The Fearless Training Client Agreement and Liability Release

Upon accepting this Client Agreement and payment of the Service Fees, you will be deemed to have automatically accepted this Client Agreement and all the terms and conditions set forth herein. If you wish to decline this Agreement or any term or condition, you must exit online form. No refunds issued after this agreement is accepted.

Fearless Training Affiliate Service Providers: Alex Connor, Nick Jones, Ash Galloway

CLIENT agrees to not download or redistribute material from the Fearless Training United Academy for any purposes. Discovery so such activities will result in instant closure of an account and/or termination of any coaching programs. Should this happen to you, can you appeal this process by emailing alex@fearlesstraining.org

With any purchase, CLIENT hereby acknowledges that all files delivered are exclusively for the use of CLIENT. Resale or modification of any files here within is strictly prohibited.

Personal Training Packages

1. You must be over the age of 18 years to participate in any of our PT packages.

2. By signing up for one of our PT packages, you confirm that you have read and understood and agree to these terms and conditions including our release, disclaimer and indemnity.

3. Individual components of a PT package are not redeemable, transferable, or interchangeable if you are unable to use them during the term of your chosen package.

4. PT package sessions must be booked in advance and are available between 9.00am and 5.00pm at promoted locations, unless specified otherwise.

5. We currently make PT packages available in the Gold Coast, EMF Performance Centres. All PT sessions in your package will be delivered at the agreed location with your coach.

6. It is your responsibility to arrive before your booked personal training session and to be ready to start at the time your session is due to commence. Session times will not be extended if you are running late.

7. Whatever PT package you purchase, it is your responsibility to make the best use of the number of sessions available. The number of available sessions expire and re-set every week. Missed sessions will not be rescheduled for a later week.

8. If you are unable to attend a session due to special circumstances (wedding, funeral, sick kids etc.), no later than 48 hours prior to your booking you may request a replacement session the same week. There is no guarantee that session will be able to be moved to a new time that week.

Health & Safety

9. Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health.

10. You are responsible for ensuring that you are physically fit and in a condition that will allow you to participate fully in any PT sessions.

11. You should not participate in our PT sessions if you suffer any physical or health issues that may be badly affected, or against the advice of your health practitioner.

12. You should seek specialist advice suitable to your circumstances if you have any concerns regarding your health before, during or after your participation in a PT session. We make all reasonable endeavours to ensure that the activities recommended by Fearless Training are safe, but our activities do carry some inherent risks. In particular, strength training carries the risk of personal injuries. Injury may arise from:

  • Executing strenuous moves;
  • Incorrect usage of equipment or techniques by you
  • Fatigue, pain, frustration, and/or anxiety
  • Physical exertion and increased heart rate.

This list is not exhaustive, and there are other risks you may not have anticipated which may result in injury not limited to sprains, strains, scratches, abrasions, bruises, muscle pulls or tears, bone fractures or breaks, injuries to joints, spinal injury, head injury, hernia, dizziness, paralysis or death.

Release, Disclaimer & Indemnity

13. You acknowledge that there is no guarantee that you will achieve particular results from participating in PT sessions.

14. You acknowledge that the results achieved through your participation in PT sessions are your responsibility.

15. By enrolling in a PT package, you acknowledge and agree that:

  • Fearless Training will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in our program or any activities suggested by the program (collectively “Program Activities”).
  • You RELEASE Fearless Training from any and all liability for any loss, damage, injury or expense suffered by you or your next of kin, resulting from your participation in Program Activities.
  • You will INDEMNIFY and hold Fearless Training harmless against any and all liability for personal injury, or property damage suffered by you or any third party as a result of your participation in Program Activities.
  • You ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in Program Activities including but not limited to personal injury, illness, negligence economic or property loss, even if such risks are caused or contributed to by the negligence of Fearless Training.

16. You release forever Fearless Training from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through the program, to the fullest extent permissible by law.

Our Responsibility

17. We will provide PT packages in a professional and competent manner.

18. We will provide sessions designed to support your nominated physique goals.

19. All the equipment we use in PT sessions is fit for the training provided.

Photographs & Video

20. You agree not to use video, audio or photographic devices during PT sessions in a way that record your trainer or any other person, without that person’s prior consent.

21. You grant Fearless Training permission to use any photographs or videos taken of you during a PT session or as provided by you, together with your name and any testimonial.

22. You agree that Fearless Training may use photographs or video and you’re details on its website or in its program materials for marketing or the creation of commercial products. You agree that no compensation will be paid or owed to you at any time for the use of your image or personal information in that way.

Payment, Cancellation & Refunds

23. PT packages are paid in advance. All prices are listed inclusive of applicable GST.

24. Please choose the PT package appropriate to your needs. Due to the limited number of trainers and time available for PT sessions, you must provide at least 30 days’ notice of cancellation of any package.

25. You agree that if you purchase a PT package you are responsible for full payment of fees for the entire term package, regardless of whether you attend, or complete all PT sessions available. There will be no refunds, discounts, substitutions or replacements if you fail to attend. It is your responsibility to meet your own training commitments.

