1. Ownership
Copyright © 2014 Fit From The Core ABN 48 287 513 698. This copyright notice applies to the websites:
a) http://www.fitfromthecore.com.au
b) http://www.facebook.com/fitfromthecoretraining
c) is owned by Fit From The Core ABN 48 287 513 698.
1.2 Copyright
Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
1.3 Intellectual Property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
2. Definitions
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
2.2 Our, ourselves, us, we, FFTC, refer to Fit From The Core, and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
2.3 Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
2.4 You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents;
2.5 Licence means these terms and conditions for use of this website and its contents;
2.6 One gender includes each other gender;
2.7 The single includes the plural and the plural includes the singular;
2.8 Challenge, Program, Bootcamp means the Fit From The Core 8 Week Bootcamp Challenge (being an 8 week program) incorporating exercise sessions.
2.9 Forum, Facebook Group means the FFTC Facebook Forum for each program group where registered members are able to communicate together;
2.10 Registration means registration to use the website, the bootcamps, personal training, and/or the Forum;
2.11 Website means collectively the websites http://www.fitfromthecore.com.au, and http://www.facebook.com/fitfromthecoretraining and the Challenge, Forum, products and/or services offered or provided by or in the websites.
3. Scope of Licence
By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, nonsub-licensable licence to personally access and use, for non-commercial purposes, the website and the services offered on the website.
4. Use of Website
4.1 These terms and conditions govern your right to use the website and your access to and use of the Forum, the Challenge and/or any products or services acquired in relation to the program or the Challenge and/or the website and/or any links provided on the website to other websites.
4.2 In downloading any content from the website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Challenge and/or the Forum.
4.3 You agree that in downloading any service or product from the website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the website and/or make it available over a network where it could be used by multiple devices at the same time.
4.4 You agree that your use of the website and/or Forum will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
4.5 You agree that in using the Forum, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
4.6 You agree that you will not post comments about the website or Forum, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
5. Your Agreement
In accessing the website, including any and all webpages, Forum, the Challenge and/or the services and products, information, text and images offered or provided on the website, you are deemed to have read and personally agreed to the Terms and Conditions.
6. Eligibility
6.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age (16 years at the youngest) have provided written parental consent. If you are accessing and using the website, the Challenge, or any of the website's services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age (16 years at the youngest) failing to comply with these Terms and Conditions. If you are under the age of 18 you and your parent or legal guardian must sign and submit a ‘Payment Guarantor and Permission to Participate’ form to FFTC on registration.
6.2 Without limitation, the website is available only to individuals that can form legally binding contracts under Australian law.
6.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
7. Website Membership
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the website, the Challenge and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
7.2 Once you register on the website, you will be given access to a "Clients only" email subscription and Forum access.
7.3 Access to the information provided through email subscription and the Forum is for your sole use only.
7.4 Any password or right given to you to obtain access to the "Clients only" email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party.
7.5 We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
8. Forum Membership
8.1 You acknowledge that Forum membership provides for public communications.
8.2 To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum.
8.3 You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the
Forum itself or otherwise, or the website, the Challenge, the Forum and/or the individuals representing the website and/or their employees.
8.4 You will not use the Forum:
a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b) to incite others to conduct the activities described in sub-paragraph
c) to interfere with the lawful and reasonable use of the Forum by others; and
d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration.
9. Model Release
In accepting the terms and conditions of the website, you give FFTC, and its authorised representatives, the right and permission to take photographs and video footage of you during FFTC group training and activities. You grant permission to FFTC and its authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise. This also applies to your “before, during, and after” photographs, UNLESS specifically stated in writing by you (or photographs can be de-identified if you wish).
10. Memberships: Description and Cancellation Process
10.1 Your Fit From The Core membership is an 8 week membership contract period (meaning you cannot cancel your contract until the end of an 8 Week Challenge), and your payments through EziDebit will cancelled by FFTC at the end of each Round if you do not wish to rejoin.
a) During the contract period your contract may be cancelled by completing the following process:
I. Provide a medical certificate and/or statutory declaration as required by FFTC if cancellation is due to a medical condition, injury or pregnancy as described in clause 10.2 (a) of this contract.
