studio Era is not liable for injuries or accidents resulting from unsafe environments or improper equipment usage.

13.7 Third-Party Services: Studio Era may recommend or reference third-party tools, equipment, or facilities. These are optional and used at your own risk. Studio Era does not warrant or guarantee their safety, performance, or suitability.

14 - Liability

14.1 Consumer Guarantees: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:

(a) are rendered with due care and skill;

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and

(c) are supplied within a reasonable time (when no time is set).

14.2 Permitted Exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those consumer guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee. In the previous sentence, “injury” means:

(a) physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);

(b) the contraction, aggravation, or acceleration of a disease; or

(c) the coming into existence, the aggravation, acceleration, or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

14.3 Reckless Conduct: The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

14.4 Please note that nothing in this agreement excludes, restricts, or modifies any term, condition, warranty, guarantee, right, or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted, or modified.

14.5 Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights, or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:

(a) negligence;

(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

14.6 Studio Era will not be liable for any loss or injury attributable to:

(a) your fault;

(b) a third party unconnected with the provision of goods and services provided by us (such as the owner of premises where you undertake a program);

(c) any loss or damage caused by a distributed denial of service attack, viruses, or other technologically harmful material that may infect your computer equipment, device, programs, data, or other material due to your use of the Website, any App, or your downloading any material such as e-books or other material on the Website, or any website linked to it;

(d) the conduct or actions of Customers online or offline or their use of the Website or App;

(e) the suitability of a Fitness Product purchased by you;

(f) unauthorised access or use of your Account by third parties;

(g) any website links contained on the Website or an App to external organisations or advertisements or the use of such an external organisation’s website or App; or

(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.

14.7 We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.

14.8 Technical Disruptions: Studio Era is not liable for any interruptions, malfunctions, or downtime of the App, Website, or related services caused by technical issues, maintenance, or third-party service providers. Studio Era will take reasonable steps to resolve disruptions promptly.

15 - Warranties (by Customers)

15.1 You represent and warrant to Studio Era that:

(a) you are 18 years old or over;

(b) you have sought and obtained advice from your medical practitioner before commencing any program or following any meal plan or nutrition guide supplied by us;

(c) all information and documentation provided to Studio Era from time to time is true, accurate, and not misleading in any respect;

(d) you will exercise in a place that is safe, clean, and suitable for the program;

(e) you will abide by these Terms and Conditions at all times; and

(f) you are responsible for the management of any food allergies or intolerances and for ensuring that any nutritional recommendations provided align with your specific health requirements.

16 - Limitation/Exclusion of Liability

16.1 Customers acknowledge and agree that Studio Era excludes all liability to Customers to the maximum extent permitted by law, including the ACL contained in the CCA.

16.2 All implied terms, conditions, warranties, rights, or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:

(a) negligence or fault of Customers;

(b) the acts or omissions of a third party unconnected with the provision of goods or services by Studio Era;

(c) any defect in or complaint about the availability of a Fitness Product;

(d) delays in the functionality of, or inability to access, the Website or an App (and to this end, Studio Era does not guarantee or warrant that the Website or the App will be uninterrupted or error-free); and

(e) any behaviour by a Customer towards another Customer or third parties that is defamatory, libelous, unlawful, or offensive.

16.3 We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.

16.4 Customers agree and accept that the entire risk arising out of their use of the Website, participation in Programs, and use of goods and any other services purchased through the Website remains solely with them to the maximum extent permitted by law.

16.5 Studio Era will not be liable for indirect, incidental, or consequential damage, including loss of profits, lost data or lost Customer Content, personal injury, death, or property damage in connection with or referable to a Customer’s use of the Website, App, or other goods or services provided in connection with the Website and any Fitness Product.

17 - Indemnity

17.1 Customers agree to indemnify and hold Studio Era and its officers, directors, employees, and agents harmless from any and all Claims arising out of or in connection with:

(a) a Customer’s use of the App, Website, or participation in programs or challenges;

(b) use of products purchased through the Website or App;

(c) a Customer’s breach of these Terms and Conditions;

(d) Studio Era’s use of your Customer Content;

(e) a Customer’s breach of duty of care or negligence toward another Customer; or

(f) a Customer behaving in a defamatory, libelous, hateful, aggressive, violent, obscene, unlawful, or offensive way toward other Customers or third parties.

