Mens Energy Optimisation Program - IMPORTANT TERMS

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TRAINING AGREEMENT

MENS OPTIMISATION AGREES TO PROVIDE YOU WITH PERSONAL FITNESS TRAINING & WELLNESS SERVICES ON THE TERMS & CONDITIONS OF THIS AGREEMENT.

YOU AGREE THAT AS A CONDITION OF THIS AGREEMENT YOU MUST:

(I) HONESTLY, ACCURATELY AND PROMPTLY PROVIDE Mens Optimisation WITH ALL INFORMATION THAT IT ASKS FOR ABOUT YOUR HEALTH AND WELLBEING (PAST AND CURRENT).

(II) KEEP MENS OPTIMISATION INFORMED OF ANY CHANGE IN YOUR HEALTH OR WELLBEING THAT COULD AFFECT YOU DURING TRAINING, INCLUDING ANY PAIN OR DISCOMFORT THAT OCCURS D  URING A TRAINING SESSION.

(III) NOT TRAIN IF YOU ARE ILL OR INURED.

(IV) FOLLOW THE REASONABLE DIRECTIONS OF YOUR COACH AND THE GUIDELINES WITHIN THE PROGRAM DURING YOUR TRAINING EXPERIENCE. YOU MUST INFORM YOUR COACH IF YOU FEEL UNWELL OR FEEL THAT YOU CANNOT COMPLETE ANY EXERCISE.

(V) BE RESPONSABLE FOR HOW YOU CONDUNT YOURSELF DURING EXERCISE, AND STAY WITHIN YOUR BOUNDRIES IN TERMS OF WHAT YOU’RE PHYSICALLY CAPABLE OF.

(VI) COMPLY WITH THE GUIDELINES OF THE PROGRAM AND THE TERMS OF YOUR MEMBERSHIP.

MENS OPTIMISATION MAY REASONABLY REFUSE TO CONTINUE COACHING YOU IF IT BELIEVES:

(I) YOU ARE ILL OR INJURED;

(II) THAT TRAINING MAY CAUSE YOU ILLNESS OR INJURY; OR

(III) YOU ARE NOT IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT OR ANY OTHER AGREEMENT YOU HAVE WITH MENS OPTIMISATION.

TAINING SESSIONS

MENS Optimisation has DESIGNED EXERCISE PROGRAMS IN PREPARATION FOR INDIVIDUAL TRAININGSESSIONS.

(B) MENS OPTIMISATION WILL PROVIDE GUIDANCE ON PROPER TRAINING TECHNIQUE FOR EXERCISES CONDUCTED DURING TRAINING SESSIONS.

(C) EACH TRAINING SESSION RUN FOR APPROXIMATELY 45-90 MINUTES.

FEES & PAYMENT

YOU AGREE TO PAY TO MENS OPTIMISATION WEEKLY either upfront or in instalments using the afterpay system.

(B) Mens Optimisation, with your concent, will charge you the agreed ammount for the program.

(C) YOU MUST agree to these terms and conditions to AUTHORISE Mens Optimisation TO DEDUCT the fees FROM YOUR BANK OR CREDIT CARD.

(D) Mens optimisation MAY REASONABLY REFUSE TO PROVIDE TRAINING TO YOU IF YOU HAVE NOT PAID THE REQUIRED FEES

ATTENDANCE, CANCELLATION & REFUNDS

It is your responsibility to show up for the activities and training session within this program.

1. There is a 30 day money back guarantee, whereby if you are not satisfied with the program you may request a refund of your initial investment in the program. this can be done through an email to fergbaker.training@gmail.com

CONTACTING MENS OPTIMISATION & PRIVACY

YOU MAY DIRECT ALL NOTICES AND ENQUIRIES TO MENS OPTIMISATION AT:

EMAIL:​ fergbaker.training@gmail.com

PHONE:​ 0432 303 525

YOU MAY OBTAIN A COPY OF MENS OPTIMISATIONS PRIVACY POLICY BY REQUESTING A COPY IN WRITING USING THE EMAIL ABOVE.

 

 

  

 

 

GENERAL CONDITIONS

1 LIABILITY & INDEMNITY

1.1 YOU UNDERTAKE TRAINING AT YOUR OWN RISK, AND ACKNOWLEDGE THAT TRAINING IS A PHYSICALLY DEMANDING PURSUIT THAT MAY CAUSE INJURY IF DONE INCORRECTLY.

1.2 YOU ACKNOWLEDGE THAT YOU ARE IN GOOD HEALTH AND PHYSICALLY ABLE TO PARTICIPATE IN THIS PROGRAM.

1.3 YOU ACKNOWLEDGE THAT YOU ARE INDAPENDANTLY responsible FOR YOURSELF DURING THE SESSIONS AND ACTIVITIES WITHIN THIS PROGRAM.

1.4 YOU AGREE THAT THE OWNER IS NOT AND CANNOT BE RESPONSIBLE FOR YOUR PERSONAL ACTIONS OR ANY OTHER PERSONs actions while partaking in the practices within this program, AND IS NOT LIABLE FOR SUCH UNDER ANY CIRCUMSTANCES.

1.5 YOU AGREE TO INDEMNItY  FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT mens optimisation MAY SUFFER OR INCUR AS A RESULT OF YOUR NEGLIGENCE, FRAUDULENCE OR RECKLESSNESS, AS WELL AS ANY BREACH BY OF THIS AGREEMENT.

