Terms and Conditions
This Agreement consists of these Terms and Conditions, any dietary or food plan, any weight or training program (“the Program”) provided by Dimi Poulos Strength & Fitness (known as “we”, “our”, or “us”) to you (the person signing this agreement and known as “you” or “the Customer”), any waiver you agree to and any other agreement which we agree forms part of the Agreement.
- Provision of Services (a) From the date you sign this Agreement, we agree to provide you with a non-exclusive, non-transferrable licence (“the Licence”) overthe Programfor the Price
- Your Warranties (a) You warrant that:
- i. You are at least 18 years of age.
- ii. You do not have a moderate or high medical/injury risk.
- iii. You know of no medical or other reason why you are unable or should not partake in active or passive exercise.
- iv. You are solely responsible to carry out the advised physical activity in a safe and appropriate environment and agree to abide by all regulations in the space you chose to carry out the advised physical activity.
- v. You will follow all instructions provided by the Program with due care and skill.
- vi. You will keep your safety as a paramount concern when following instructions provided by the Program.
- vii. You have sought proper medical advice if you have suffered from or continue to suffer from a heart condition.
- viii. You do not have high or low blood pressure.
- ix. You do not have lower back, upper back and/or neck pain.
- x. You do not have hip pain.
- xi. You do not have joint pain.
- xii. You do not have arthritis.
- xiii. You do not have diabetes.
- xiv. You do not have anxiety/depression.
- xv. You do not have respiratory illness.
- xvi. You do not smoke.
- xvii. You are not pregnant.
- xviii. The instructions of the Program, where contrary to any medical advice received, are not adhered to.
(b) You understand and agree that the activities we facilitate in the Program have an inherent risk of injury/death caused by the activities we facilitate and you may experience the following:
- i. Light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain in the body, discomfort, fatigue, nausea, health failure etc; and
- ii. All manner of injury resulting from slipping or falling, jumping, skipping, running, walking, lifting, climbing and impacting against the floor, walls, equipment (including dumbbells, bars, medicine balls etc) or other people around you.
(c) If you experience any pain, dizziness, headache, chest discomfort, anything described in clause 7(a) or feel unwell generally, you must stop exercising immediately and seek medical attention.
(d) You agree to indemnify us against all actions, claims, proceedings, demands, liability, losses (including death), damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against us, sustain or incur as a direct or indirect result of any one or more of the following:
- i. Your participation in the Program;
- ii. Your use of the Licence;
- i. Any loss of enjoyment or disappointment in the Program.
- ii. Property damage or personal injury to any third party resulting from your use of the Licence over the Program; and
- ii. Breach of your warranties or obligations under this Agreement.
(e) You indemnify us against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against us as a result of this Agreement, the Program or the Licence.
(f) It is your sole responsibility to evaluate the accuracy, completeness and usefulness or all opinions, advice, services, merchandise and other information provided on or through the suite or on the internet generally.
- Price and Payment
(a) Where payment is via direct debit through the third-party provider of our choice, you agree to pay the instalment amount at the agreed payment frequency for the term of the Agreement. You may alter the payment frequency with the third-party direct debit provider by requesting a change directly to the third-party direct debit provider. Any changes made shall not affect the total amount of money you would otherwise be required to pay. Should there be any payments arrears, you authorise the third-party direct debit provider to debit the outstanding balance in order to bring the account up to date.
(b) You authorise the third-party direct debit provider to add any fees owing with regard to administration fees or late payment fees. You acknowledge that the third-party direct debit provider is entitled to store your personal information, which can be amended in accordance with the Privacy Act 1988 (Cth).
(c) In accordance with this Agreement, you acknowledge that you have read, understood and agree to the terms and conditions of the third-party direct debit provider.
(d) We will charge you the Price for the Licence:
- i. As indicated on invoices provided to you;
- ii. As per a written quote; or
- iii. As advertised.
(e) The payment term will be seven (7) days from the date of the invoice or as otherwise agreed.
(f) Payments will be made by Cash, Cheque, Bank Cheque, Direct Credit (EFT) , Credit Car (plus surcharge of up to three percent (3%) of the invoiced amount, or four and one half percent (4.5%) of the invoices amount if payment is made by American Express card, or any other method as agreed to between the Customer and us, in writing.
(g) We reserve the right to change the Price at any time.
(h) If you do not pay within the payment term, you agree that we may:
- i. Charge interest until the date of payment at rate of ten (10%) per annum.
- ii. Charge an administration fee of the greater of ten (10%) of the amount overdue or $200.00;
- iii. Revoke the Licence.
- The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Act (“FTA”)
(a) Under the CCA, we guarantee that our Program is:
- i. Provided with due care and skill;
- ii. Supplied within a reasonable time; and
- ii. Accurately described on our website and other marketing tools.
(b) You agree that the Program is instructional/advisory only and we cannot guarantee fit for purpose of your specific circumstances.
(c) Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA.
(a) We are committed to protecting your privacy and any personal information we collect so we can comply with the Privacy Act 1988 (Cth).
(b) We may have access to your personal information which may include your name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, payment history, medical history and sensitive information.
(c) We will use your personal information for the following primary purposes:
- i. To provide the Program and fulfil obligations under this Agreement;
- ii. To provide information about products, service and/or special offers toyou;
- iii. To obtain opinions or comments about products and/or services;
- iv. To record statistical data for marketing analysis.
(d) We may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
(e) We may employ other companies or service providers to assist us in providing our Program, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
(f) We may disclose personal information as required by law or is necessary to protect our rights or property or any member of the public.
- Intellectual Property
(a) The Customer acknowledges and agrees that wehave full intellectual property and copyright ownership of the Program which includes the text, graphics, pictures, sound files, video files, structure and sequence of physical activity advised in the Program.
(b) Your purchase of the Programconfers on you a non-exclusive, non-transferrable Licence to use the Program for your own personal benefit.
(c) The terms of the Licence are as follows:
- i. You cannot modify the Program including but not limited to removing watermarks;
- ii. You cannot sell the Program;
- iii. You cannot give the Program for any reason (including financial and non-financial benefit) to any third party;
- iv. You cannot copy or record or stream the Program;
- v. You cannot recreate the Program;
- vi. You cannot use the Program for commercial or business use;
- vii. You cannot derive financial benefit from the Program;
- viii. You cannot represent yourself as the owner of the Program;
- ix. Unless without our express authority, you cannot upload or share the Program (or any part thereof) online including but not limited to YouTube, Facebook, Twitter, Instagram and other social media;
(d) If you breach the terms of the Licence, we reserve the right to:
- i. Revoke this Licence for any reason without notice to you; and
- ii. Seek to recover damages suffered and account of profits as a result of your breach of the Licence and you agree to indemnify us for same including costs on an indemnity basis.
(a) Unless otherwise stated, all payments include goods and services tax (GST).
(b) We may assign this Agreement or any rights hereunder without your consent.
(c) This agreement is effective and binding on your heirs, next of kin, executors, administrators, assigns and representatives.
(d) This agreement does not and shall not be construed to create a partnership, joint venture or any other relationship between the parties hereto except the relationship of Licensee and Licensor of the Program.
(e) If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
(f) Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any of these provisions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
(g) Unless otherwise stated, the service we may provide is provided in compliance with New South Wales law. For any action at law or in equity relating to the provision of these membership terms and conditions, you agree to resolve any dispute you have with us exclusively in a court in New South Wales and to submit to the personal jurisdiction of these courts for the purpose of litigating all such disputes.