RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK
The Member and RBT Members Pty Ltd (ACN 621 857 761) enter into this agreement on the date it is signed by the Member.
RBT agree to provide services through its employees including, but not limited to, fitness training and nutritional advice (Service).
The Member agrees to pay the Total Fee for the Service.
RBT agrees to provide the Service subject to the Member agreeing to the terms of this agreement.
2. Membership and Service
2.1 The Member understands and acknowledges that the Service includes the following:
a) TERM - 16 calendar weeks
b) FEE per week - $37.50 Per week ( if not paid upfront)
c) Club: ONLINE
2.2 The Member acknowledges that its participation in programs provided as part of the Service is at its own free will.
3. Cooling Off Period
This Agreement is subject to a forty eight (48) hour cooling off period
3.1 This Agreement is subject to a forty eight (48) hour cooling off period from the date and time of signing this Agreement. A member may cancel this Agreement in writing and by email to: firstname.lastname@example.org without consequence within 48 hours and any funds paid within those 48 hours will be reimbursed in full within five (5) Business Days. Any cancellations outside of the Cooling Off period must be in accordance with clause 7 herein.
4.1 The Member acknowledges that there are risks involved in all aspects of athletic activities and physical training. These risks include, but are not limited to:
a) falls which can result in serious injury or fatality;
b) injury or fatality due to negligence on the part of the Member, RBT, or third parties;
c) injury or fatality due to improper use or failure of equipment; and
d) strains and sprains,
and the Member acknowledges that any of the risks may result in serious injury or fatality to the Member.
4.2 The Member acknowledges that the Services may involve strenuous exercises and other high exertion activities, and that the Member is not obligated to perform nor participate in any activity the Member does not wish to participate in, and that the Member reserves the right to refuse such participation at any time during participation in the Service.
4.3 In the event the Member feels light-headed, faint, dizzy, nauseated, or experience pain or discomfort, the Member must stop the activity and inform their Coach or email@example.com.
4.4 The Member assumes full responsibility for the risks that the Member is exposing itself to and accepts full responsibility for any injury or death that may result from participation in the Services.
4.5 The Member warrants:
a) it has no physical impairments, injuries, or illnesses that will endanger the Member or others;
b) it is not aware of any medical or physical condition that would prevent the Member from participating in the Services;
c) it has filled out the relevant medical history form, disclosing all previous, and current, injuries and illnesses; and
d) all information provided in the medical history form referred to in clause (d) herein is true and accurate to the best knowledge of the Member
4.6 In consideration of the Member’s participation in the Services the Member, its heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue RBT and/or its members, managers, officers, directors, agents, employees, and affiliated entities from liability, from any and all claims, including any negligence of RBT resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the Services and use of facilities, premises or equipment wherever located and by whomever provided.
5. Fees and Payments
5.1 In return for the Services, the Member agrees to pay:
a) the Total Fee set out in this agreement; and
b) pay the Total Fee as regular payments by direct debit, pursuant to this agreement, using the direct debit service offered by RBT’s preferred supplied as a payment collection agent for RBT (Direct Debit Provider), from time to time (Direct Debit Payments).
5.2 The first Direct Debit Payment will be made on the Billing Commencement Date.
5.3 The Member agrees to any administrative fees associated with setting up and/or facilitating the Direct Debit Payments.
5.4 The Member authorises Direct Debit Provider to debit the nominated bank account or credit card of the Member, pursuant to the relevant direct debit service provided by Direct Debit Provider.
5.5 The Member agrees to notify Direct Debit Provider in the event of any payment detail changes, including, but not limited to, the Member’s nominated bank account or credit card details.
5.6 It is the responsibility of the Member to keep its nominated bank account in funds and to pay all of its own bank fees, including fees which its bank has charged if its account is overdrawn as a result of a Direct Debit Payment.
5.7 If any Direct Debit Payment fails, the Member authorises Direct Debit Provider to either:
a) add the outstanding sum to the next direct debit; or
b) make additional direct debits to recover the outstanding amount.
5.8 In the event a Direct Debit Payment fails, the Member agrees to pay any administrative costs, including, but not limited to, any fees due to Direct Debit Provider related to dishonoured Direct Debit Payments.
5.9 In the event the Member defaults on a Direct Debit Payment and fails to remedy the default after notification by Direct Debit Provider, the Member authorises Direct Debit Provider to notify any debt collection agency of the default.
5.10 In the event debt collection proceedings are commenced, as referred to in clause 5.8:
a) the Member will be liable for RBT’s legal fees, and related costs, and interest; and
b) Direct Debit Provider may, at its sole discretion, terminate this agreement, at which time the full outstanding balance for the remainder of this agreement or payments (including any current arrears) shall be due in full.
6. Membership Transfer and Suspension
6.1 The Member may suspend their rights and payment obligations under this agreement for a maximum aggregate length of four (4) weeks due to:
a) Holiday (travel documents provided);
b) work commitments;
c) illness; or
d) other circumstances, approved by RBT,
per Calendar Year.
6.2 The Member may suspend this agreement, pursuant to clause 6.1 for suspension periods of up to two (2) weeks.
6.3 The Member may only request a suspension of this agreement, pursuant to 6.1, by notice in writing to RBT firstname.lastname@example.org Email,
a) suspension period commencement date;
b) Service re-commencement date; and
c) supporting documentation, if requested by RBT,
at least fourteen (14) days before the requested suspension period commencement date.