1.6 IN NO CIRCUMSTANCES WILL mens optimisation BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF PROFITS, GOODWILL, BARGAIN OR OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS OR ANY OTHER SIMILAR OR ANALOGOUS LOSS RESULTING FROM YOUR PARTICIPATION, OR INABILITY TO PARTICIPATE, IN TRAININGWHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, IN EQUITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT mens optimisation KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, TO BUSINESS INTERRUPTION OF ANY TYPE, WHETHER IN TORT, CONTRACT OR OTHERWISE.

1.7 CERTAIN RIGHTS AND REMEDIES MAY BE AVAILABLE UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND MAY NOT BE PERMITTED TO BE EXCLUDED, RESTRICTED OR MODIFIED.  APART FROM THOSE THAT CANNOT BE EXCLUDED, mens optimisation AND our RELATED ENTITIES EXCLUDE ALL CONDITIONS AND WARRANTIES THAT MAY BE IMPLIED BY LAW.  TO THE EXTENT PERMITTED BY LAW, WTF’S LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED IS RESTRICTED, AT WTF’S OPTION TO 1) THE RE-SUPPLY OF SERVICES OR PAYMENT OF THE COST OF RE-SUPPLY OF SERVICES; OR 2) THE REPLACEMENT OR REPAIR OF GOODS OR PAYMENT OF THE COST OF REPLACEMENT OR REPAIR. 

2 INTELLECTUAL PROPERTY

2.1 Mens optimisation HAS MORAL, REGISTERED AND UNREGISTERED INTELLECTUAL PROPERTY RIGHTS IN ITS TRADEMARKS, WEBSITES, SYSTEMS, PROCESSES, MANUALS, PROGRAMS AND OTHER BUSINESS MATERIALS. YOU AGREE THAT YOU SHALL NOT COPY, ALTER, USE OR OTHERWISE DEAL IN THE MARKS WITHOUT THE PRIOR WRITTEN CONSENT OF mens optimisation.

3 CONFIDENTIAL INFORMATION

3.1 mens optimisation AGREES TO KEEP ALL YOUR PERSONAL INFORMATION (INCLUDING CONTACT DETAILS, HEALTH AND MEDICAL HISTORY) IN THE STRICTEST CONFIDENCE AND NOT TO DISCLOSE SUCH INFORMATION WITHOUT YOUR EXPRESS WRITTEN CONSENT.

4 GENERAL

4.1 PHOTOS/ testamonials. DURING THE COURSE OF THE TRAINING, we MAY ask for YOUR CONSENT, To receive PHOTOS OF YOU TO EVIDENCE YOUR PROGRESS. This is not mandatory. If you agree to share this material with us, then THESE IMAGES and videos MAY BE USED FOR MARKETING & PROMOTIONAL PURPOSES, HOWEVER YOUR NAME AND FACE SHALL NOT BE SHOWN WITHOUT YOUR WRITTEN PERMISSION.

4.2 AGE. YOU MUST BE OVER THE AGE OF 18 TO RECEIVE TRAINING UNLESS mens optimisation HAS THE WRITTEN CONSENT OF YOUR PARENT OR LEGAL GUARDIAN IN A FORM ACCEPTABLE TO mens optimisation.

4.3 NOTICES. mens optimisation WILL NOTIFY YOU IN WRITING OF ANY CHANGE TO ITS CONTACT DETAILS. mens optimisation  WILL SEND YOU NOTICES AND OTHER CORRESPONDENCE TO THE CONTACT DETAILS YOU SUBMIT TO mens optimisation  FROM TIME-TO-TIME. IT IS THE YOUR RESPONSIBILITY TO UPDATE ITS CONTACT DETAILS AS THEY CHANGE.

4.4 SPECIAL CONDITIONS. THE PARTIES MAY AGREE TO ANY SPECIAL CONDITIONS TO THIS AGREEMENT IN WRITING.

4.5 DISCLAIMER.  EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION, WARRANTY OR STATEMENT MADE BY ANY OTHER PARTY, OTHER THAN AS SET OUT IN THIS AGREEMENT.

4.6 ELECTRONIC EXECUTION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS BINDING UPON EACH PARTY IF EXECUTED DIGITALLY AND CONVEYED BY ELECTRONIC COMMUNICATION.

4.7 WAIVER. NO CLAUSE OF THIS AGREEMENT WILL BE DEEMED WAIVED AND NO BREACH EXCUSED UNLESS SUCH WAIVER OR CONSENT IS PROVIDED IN WRITING.

4.8 TIME.  TIME IS OF THE ESSENCE IN THIS AGREEMENT.

4.9 SEVERABILITY.  ANY CLAUSE OF THIS AGREEMENT, WHICH IS INVALID OR UNENFORCEABLE IS INEFFECTIVE TO THE EXTENT OF THE INVALIDITY OR UNENFORCEABILITY WITHOUT AFFECTING THE REMAINING CLAUSES OF THIS AGREEMENT.

4.10 GOVERNING LAW.  THIS AGREEMENT IS GOVERNED BY THE LAWS OF QUEENSLAND, AUSTRALIA  EACH OF THE PARTIES HEREBY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF COURTS WITH JURISDICTION THERE.