Online Coaching - Terms and Conditions
ONLINE COACHING PROGRAMS – TERMS AND CONDITIONS
Any online program that you subscribe to with Campaign Fitness is subject to these terms and conditions of that program. We encourage you to read and understand these terms and conditions because they explain what each of Koach Keith and you are responsible for, and are designed to protect you as well as me. By checking the ‘I agree’ box, you are agreeing to be bound by these terms.
The programs we currently offer are:
CAMPAIGN FITNESS ONLINE COACHING PROGRAM (DIAMOND)
|Here's what's included**|
CAMPAIGN FITNESS ONLINE COACHING PROGRAM (GOLD)
|Here's what's included*:|
Your Program is provided by Little Tree Big Tree PTY LTD. Any reference to “the Program Providers”, “we”, ”our”, “us” or similar words throughout this agreement includes each of those entities and their directors, employees, agents, presenters, associates, successors and assigns.
- By joining the Program you get access to the portal and all inclusions for 24 weeks. Your access to the portal and all included additional services will come to an end at the end of 24 weeks.
- You confirm that you are 18 years of age or over and have read and understood and agree to the terms of this document including the release, disclaimer and indemnity.
- You will be provided with access to our private forum. This is not to be shared with others. Your membership gives access to the private forum and all resources contained in that forum.
- We reserve the right to change or substitute components of the program at any stage with alternatives that we feel will be of equal or greater value to you.
- Your membership is not transferable. It cannot be sold or given to another person.
- Individual components of the Program are not redeemable, transferable, or interchangeable if you are unable to use them during the term of your membership.
Health and Safety
7. Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health. Specifically, you should NOT participate in this program if you are pregnant or you suffer with neck or back issues/ other health issues.
8. Whilst all reasonable endeavours are made to ensure that the activities recommended by the Program Providers are safe, our activities carry some inherent risks. In particular, training carries the risk of incurring all manner of personal injuries.
Such injuries may arise from:
- executing strenuous moves;
- incorrect usage of equipment or techniques by you;
- fatigue, pain, frustration, and/or anxiety; or
- physical exertion and increased heart rate.
This list is not exhaustive, and there are other risks you may not have anticipated which may result in injury, illness or death.
Release, Disclaimer & Indemnity
9. By enrolling in the program you acknowledge and agree that:
a) The Program Providers will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in the Program or any activities suggested by the program (collectively referred to as “Program Activities”) including any loss, damage or injury which might be caused by the negligence of the Program Providers.
b)You RELEASE the Program Providers from any and all liability for any loss, damage, injury or expense suffered by you or your next of kin, resulting from your participation in Program Activities.
c) You will INDEMNIFY and hold the Program Providers harmless against any and all liability for personal injury, or property damage suffered by you or any third party as a result of your participation in Program Activities.
d) You ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in Program Activities including but not limited to personal injury, illness, negligence economic or property loss, even if such risks are caused or contributed to by the negligence of the Program Providers.
10. Unless specifically notified otherwise, the Program Providers are qualified through experience, and do not hold third party qualifications or certifications to provide health, dietary, nutritional or exercise advice, or advice in respect of any regulated industry. You should seek specialist advice suitable to your circumstances if you have any concerns regarding your health before, during or after your participation in a Program.
11. The Program Providers are not responsible for any services contracted or provided by third party suppliers, such as competition organisers, and do not guarantee any services provided by third party suppliers.
12. You release forever the Program Providers from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through the Program for any competition or other purposes, to the fullest extent permissible by law.
13. You agree to keep your Program username and password secure and not to share access to the Program website with anyone who is not a member of Campaign Fitness community.
14. You are solely responsible and liable for any loss or damage to the Program Providers arising out of the use of your membership details or portal access.
15. Every participant’s results will vary depending upon their personal participation. You understand that your individual success will be determined by your own desire, dedication, effort and motivation to work and follow the program. You agree not to hold the Program Providers and other members of the Program liable or accountable in any way for any failure of the service to live up to your expectations.
16. You acknowledge that as with any endeavour there is no guarantee that you will achieve particular results as a result of your participation in the Program.
17. If you are part of the Competition Preparation program, we may suggest competitions to you. You take full responsibility for arranging and confirming your entry, attendance and participation in the competition of your choice.
18. As a condition of your participation in the Program, you warrant that you will not use our website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of our website. You agree not to hack into areas of the website that are not intentionally made available by us.
Having Your Say
19. We expect you to show common courtesy and respect when participating in The Sports Model Project community. If commenting on our social media, the same expectations apply. In case you do not know what that means, we’ll spell it out.
20. As a member you will have access to participate as part of the community in the forum. You agree to use community services only to post, send and receive messages and material that are proper and related to the particular service we provide. By way of example, and not as a limitation, you agree that when using our website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
- Post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents.
- Upload any material that has been altered to remove proper legal notices.
- Download any material posted by another user that you know, suspect or reasonably should know, cannot be legally distributed in such manner.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless we provide a particular forum for those messages.
- Conduct or forward spam, surveys, contests, pyramid schemes or chain letters.
- Restrict or inhibit any other user from using and enjoying our website services.
- Violate any code of conduct or other guidelines which we proscribe.
- Violate any applicable laws or regulations.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
21. Material uploaded to any part of our website may be subject to stated limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations if you download the materials.
Posting Your Personal Information
22. Always use caution when giving out any personally identifying information about yourself or your children anywhere on the internet. We do not control or endorse the content, messages or information found in any part of our website where users are able to contribute their own posts and material. We specifically disclaim any liability with regard to those parts of our website and any actions resulting from your participation in using those parts of our website. Managers and hosts of forums and blogs are not authorized spokespersons for The Sports Model Project and their views do not necessarily reflect those of the Program Providers.