II. Provide evidence of relocation and/or statutory declaration as required by FFTC if cancellation is due to relocation more than twenty (20) kilometres away from the FFTC location as described in clause 10.2 (c) of this contract.
III. Finalise any outstanding membership and/or collection fees.
IV. Complete the FFTC Client Cancellation form.
10.2 Your FFTC membership may be cancelled without fee under the following conditions:
a) Medical Conditions and Injury
I. An injury preventing you from training. Please note FFTC requires a medical certificate stipulating exclusion for the entire remainder of the current membership contract period and cancellation will not be actioned until this medical certificate has been received by FFTC (info@fitfromthecore.com.au), examined and confirmed that the injury stated is not a pre-existing injury. You will continue to be responsible for making scheduled payments until such time as your medical certificate is received and actioned by FFTC. Fit From The Core may also request the provision of a Statutory Declaration. Note: providing false or misleading information on a Statutory Declaration is a serious offence.
II. The existence of any other medical condition preventing you from training with FFTC that can be supported by the provision of a relevant medical certificate stipulating exclusion for the entire remainder of the current membership contract period. Cancellation will not be actioned until this medical certificate has been received by FFTC (info@fitfromthecore.com.au), examined and confirmed that the injury stated is not a pre-existing condition. You will continue to be responsible for making scheduled payments until such time as your medical certificate is received and actioned by FFTC. Fit From The Core may also request the provision of a Statutory Declaration. Note: providing false or misleading information on a Statutory Declaration is a serious offence.
b) Pregnancy
I. If you have become pregnant. Please note; FFTC requires a medical certificate stating the confirmation of your pregnancy and stipulating exclusion for the entire remainder of the current membership contract period. Cancellation will not be actioned until this medical certificate has been received by FFTC (info@fitfromthecore.com.au). You will continue to be responsible for making scheduled payments until such time as your medical certificate is received and actioned by FFTC. Fit From The Core may also request the provision of a Statutory Declaration. Note: providing false or misleading information on a Statutory Declaration is a serious offence.
c) Relocation
I. You move to a location more than twenty (20) kilometres from the FFTC training location(s). Please note that FFTC requires verification of this move in the form of a lease agreement, utilities bill at the new address, copy of drivers licence with new address or other document deemed suitable by FFTC administration staff. Cancellation will not be actioned until this documentation has been received by FFTC (info@fitfromthecore.com.au). You will continue to be responsible for making scheduled payments until such time as your documentation is received and actioned by FFTC. Fit From The Core may also request the provision of a Statutory Declaration. Note: providing false or misleading information on a Statutory Declaration is a serious offence.
11. Termination of Membership by FFTC
Fit From The Core reserves the right to terminate this contract in accordance with the following conditions:
a) Failure to abide by rules of use of equipment and/or failure to act in a responsible and safe manner at designated training locations.
b) Action upon a complaint by either another member or an employee or contractor of FFTC
c) Default of scheduled payments for a period of three (3) weeks or more
11.1 Membership Termination Process by FFTC
If, for any reason stated in clause 11, FFTC terminates your membership, the following process will be followed:
a) Advice in writing of pending termination no later than seven (7) days prior to proposed date of termination (except where the reason for termination presents a risk to other clients or FFTC staff).
b) Scheduling of face to face meeting between FFTC Area Manager and client to discuss issues or complaints with the view to resolution by both parties.
c) Return of client’s personal property.
d) Refund of any membership fees will be based on the nature of the reason for membership termination and at the sole discretion of FFTC.