6.4 The Member may not make retrospective suspension requests.
6.5 The Member may be required to pay an administrative fee related to the suspension request.
6.6 The Member may not transfer or assign its rights and obligations under this agreement, unless agreed otherwise with RBT.
7.1 RBT does not provide refunds for change of mind.
7.2 The Member retains all rights under the Competition and Consumer Act (2010) (Cth) Schedule 2 The Australian Consumer Law.
8.1 The term of this agreement is 16 weeks from the Billing Commencement Date of this Agreement (Initial Term).
8.2 Following the Term, this agreement will continue, on the same terms and conditions, on a monthly, rolling basis, unless otherwise agreed to following a health audit consultation with RBT.
8.3 In the event:
a) this agreement continues on a monthly, rolling basis, pursuant to clause 7.2; and
b) the Member wishes to terminate this agreement,
the Member must complete the relevant termination request form, which can be requested at email@example.com, once submitted will be regarded as four (4) weeks written notice.
8.4 Subject to clause 8.5, if the Member wishes to terminate this agreement, the Member:
a) will be liable to pay up the remainder of the Total Fee yet to be paid to RBT; and
b) will be liable to pay any outstanding fees due and payable to RBT.
8.5 In the event the Member wishes to terminate this agreement and the Member’s reason for termination is permanent illness or significant physical incapacity, the Member:
c) must provide four (4) weeks written notice to RBT of their request to terminate the agreement; and
d) will be liable to pay up the Total Fee, based on 4 weeks pro rata, to RBT; and
e) will be liable to pay any outstanding fees due and payable to RBT.
8.6 At any time, RBT can terminate this agreement, including the Member’s membership, immediately by giving the Member notice in writing if the Member:
a) Fails to pay fees to be paid under this agreement; or
b) Fails to perform any obligations under this agreement.
8.7 The right to terminate pursuant to clause 7.6 is exclusively reserved for RBT.
8.8 RBT reserves the right to recover any costs and losses under this agreement.
9. Photography/Video/Marketing Release
9.1 During the me, the Member agrees to:
a) be photographed or videotaped by RBT, its employees or contractors; and
b) all images and videos, taken or recorded, pursuant to sub-clause (a) herein, to be used in RBT’s marketing channels, including, but not limited to, Facebook, Twitter, Instagram, and any promotional material.
10. Severability and Jurisdiction
10.1 This agreement shall be governed by and shall be construed in accordance with the laws of Victoria, Australia.
10.2 The provisions in this agreement are intended to be as broad and inclusive as permitted by the laws of Victoria, Australia.
10.3 If any provision of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
11.1 The Member releases RBT from all actions, causes of action, suit, claims, debt, damages, costs and demands at law or in equity or under any statute whether past, present or future and whether made by the Member or persons acting on the Member’s behalf in any way arising out of this agreement.
11.2 The Member indemnifies and undertakes at all times to keep indemnified RBT, its officers, servants and agents against all actions, suits, proceedings, claims, demands, damages, judgments, costs and expenses which are brought against or incurred by any of them and which are in any way connected with this agreement, including, but not limited to, consequential loss and any other claim under any statute or contract.
11.3 This agreement can be used as a bar to any proceedings issued against RBT or claims made against RBT.
11.4 The Member agrees to pay RBT’s legal costs associated with defending any claim made against RBT by the Member or any person on behalf of the Member.
12. Acknowledgment of Understanding and Execution
12.1 The Member acknowledges it has read the terms and conditions in this agreement and understands it is forfeiting substantial rights, including its right to sue.
12.2 The Member acknowledges that it is signing the agreement freely, and voluntarily, and intends, by its signature that this document be a complete and unconditional release of liability to the greatest extent allowed by law.
12.3 The Member, by signing this agreement, certifies that it has fully read and understand the terms of this agreement and will comply with the contents herein .
This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate it in the way described in the agreement. If an automatic debt arrangement is in place. Membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract.
Summary of Terms of agreement:
-This is a minimum term agreement. Once your original term is complete, your agreement will be on a month to month basis.
-If you wish to cancel your agreement any time outside of your original term, you must provide written notice 4 weeks prior to your final training date. firstname.lastname@example.org SUBJECT <Name> ONLINE CANCEL REQUEST
-If you wish to cancel at the end of your minimum term agreement, you must provide written notice to RBT with 4 weeks notice prior to end of initial term date. email@example.com SUBJECT <Name> ONLINE CANCEL REQUEST
-You may only cancel your agreement at any time if you are medically diagnosed that you are unable to exercise for an extended period of time and have sufficient medical documentation from a registered medical practitioner to support this. This will be with 1 week notice firstname.lastname@example.org SUBJECT <Name> ONLINE INJURY CANCEL REQUEST
-All cancellations, must be done in writing and an exit interview with a Result Based Training coach is required to confirm your departure from the online program.
-You can suspend your membership for up to 4 weeks per calendar year.
-If you need to suspend, outside of the 4 weeks period, you can do so by providing supporting documentation outlining an extended period of travel or a medically diagnosed inability to exercise for a period of time.
-You must provide written notice, at least 14 days prior to suspending your membership. You cannot suspend at the beginning, or during a training week.
-If you return to training after an extended hold, and decide you no longer wish to continue, you must still provide the 4 week notice period to cancel as per above.
By clicking the check box that you accept the Terms and Conditions it is understood that you have read and understand these terms and conditions fully.