Monitoring Of Communication Services
23. We are not obligated to monitor the posts and materials published by members of the public on our website. However, we reserve the right to review materials that are posted and to remove any materials at our sole discretion. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Materials Posted On Communication Services
24. We do not claim ownership of the materials you (including feedback and suggestions) posted on any of part of our website. However, by posting any information or material you are granting us, our affiliated companies and necessary sub-licensees permission to use your information or material in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name in connection with your information or material. No compensation will be paid to you with respect to that use of your material or information.
25. We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all of the rights necessary for you to post that material or information.
26. We reserve the right, in our sole discretion, to terminate your access to this website and the related services or any portion of it at any time, without notice. If your membership is terminated, the following provisions will apply.
- Any membership fees you have paid to that time will not be refunded.
- As of the date of termination you no longer have access to the Membership services.
- We are under no obligation to provide you any further information regarding the Membership Program.
Privacy, confidentiality and intellectual property
27. We respect your privacy and must insist that you respect the privacy of fellow Program members. You agree not to violate the privacy of any participant in the Program.
28. You agree that any confidential information shared by Program participants or the Program Providers is confidential and proprietary, and belongs solely and exclusively to the person or entity that discloses it.
29. You agree not to disclose confidential information to any other person or use it in any manner other than in discussion with the Program Providers or other Program participants in the forum.
30. You acknowledge that any confidential information shared by you during the program is done so at your own risk, and you waive any right to seek recourse from the Program Providers for any loss or damage suffered as a result of sharing that information.
31. You agree that all intellectual property rights in the materials and processes used to provide the services to you are our intellectual property. We agree that you can use those materials and processes to make best use of the services we provide to you, but you have no authority to use those materials or processes for any other purpose, including for commercial purposes or giving them away to others.
32. You agree not to infringe the copyright, patent, trade mark, trade secret or other intellectual property rights of any Program participant or the intellectual property rights of the Program Providers.
33. You acknowledge that your membership of the Program does not give you the right to represent (whether expressly or implied) or hold out to any person that you are a representative, agent, employee, partner or in any way connected with the Program Providers or other Program members.
Payment of fees
34. You may be allowed to pay for your Program membership with a deposit, in 24 equal weekly installments, 12 fortnightly installments, 6 monthly installments or in one up-front payment. If paying by way of weekly fortnightly, monthly installments, you agree to pay all installments payments on a timely basis. You agree that if you join the Program you are responsible for full payment of fees for the entire program, regardless of whether you actually attend or complete the program. The full value of this program is provided to you by way of access to the Program website upon joining.
35. You agree to pay the full amount of the Program and not to cancel this transaction with your bank or credit card company. If there is a problem you agree to promptly contact the Program Providers to resolve it.
36. If your circumstances change and you are unable to complete the Program, there will be no partial refunds.
37. If any account remains overdue after 7 days then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) will be charged for administration fees which sum will become immediately due and payable.
38. Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (and such interest may compound monthly) after as well as before any judgment.
39. In the event that any payment is dishonoured for any reason you may be liable for any dishonour fees incurred by the Program Providers, as well as any costs and disbursements incurred by the Program Providers in pursuing the debt (including legal costs on a solicitor and own client basis and the Program Provider’s collection agency costs).
40. If at any time you are in breach of any obligation (including those relating to payment) the Program Providers may suspend or terminate the provision of the Program and membership blog access to you and any of our other obligations under this agreement. We will not be liable to you for any loss or damage you may suffer because we have exercised our rights under this clause. Any suspension imposed as a result of your breach of obligation will not extend the term of your membership beyond the original membership term.
41. Without prejudice to the Program Providers’ other remedies at law, the Program Providers will be entitled to cancel all or any part of your membership of the Program and all amounts owing to the Program Providers if you fail to make payments when due.
Expenses NOT included in the Program
42. Expenses NOT included in program include all costs and expenses related to your participation in the Program including but not limited to recommended food purchases. You accept full responsibility for all costs associated with your participation in any competition.
Direct Debit Payments
43. By providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your authorised account held at your financial institution (“account”). You should refer to the enrolment terms and conditions and this agreement for the terms of the arrangement between us and you.
44. If the debit day falls on a day that is not a banking day (a day other than a Saturday or a Sunday or a public holiday listed throughout Australia), we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
45. You may change, stop or defer a debit payment by providing us with at least seven (7) days’ notification by contacting us or arranging it through your financial institution, which is required to act promptly on your instructions. You will be responsible for all outstanding payments subject to the terms and conditions of your enrolment.
46. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the agreement. If there are insufficient clear funds in your account to meet a debit payment, you:
- may be charged a fee and/or interest by your financial institution
- may also incur fees or charges imposed or incurred by us
- must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
47. You should check your account statement to verify that the amounts debited from your account are correct. Dispute If you believe that there has been an error in debiting your account, you should notify us directly at firstname.lastname@example.org as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
48. We may update these terms and conditions from time to time and will provide 30 days notice to you of any changes that apply to you.
49. Any time or other indulgence granted by either party it will not in any way amount to a waiver of any of rights or remedies that party is entitled to under this agreement.
50. This agreement is governed by the laws of New South Wales and you agree to be subject to the jurisdiction of the courts of NSW if there was such a serious dispute between the parties.
51. If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
52. If we provide the services to you, you agree to these terms. You will not be able to gain access to online training without checking the ‘I agree’ box.