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Website Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.shockfactorfitness.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.shockfactorfitness.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.shockfactorfitness.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.shockfactorfitness.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.shockfactorfitness.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.shockfactorfitness.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

www.shockfactorfitness.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.shockfactorfitness.com.

LINKS TO OTHER WEBSITES

www.shockfactorfitness.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.shockfactorfitness.com and the owners of those websites. www.shockfactorfitness.com takes no responsibility for any of the content found on the linked websites.

www.shockfactorfitness.com’s website may contain information or advertisements provided by third parties for which www.shockfactorfitness.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.shockfactorfitness.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.shockfactorfitness.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.shockfactorfitness.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.shockfactorfitness.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.shockfactorfitness.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

www.shockfactorfitness.com may be required, in certain circumstances, to disclose information in good faith and where www.shockfactorfitness.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.shockfactorfitness.com. www.shockfactorfitness.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.shockfactorfitness.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.shockfactorfitness.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.shockfactorfitness.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.shockfactorfitness.com concerning your use and access to www.shockfactorfitness.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

FITNESS AND EXERCISE

Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge www.shockfactorfitness.com, all its instructors, commentators and any associated with the www.shockfactorfitness.com website from any and all claims or causes of action, known or unknown.

www.shockfactorfitness.com and its contents are made available without warranties or guarantees of any kind and www.shockfactorfitness.com, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.

All information contained on www.shockfactorfitness.com, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.

JURISDICTION

This agreement and this website are subject to the laws of Adelaide and Australia. If there is a dispute between you and www.shockfactorfitness.com that results in litigation then you must submit to the jurisdiction of the courts of Adelaide.

Online Services Terms & Conditions

These Member Terms (‘Terms’) apply to all Members to this website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for any membership or our Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.

DEFINITIONS

“Clients” means any customer or person accessing the Services

“Client Content” includes any and all material, links, words, addresses, images and information you provide or add to the website, including but not limited to information you add to your account or any part of the website to enable us to provide the Services.

“Confidential Information” means all confidential proprietary and copyrighted material provided to you which is non-public relating to our business, analyses, technology and includes all valuation models, data and derivative tools.

“Services” means face to face and online personal health and fitness training services and programs and includes our Shock Factor Fitness App.

“Member” means a Member to our Services including but not limited to the products and services on or offered through this website.

“the website” means www.shockfactorfitness.com

“We”, “our” and “us” means Shock Factor Fitness Pty Ltd and includes its directors, employees and contractors

“You” means the Member to our services and by doing so, agree to these Terms.

MEMBERSHIPS AND HOW IT WORKS

We offer Programs which may vary from time to time which may include a support program, training program, nutrition guide, live video calls, coaching calls, a fitness app and content for your fitness journey.

You must set up a Membership account and pay the relevant fee (in advance and/or where available after 90 days we may offer a monthly instalment program) in order to sign up to our website to receive our newsletters, information and to access our Services. The membership fee must be paid fully in advance for the full 12 weeks unless we have offered the 6 weeks prepayment with subsequent instalments option. Where you have chosen monthly instalments after 6 weeks initial lump sum payment, and where you have provided us with your payment details, you agree to have the instalments automatically deducted from your nominated payment method unless you or we cancel the subscription in accordance with the below Cancellation terms.

Memberships are available over terms of 12 weeks (“Membership Period”). The minimum term is 12 weeks (‘Minimum Term’). Once you have registered, signed up and made your initial payment, you have 14 days to request a refund (“Cooling Off period”) provided no services have commenced. If you have signed up and made payment less than 14 days prior to commencement of any program, you need to advise us of your request for refund and cancellation prior to the beginning of a program and services commencing.

No cancellations or refunds will be processed during the Minimum Term and after the Cooling Off period.

We may take photographs and images of you and other participants from time to time for our promotional and advertising purposes. By participating in any of our programs or Services, you are agreeing to this use of your images. We ask that you notify us in writing if you do not wish us to use your images for this purpose. This includes any images used the members only Facebook support group.

After the 12 week program is finished, you have the option to subscribe to our ongoing support program which includes the fitness app. You will be automatically subscribed to this program if you do not cancel in accordance with our below cancellation and termination policy.

CANCELLATION AND TERMINATION

TO CANCEL YOUR MEMBERSHIP: You are solely responsible for cancelling your membership through our website or you must cancel in writing by notifying us at [email protected] with the subject heading

If you wish to cancel within the Cooling Off period, please cancel in writing with a reason for cancellation. We will provide a refund less an administration fee for processing.