12. Cancellation Charges and Fees
a) All reasons excluding those stated above (Cancellation No Fee) will incur a $150 early cancellation fee in your contract. If you choose to undergo optional surgeries for non-medical reasons and are unable to continue with your training, you will be liable to pay the $150 cancellation fee.
b) Default charges from FFTC’s billing service provider will apply as the penalty for stopping authority on your credit or debit card without acceptance from FFTC. The default charges are outlined in your separate agreement with the billing service provider.
c) Insufficient funds in your account will also attract a penalty fee on each and every occasion a transaction fails. Penalty fees charged will be the default charges stated in your agreement with FFTC’s billing service provider.
13. Package Variation
Changes to package/contract selection:
FFTC offers one package at 3 sessions per week for the price of $59.95 weekly for the entire 8 weeks.
13.1 FFTC does not provide partial contracts. All FFTC contracts are for the entire duration of the round the client has signed for (i.e. 8 weeks). No exceptions will be made. A minimum amount of sessions do not however need to be attended, but you will still be charged the one set price regardless of attendance of training sessions/workshops etc.
o FFTC 3 x sessions per week Program = $59.95/week
Once you have committed to one of these selections the commitment is to the original program chosen unless FFTC agrees to a program swap (e.g. 3 sessions a week to unlimited if this option is available at the time). Changes to programs after registration will only be considered valid if requested in writing via email to info@fitfromthecore.com.au and actioned by authorised FFTC support staff, but no guarantees can be made.
13.2 New Members
The cooling off period applies from registration until the close of business on the first day of a challenge round as advertised and promoted by FFTC. Note that the initial joining fee is non-refundable. After close of business on this day, cancellation fees as described in clause 12 apply.
The cooling off period applies to trial period participants under the same circumstances as participants of a full period challenge and will expire on the close of business on the first day of the trial period. Note: Notification provided to any other person, location or sent to any other email address will not be accepted as valid.
13.3 Re-joining Members
Cooling off period applies until the close of business on the first day of a challenge round as advertised and promoted by FFTC. Note that the deposit paid on rejoin (first week’s training fee) is non-refundable. After close of business on this day, cancellation fees as described in 10.1 and 10.2 apply. Note: Notification provided to any other person, location or sent to any other email address will not be accepted as valid. Only one singlet is provided at the beginning of your first challenge (not for each subsequent challenge participated in), if you wish to purchase another singlet or t-shirt then you can do so through the fitfromthecore.com.au website.
14. Payments
14.1 In purchasing any product or services from the website ("the purchase") you agree to: pay using a valid credit card/debit card (or other form of payment as FFTC may allow);
a) provide FFTC with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required without limiting any of FFTC’s rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
b) FFTC reserves the right to refuse to continue with your purchase, or put on hold or terminate your access to the website, the plan or any of the services or products provided by FFTC at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;
c) You acknowledge that defaulted scheduled weekly payments shall be collected from your nominated account on following Wednesday of each week until such time as the account is returned to a state of currency.
d) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase ("the costs"); and
e) all costs are in Australian dollars unless otherwise indicated.
15. Transaction Charges
Every customer transaction will incur the following transaction fees and charges to be paid by the customer. This is the EziDebit fee for direct debiting your account each week.
Australian Customers
o All programs: $2.50 fee on top of the $59.95 weekly program payment - if direct debiting by BANK ACCOUNT
o All programs: $3.14 fee on top of the $59.95 weekly program payment - if direct debiting by CREDIT CARD (Visa or Mastercard only)
16. Credit/Debit Reporting Agencies
Upon default by the customer in regard to any payment obligation, the customer authorises notification to any debit collection/credit reporting agency of the default. Should this occur then at FFTC’s total discretion, it may terminate the contract at which the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The customer authorises FFTC to add to the outstanding debt an additional amount of 25% of the full outstanding balance (including penalties) to offset FFTC’s expenses reasonably incurred in the collecting of debt and upon the initial referral to the debt collection/credit reporting agency.
17. Warranty/Refund
17.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Challenge and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Challenge and/or the products or services offered by the Website, FFTC provides no warranty as to any results or outcomes associated with using the Challenge, nor in respect of any use of the products or services offered by the Website.
