Terms of service.

Liability and release waiver

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TERMS OF SERVICE

These Terms of Service (the “Terms of Service”) govern all services and products (the “Services”) provided by Enhanced Endurance (“Enhanced Endurance”) including use of http://www.enhanced-endurance.com (the “Site”). By using this Site, you indicate that you have read and understand these Terms of Service and agree to abide by them at all times.

INTELLECTUAL PROPERTY

All content published and made available on our Site is the property of Enhanced Endurance and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. 

ACCEPTANCE

BY SIGNING UP TO A MEMBERSHIP SERVICE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF SERVICE GOVERNING YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT CONTINUE WITH THE PURCHASE OF MEMBERSHIP.

DEFINITIONS

In this agreement:

a) The terms “SPORTS COACHING”, “PERSONAL FITNESS COACHING”, “TRAINING”, and “TRAINING PROGRAM”, include but are not limited to personal training, group personal training, fitness assessments, use of facilities and equipment, observation of athletic activities, speed training, athletics sports conditioning training individually or in groups or teams, Olympic lifting, powerlifting, strength conditioning, plyometric movements, interval training, bodyweight conditioning, skipping, stretching, indoor and outdoor swimming, indoor and outdoor cycling, or indoor and outdoor running. Such activities can take place on athletics tracks or in parks, recreational areas, playgrounds, beaches, car parks, trails and sidewalks, indoor or outdoor gyms, public roads or spaces, or in your own indoor or outdoor premises, home or garden.

b) The term “INJURY” shall refer to all forms of physical, mental and emotional injury in any way related to and training activities including, but not limited to: death, breaks, sprains, lacerations, dislocations, exercise-induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.


 

SERVICES

These Terms of Service apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

Enhanced Endurance primarily provides personal fitness coaching and sports training programs for clients to assist them in training and preparing for goal events. The Services are offered in membership packages specified on our website, which may be updated from time-to-time. With the purchase of a coaching service, you will receive a personalised training plan and personal fitness coaching for the duration of each service. 
 

SUBSCRIPTIONS

Your subscription does not automatically renew. You will be notified before your next payment is due and must authorise that payment in order for your subscription to continue. Clients can cancel at any time.

YOUR RESPONSIBILITIES

You are responsible for:

* reading, understanding, and complying with the Enhanced Endurance Liability Release and Waiver, which can be found at http://www.enhanced-endurance.com/terms-of-service

* communicating honestly and truthfully with Enhanced Endurance;

* disclosing any relevant information to Enhanced Endurance including injuries or medical information;

* continuing to utilise medical professionals as you normally would;

* immediately seeking professional medical attention if you experience illness or medical complications;

* You acknowledge that any information provided by Enhanced Endurance is not medical advice and should not be utilised in lieu of professional medical attention.

* providing accurate payment information;

* making best efforts to maintain scheduling commitments;

* You acknowledge that your program is written for you alone, and that distribution of it to others may result in termination of the Service.

 

ENHANCED ENDURANCE RESPONSIBILITIES

We are responsible for:

* Design and prescription of a personalised training program taking into consideration the client’s current fitness level and future goals.

* To be available via online communication pathways outlined in the membership services to offer support on any sports coaching related matters.

* To reply to online communication within 24-48 hrs (except during public holidays).


 

HEALTH AND SAFETY

It is important that you consider your own health and safety, to ensure that you are suitably fit and well to participate safely in any sports coaching service.

If you are in any doubt as to your suitability to engage in the training program, you should consult your doctor, especially if any of the following apply:

* If you have ever been told you have a heart condition, or feel pain in your chest when you exercise.

* If you take medication for your blood pressure or any other heart condition.

* If you ever lose your balance because of dizziness or pass out/lose consciousness.

* If you have any bone/joint problems that a change in your physical activity could make worse.

* If you know of any other reason why you should not engage in physical activity.

 

You confirm that you have read and understood this information, and have taken the necessary steps to confirm your suitability to participate in the training programs. You also confirm that you are voluntarily engaging in an acceptable level of exercise, and understand that your participation involves a risk of injury.

Enhanced Endurance accepts no liability for any such injury, however sustained.

SOCIAL MEDIA

All posts on our social media pages should be constructive in nature.

Criticising, ridiculing or unsubstantiated allegations will not be tolerated and will be removed.

It is important to celebrate your progress and achievement. We will, on occasion, ask if we can share images and videos of you in training on our social media channels. Posting will never happen without your permission.


 

PAYMENT

All coaching and training program services must be paid for by bank transfer.

You will receive via email an invoice(s) from Enhanced Endurance to arrange payment.

Fees are in $AUD and are payable on receipt of invoice.

All membership amounts set out are exclusive of GST.

All other products or services will be paid for in full when the services are ordered.

 

CANCELLATIONS & REFUNDS

Once a Service is purchased, it is not refundable.

You may cancel your Service at anytime by contacting Enhanced Endurance.

TERMINATION

Enhanced Endurance reserves the right to modify, reject, cancel, or terminate the Services if we deem it inappropriate or if you violate the Terms of Service.

CONSUMER PROTECTION LAW

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.

LIMITATION OF LIABILITY

Enhanced Endurance and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

INDEMNITY

Except where prohibited by law, by using this Site you indemnify and hold harmless Enhanced Endurance and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms of Service.

APPLICABLE LAW

These Terms of Service are governed by the laws of the State of Victoria.

SEVERABILITY

If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.



CHANGES

Enhanced Endurance may make changes to this Terms of Service at any time with or without notice to you.

Any changes will be published to http://www.enhanced-endurance.com/terms-of-service

You are responsible for periodically checking for changes to this Terms of Service.

Your continued use of the Services after publishing changes constitutes your acceptance of any such changes.

DETAILS

Enhanced Endurance (Provider')

ABN 37782110789

___________________("Client')

  1. I __________ HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Enhanced Endurance, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Enhanced Endurance, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.

  2. I agree to abide by the rules of Enhanced Endurance. I am responsible for any damage to the equipment which I may cause due to negligence.

  3. I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.

  4. I acknowledge, agree and represent that I understand the nature of Enhanced Endurance, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity.

  5. By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Enhanced Endurance, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any personal fitness coaching and training, event or other related activities on and off the premises.

  6. Clients involved in any activities offered by Enhanced Endurance may be

    photographed or videotaped during training. I consent to the use of these photographs and/or videos without compensation, on the Enhanced Endurance website, YouTube, Facebook or Instagram page, or in any editorial, promotional or advertising material produced and/or published by Enhanced Endurance.

  7. I give permission for Enhanced Endurance staff and trainers to administer first aid to me should I become injured or ill and Enhanced Endurance deems first aid necessary. I understand that I may withdraw consent to the administration of first aid at any time. I give permission for Enhanced Endurance staff and trainers to seek emergency medical services for me should I become injured or ill and Enhanced Endurance deems emergency medical services necessary, with the understanding that I am responsible for any expense incurred. I understand that I may withdraw consent to contacting emergency medical services at any time before they are contacted. I acknowledge that Enhanced Endurance is released from liability over any steps taken or decisions made by emergency medical services following their arrival, including any decision to treat or transport me to a medical facility.

  8. This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

  9. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Enhanced Endurance, whether by agreement, by operation of law, or otherwise.

  10. This Liability and Release Waiver may be signed physically or electronically pursuant to the Electronic Transactions Act 1999.

  11. I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

    Executed on _______________

    Signature of Client

    Name of Client