If you are requesting a cancellation of ongoing Services after the Minimum Term, we require a minimum of 14 days notice in writing and prior to the next automated payment to be processed. In the event that you cancel within the specified time period and the payment is still deducted from your account, please notify us and we will work with you to have this payment reversed.

WE MAY TERMINATE YOUR MEMBERSHIP: We have the right to terminate your membership or, in our sole discretion, terminate or suspend your membership access to the website with or without notice if:

a) you fail to pay your Membership Fees when payment is due; or

b) you otherwise breach these Terms.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

AGREEMENT FOR MEMBERSHIP SERVICES

To be eligible to sign up for our Services, you acknowledge and agree to the following:

• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated.

• We are only providing you with facts, information, insights and ideas to assist you. You need to decide what may work best for you. We do not have your personal information, personal facts or goals in mind when we provide these Services.

• We do not warrant, promise or guarantee that any of the information we provide from the Services or use of the Services will produce a particular result. We are only providing information for your consideration in the program information (‘Member Content’) and to provide you with the Services. At no time do we provide any guarantees or warranties in relation to the Member Content.

• You are not to share, re-create, or otherwise reproduce the information or Services on or provided through our website, or otherwise transmitted to you by us except as agreed in these Terms and as intended. In particular, you are not to sell, re-sell or otherwise provide our Services in any way, manner, medium or create derivative works to any third party. No reproduction, distribution or transmission of the copyrighted material on our website or Services is permitted without our written permission which may be granted in our sole discretion.

• You will not transfer, sublicense or grant access any of our Services to any other person, company, business except as agreed in these terms.

• You will use our Services in good faith and will not manipulate, alter, circumvent, or in any way use our Services in an unlawful manner or for unlawful means, whether direct or indirectly.

• You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

• We make no warranty that the website Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

• The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

MODIFICATION OF WEBSITE, CONTENT AND SERVICES

We reserve the right at any time and from time to time to remove, delete, alter or amend any content, Services or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

DISCLAIMER

All the information, exercises, techniques, ideas and examples accessed on or through this website (“Content”) are for educational and informational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice.

You take full responsibility and risk for making any decision based on the Content on our website so you should ensure you do your own due diligence to ensure any product or service you may purchase is suitable for your own situation and requirements. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

LIABILITY

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality data sources on our websites, we make no representations or warranties of any kind, express or implied, about:

• the completeness, accuracy or reliability of the Information you obtain from the use of our Services; or

• whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by and Third Party Service Provider and/or information made available to you through or facilitated by the websites.

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our websites or our Services, including, but not limited to, loss or corruption of Member data. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

(a) The supply of any services again; or

(b) The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims (iii) any activity you may engage in through any use of our Services, or (iv) your use of the Services.

PERSONAL INFORMATION AND PRIVACY

Where Members are required to provide information, you agree:

(a) to provide true, accurate, current and complete information about as requested during the registration process; and

(b) to maintain and promptly update such information to ensure it is up-to-date, complete and accurate at all times.

We, at all times, abide by the Australian Privacy Principles. Please refer to our full Privacy Policy for details of how we collect, store and use personal information, sensitive information and health information.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of [insert website].

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of any Member Content you have created and added to the website. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms are governed by the laws of South Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning these Terms.

Face to Face Services - Terms & Conditions

RELEASE & WAIVER OF LIABILITY

You confirm that it is your responsibility to consult your doctor or medical professional before starting any new exercise program, diet or supplement regime. You confirm that you are suitably fit and healthy to participate in an exercise program and that a doctor or medical professional has not advised you otherwise. You confirm that you have brought to our attention any medical, physical, injury or other health issues that may determine the suitability of an exercise program for you. You confirm that in the event you become aware of any medical, physical, injury or other health issues that may affect the suitability of your exercise program, you will inform us immediately. You confirm that participation in an exercise program involves the risk of serious injury or even death, from various causes including overexertion, dehydration, equipment failure and accidents with equipment and surroundings. You confirm that you accept all risks and any injury, loss or damage that may occur is solely your responsibility. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us. You certify that you are at least 18 years of age or if you are under 18 years of age have

provided us with the written permission of your parent or legal guardian. This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns.