17.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
17.3 At our sole discretion, any claim for a refund will be considered on a case by case basis and FFTC reserves the right to either provide you with a refund once the case is reviewed, or refuse your claim.
17.4 Be aware that your joining fee or re-joining fee (for each consecutive round) of $59.95 (or other promotional joining fee as advertised by FFTC) is non-refundable. Due to the high demand of clients this joining fee does not secure your spot in the next Fit From The Core Challenge, only the current challenge. If FFTC decides the challenge you have registered for will not go ahead for any reason then your joining fee will be refunded in full.
18. Medical Disclaimer
18.1 We are not a medical organisation and FFTC do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Website/Forum/Challenge or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
18.2 You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Challenge/Forum and/or its products and services. FFTC encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Challenge and/or its products or services.
18.3 In relation to the Challenge, you are responsible for making your own enquiries about your ability to participate in any exercise sessions provided and obtain your own medical advice concerning this issue and we shall not be responsible for any injury or health problem that may, or could arise, from your participation in any exercise sessions and/or the Challenge.
18.4 You agree that neither FFTC nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Challenge or its products and services, is at your sole risk.]
19. Express Assumption of Risk
19.1 By agreeing to the terms and conditions of the Website you acknowledge and accept that there are significant risks involved in all aspects of athletic activities and physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of yourself, your training partner, or other people around you; injury or death due to improper use or failure of equipment; strains and sprains. You are aware that any of these above mentioned risks may result in serious injury or death to yourself. You understand that the training may involve weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that you are not obligated to perform nor participate in any activity that you do not wish to do, and that it is your right to refuse such participation at any time during your training session. You understand that should you feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, you are to stop the activity and inform your trainer. You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death that may result from participation in any activity, or under direction from a representative of FFTC.
19.2 You acknowledge & understand it is your choice to undertake activities on beaches, roads, park grounds, sandy soil and water without footwear and accept full responsibility for any injury arising from doing so.
20. Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
21. Our Rights to Modify Services
21.1 You acknowledge that FFTC are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
21.2 FFTC will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the website.
22. Increase in fees
FFTC may at any time after the minimum term, upon sending written notice to the customers last known email address or postal address and giving a minimum of 14 days’ notice, increase the instalment amount. If the customer wishes to terminate the contract as a result of this increase, the customer has the right to do so if they notify FFTC in writing to info@fitfromthecore.com.au within 14 days of the date of written notice being sent to them from FFTC. The contract will be terminated upon receipt of this notice. If the customer does not notify FFTC of the intention to terminate the contract as a result of the fee increase within the specified timeframe, then the contract will remain in force and the increase in instalment fees will be deemed to have been accepted by the customer.
23. Breach of Contract
The customer and FFTC each hold reciprocal rights of termination for a material breach of any term or condition of Contract. The Contract will be terminated upon receipt of written notice outlining the relevant breach.
24. Change of Address and Location
a) If you move to a permanent address within 20 (twenty) kilometres of an alternative FFTC location (if applicable), a transfer fee of $30 will be applied. This transfer of location is subject to availability at the new location and must be approved by both the new location manager and FFTC Head Office.
b) Any transfer to a new FFTC location must be as a result of change of residence or employment.
c) Change of location (if within 10kms of the previous location) or ownership or Management does not absolve the customer of responsibilities under the terms and conditions of contract.
d) No program contract is transferrable to any other current or past FFTC member.
25. Jurisdiction
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
26. Indemnity
26.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
26.2 You shall indemnify us from any claim, liability, costs and/or expenses arising from any injury or health problems that could or may arise from your participation in the Challenge and its exercise sessions.
26.3 You are liable for all content posted by you on the Forum.
26.4 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the website or that by your actions of conduct.
26.5 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
27. Privacy
27.1 We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
27.2 We will manage your personal information in accordance with the requirements of Australian laws.
27.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
28. General
a) Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