26. Payment can be made by direct debit or direct deposit.

27. Payment can be made in full at the time of booking, or by way
of [weekly/monthly] direct debit. You will be asked to enter into a direct debit agreement with our nominated payment provider at the time you sign up for your programming. The terms of that agreement will explain how the payment provider manages dishonoured payments and expired cards.

28. If any account remains overdue after 7 days then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) will be charged for administration fees which sum will become immediately due and payable.

29. Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment.

30. If any payment is dishonoured for any reason you agree to pay any dishonour fees incurred by Fearless Training, as well as any costs and disbursements incurred by Fearless Training in pursuing the debt (including legal costs on a solicitor and own client basis and collection agency costs).

General

31. We may update these terms and conditions from time to time and will provide 30 days notice to you of any changes that apply to you.

32. Any time or other indulgence granted by either party will not in any way amount to a waiver of any of rights or remedies that party is entitled to under these terms and conditions.

33. These terms and conditions are governed by the laws of Victoria, Australia and you agree to be subject to the jurisdiction of the courts of Victoria if there was such a serious dispute between the parties.

34. If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

35. If we provide the PT sessions to you, you agree to these terms, whether or not you sign anything.

For full Terms & Conditions, see:

This website (“Site”) is operated by Fearless Training of ABN: 33607842571 (“we”,” “our” or “us”).  It is available at: fearlesstrainingunited.com and may be available through other addresses or channels.

LIABILITY RELEASE

The Client hereby releases, indemnify, and hold harmless, the Service Providers from any and all manner of actions, causes of action, suits, proceeding, debts, dues, contracts, judgments, damages, claims and demands whatsoever in law or equity stemming from the agreement between the below mentioned parties.

Client expressly agrees that this release, waiver, and indemnity clause is intended to be as broad and inclusive, and if any portion thereof is held invalid, it is agreed the balance shall, notwithstanding, continue in full legal force and effect.

I have no known physical or mental condition that would impair my capability to participate fully, as intended or expected of me.

I have carefully read the foregoing release and indemnification clause and understand the contents thereof.

I fully understand the risks of using the information and recommendations from the Service Providers and agree that the Service Providers shall not be held liable in the case of any training related injury or death.

GENERAL PROVISIONS

CLIENT acknowledges before beginning, implementing, or using any and all of recommendations provided, that CLIENT should consult a medical doctor.

CLIENT acknowledges that client is not authorizing to disseminate, share, convey, or transfer any recommendation, either orally or written, provided by the Service Provider without his express written consent.

In consideration of the above referenced release, the named parties have agreed to the following terms:

CLIENT will receive access to the Fearless Training United Academy as well as specified support from the Service Providers in exchange for listed prices.

3 TERMS

Payment Details: Payment is due in full before access to an account is granted, and payments repeat monthly to continue account access.

Cancellation Details: Subscriptions can be cancelled at anytime on a user’s account page.

Consent

By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy – available at: https://fearlesstrainingunited.com/privacy-policy/ (“Terms”) Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (“Content”) are subject to change without notice and we are not liable if any Content is inaccurate or out-of-date.

Purchase & Delivery Information

All prices displayed on this Site are in Australian Dollars (AUD$). Items that are purchased on this site (including tickets to the Fearless Masterclass scheduled for the 13 July 2019) will be delivered via email within 24-48 hours. It is your responsibility to ensure that a valid and correct email address is nominated during the checkout process to mitigate issues with ticket delivery. Should any issues arise after the checkout process is complete, Fearless Training will work with you to resolve any issues that have arisen, and will keep internal records to ensure issues are resolved effectively and accurately. Note each ticket permits one (1) person entry to the Fearless Masterclass event, and tickets may not be reused for future events and/or people. The ticket is deemed non-redeemable once the event corresponding to the ticket has lapsed. 

Refund Policy

Unfortunately we do not accept refunds for any purchases made to Fearless Training or through the Fearless Training United Site, unless explicitly agreed by Alex Connor (owner of Fearless Training). If a refund is approved, we will initiate a refunds to your credit card (or original method of payment). You should receive the credit within 3-5 business days, depending on your card issuer’s policies. If you are unable to attend the Fearless Training Masterclass Event but have already completed your purchase, we permit transfer of ownership, so that in such event you may nominate someone to attend in lieu of yourself. Full refunds will be available in the instance of major faults/defects in compliance with Australian Consumer Law. If you are unhappy with your purchase or believe your situation may be covered by the Australian Consumer Law, please contact us by email: alex@fearlesstraining.org

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
      2. using our Site to defame, harass, threaten, menace or offend any person;
      3. interfering with any user using our Site;
      4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
      5. using our Site to send unsolicited email messages; or
      6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Information

The Content is not comprehensive and is for general information purposes only, as it does not take into account your specific needs, objectives or circumstances, with the given advice being general in nature.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

      1. copy or use, in whole or in part, any Content;
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
      3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

      1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
      2. access will be uninterrupted, error-free or free from viruses; or
      3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.   

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at-

Fearless Training, of ABN: 33607842571

Email: alex@fearlesstraining.org

Address: 5034/19 Robina Town Centre, Robina QLD AUS