TERMS & CONDITIONS FOR THE SERVICES

1. SERVICES

1.1. We agree to provide the Services described in the Schedule in accordance with the terms in this Contract. We will provide these Services in a professional manner and in accordance with generally accepted industry practice and standards.

1.2. The scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Personal Trainer, it would benefit you or be required to meet the terms of this Contract.

2. WARRANTIES AND GUARANTEES

2.1. Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law. At no time are these statutory rights sought to be excluded.

2.2. We represent and warrant that, at all times, we have the professional skills, expertise and certifications to be able to provide the Services in accordance with professional industry standards and best practice.

2.3. You acknowledge and agree that fitness program results vary from individual to individual. For this reason, the performance, progress and success of our Services is reliant on you and your requirements. We cannot and do not guarantee any particular or any results and you are solely responsible for your progress.

2.4. If any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns and give us an opportunity to address them. We will use reasonable efforts to address and resolve your concerns, however, at no time do we guarantee or warrant any performance or altered progress.

3. CANCELLATION

3.1. All Sessions must be scheduled and agreed in advance, including any Sessions which are rescheduled due to unavailability of either you or us.

3.2. In the event you are unable to attend or wish to reschedule your session, you are required to give at minimum the Cancellation Notice Period set out in the Schedule, so that the session can be offered to another client. Any Sessions that do not meet the minimum Cancellation Notice Period may be forfeited, are non-refundable and may not be rescheduled.

3.3. In the event we are required to cancel any session or appointment, including but not limited to any group Sessions, we will either reschedule at a time convenient to you, the session will be transferred to another date or your fee will be refunded.

3.4. We may, in our sole discretion, cancel any group Sessions if there are not sufficient participants or for other reasons which may be out of our control. In this case, we will provide a full refund to you.

3.5. We may provide another suitably qualified representative to perform the Services when we are unable to do so personally. In this case, we are not required to provide any refund to you.

4. PAYMENT AND REFUNDS

4.1. Payment will be made promptly in accordance with the Schedule and any invoices. Any late payment may result in cancellation of further Sessions and all Services in our sole discretion.

4.2. As we have blocked out specific time periods to provide the Services to you, any cancellation or termination and refund of Services would be to our detriment. For this reason, there are no refunds for change of mind or similar. Refunds are granted in very limited circumstances and in our sole discretion.

4.3. All Sessions must finish on time at the originally scheduled time, unless otherwise agreed. Any scheduled Sessions delayed by your late attendance will finish at the nominated and agreed original time, in order to not disadvantage other clients that may be scheduled after your session.

5. SENSITIVE INFORMATION AND PRIVACY

5.1. We only collect the Personal Information, including Contact Information, Personal Information, Motivation and Medical History (together ‘Sensitive Information’), we need in order to perform our Services.

5.2. We comply at all times with the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997 which regulates how Sensitive Information is handled.

5.3. We keep your Sensitive Information secure and do not use it for any purposes unrelated to our Services. All our employees and any staff who may have access to your Sensitive Information are under a strict duty of confidentiality and privacy practices are adhered to.

5.4. We will not disclose your Sensitive Information without your consent or unless required to due to medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.

5.5. From time to time, we may use your Contact Information to provide you with information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and you will be removed from any contact or marketing lists.

5.6. You can access your Sensitive Information at any time by request. While you are using our Services you will notify us of any changes so the information is kept up to date. If you no longer use our Services your Sensitive Information will be securely destroyed within 12 months.

6. RELATIONSHIP AND OWNERSHIP OF IP

6.1. We are engaged to provide you with the Services as agreed only. You will not use any of, and you acknowledge that we own all proprietary rights to, our brand, style, logo, name and all relevant copyrights, patents and other intellectual property. You agree that all work, product design, program ideas and images are exclusive to us and our business.

6.2. You must not use the relationship or our business, logo or any copyrighted materials resulting from the Services to promote you, your business or your work without our written permission. You also agree not to represent yourself as an affiliate or in any way affiliated with our brand, name or business in any manner without our permission.

6.3. In any event and to clarify, you agree that nothing in these terms gives you any interest or right to use or represent affiliation in any manner in any of our intellectual property or goodwill existing at any time or in any of the intellectual property or goodwill derived from the performance of the Services under this Contract.

7. LIMITATION OF LIABILITY

7.1. We and our representatives are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly with all or any part of the Services.