18 - Notice

18.1 Studio Era may provide notice to you via:

(a) email to the email address registered in your Account;

(b) written communication to your postal address as set out in your Account; or

(c) notifications or updates made within the App or Website.

18.2 Customers may provide notice to Studio Era by emailing support@studioera.co.

19 - Assignment

19.1 Studio Era may assign or transfer the rights and benefits under this agreement and sub-contract its obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.

19.2 Studio Era may transfer ownership of the Fitness Products, App, and Website at any time without the consent of the Customer. By agreeing to these Terms and Conditions, the Customer consents to the transfer and disclosure of their personal and sensitive information (including health and financial information) to any purchaser of Studio Era or its business and assets.

20 - Severance

20.1 If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms, and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

21 - Entire Agreement

21.1 These Terms and Conditions constitute the entire agreement between Studio Era and Customers and replace and supersede all other prior agreements, undertakings, or representations between the parties.

22 - Intellectual Property and Ownership

22.1 The App, Studio Era logo and trademarks, Brand, content of the Website, Fitness Products, nutrition guides and e-books, and any materials provided in connection with the App or a program (Studio Era Intellectual Property) will at all times remain the property of Studio Era and are subject to copyright and other intellectual property rights under Australian law, international conventions, and other laws.

22.2 You agree not to copy, publish, or reproduce, in whole or in part, the Studio Era Intellectual Property, except as expressly permitted by these Terms and Conditions.

22.3 Any breach of these intellectual property provisions may result in immediate termination of your access to the App, Website, and Fitness Products, without refund. Studio Era reserves the right to pursue legal action for unauthorised use or distribution of its intellectual property.

23 - Governing Laws

23.1 These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

23.2 All parties hereby submit to the jurisdiction of the Courts of New South Wales, Australia.

23.3 International customers are responsible for ensuring compliance with their local laws. By agreeing to these Terms and Conditions, international customers acknowledge and accept that any disputes or claims related to Studio Era will be governed exclusively by Australian law in the jurisdiction of New South Wales, irrespective of local legal requirements.

24 - Your Acknowledgements and Consents

24.1 By registering an Account, you acknowledge and agree that:

(a) you have read and understood these Terms and Conditions and agree to be bound by them;

(b) you are responsible for all costs incurred by you in connection with your usage of the Fitness Products, e-books, and App on a mobile device, including data usage fees and other telecommunications fees;

(c) you give permission for Studio Era to disclose your personal information in accordance with these Terms and Conditions and our Privacy Policy;

(d) you consent to receiving communications from us, including service-related updates and promotional offers, as outlined in Section 9 (Privacy); however, you may opt out at any time by following the specified instructions; and

(e) you are responsible for ensuring that your payment details are accurate, valid, and up-to-date to maintain uninterrupted access to Fitness Products and subscriptions.

25 - Definitions

25.1 In these Terms and Conditions, the following words have the following meanings:

(a) Account means a Customer's account registered with us through the Website or App;

(b) Studio Era Intellectual Property has the meaning given to it in Section 22.1 above;

(c) Brand means the distinctive appearance, image, goodwill, and reputation that attaches to our Website, App, and all other materials supplied through the Website and App, the Studio Era trademarks, the application of the trademarks, and the Studio Era Intellectual Property to goods, services, and premises, and includes the distinctive image, brand positioning, and customer appeal created by the appearance, layout, general ambiance, and presentation of the Website, the App, and Fitness Products we provide (through the Website and App);

(d) Business Days means any day (excluding Saturdays, Sundays, and public holidays) on which banks are open for business in New South Wales, Australia;

(e) CCA means the Competition and Consumer Act 2010 (Cth) and includes the Australian Consumer Law (ACL);

(f) Claim means all claims, liabilities, debts, costs, expenses, or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions, and causes of actions, including legal fees on a solicitor-and-own-client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;

(g) Customer means any person who registers an Account with us;

(h) Customer Content means any words, images, links, or other content posted by a Customer on the Website, any App, Skool, or any other social media forums;

(i) Fitness Products means all Studio Era-associated fitness and nutrition services and products (including all challenges, programs, workshops, seminars, apparel, equipment, and gift vouchers);

(j) Subscription means a recurring membership plan (e.g., Monthly, Yearly, or Legacy Quarterly) purchased by a Customer to access the App and its features; and

(k) Privacy Policy means the Studio Era Privacy Policy displayed on the Website and App from time to time, which is available here.