7.2. You shall indemnify and hold harmless the Personal Trainer and any of our representatives from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

7.3. The liability of the Personal Trainer is governed solely by the Australian Consumer Law and this Contract. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

7.4. In the event of any successful claim, the liability of the Personal Trainer is limited to the last fees paid by you to the Personal Trainer.

7.5. You also agree to take over any action by any third party which is a direct or indirect result of any action or inaction by you or your representatives.

8. DISPUTES

8.1. If a dispute arises, both parties agree that confidentiality is paramount to maintaining both our reputations. At no time will any communications or discussions be made public, this includes but is not limited to any social media, forums, review sites or websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

8.2. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

9. GOVERNING LAW

9.1. This Contract is governed by the laws from time to time in force in the State set out in the Schedule and both parties agree to unconditionally submit to the exclusive jurisdiction of their Courts for determining any dispute concerning this Contract.

SHOCK FACTOR FITNESS SEMI-PRIVATE PT PRODUCT SCHEDULE

Shock Factor Fitness agrees to provide the following services to you as part of this agreement;

1) Access to the pre determined number of training sessions per week.

2) Client Support Group Access via closed Facebook group.

3) Unlimited Email Support with the Shock Factor Fitness team.

4) Monthly fitness testing and progress tracking .

By purchasing the fitness program, you agree to be bound by the below Terms and Conditions. You will be required to:

1) Book all face to face sessions utilising the 'Calendly' booking app link provided.

2) Arrive at the session location at the appointed time.

3) Provide a minimum 24 hour notice is required for the cancellation or rescheduling of any sessions. No exceptions.

4) Any sessions that require rescheduling MUST be rescheduled with in 2 weeks of the original booking date, or the session will become forfeit by you.

5) During sessions we may take photographs and images of you and other participants from time to time for our promotional and advertising purposes. By participating in any of our programs or Services, you are agreeing to this use of your images. We ask that you notify us in writing if you do not wish us to use your images for this purpose. This includes any images used in the members only Facebook support group.

6) All payments will be processed via direct debit on the Thursday prior to the coming week to ensure that all sessions are paid for prior to the sessions being delivered.

7) There must be a minimum of 2 clients per Semi-Private training session, Shock Factor Fitness reserves the right to cancel any Semi-Private training sessions at the trainers discretion if the minimum number is not met.

1 ON 1 PERSONAL TRAINING SERVICES PRODUCT SCHEDULE

Shock Factor Fitness agrees to provide the following services to you as part of this agreement;

1) Access to the Shock Factor Fitness App for the duration of your program.

2) Customised fitness program set at your strength and fitness level. Programs will be adjusted in 4 week blocks, or as required.

3) Nutritional guides supplied and customised as required.

4) Client Support Group Access via closed Facebook group.

5) Unlimited Email Support with the Shock Factor Fitness team.

6) Monthly fitness testing and progress tracking or weekly as needed.

By purchasing the fitness program, you agree to be bound by the below Terms and Conditions. You will be required to;

1) Utilise the Shock Factor Fitness App, in doing so you agree to log in ALL scheduled Fit Tests / Measurements / Photos accurately and as prescribed.

2) Complete and log through the App all programmed workouts to the best of your ability, where circumstances permit.

3) Follow all advice and guidance to the best of your ability.

4) Failure to log correct Fit Tests during the course of your program may result in your workouts being deallocated inside of the Shock Factor Fitness App until Fit Tests have been logged.

5) You will book all face to face sessions utilising the 'Calendly' booking app link provided.

6) Provide a minimum 24 hour notice is required for the cancellation or rescheduling of any sessions. No exceptions.

7) Any sessions that require rescheduling MUST be rescheduled with in 2 weeks of the original booking date, or the session will become forfeit by you. No excpetions.

8) During sessions we may take photographs and images of you and other participants from time to time for our promotional and advertising purposes. By participating in any of our programs or Services, you are agreeing to this use of your images. We ask that you notify us in writing if you do not wish us to use your images for this purpose. This includes any images used the members only Facebook support group and training App.

9) All payments will be processed via direct debit on the Thursday prior to the coming week to ensure that all sessions are paid for prior to the sessions being delivered.

Copyright Disclaimer for E-books, PDF and videos

All the information, exercises, techniques, ideas and examples accessed on or through our website (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical or emotional situation or needs and should not be used for diagnosing any health, fitness, well-being, medical or other condition.

Where we have prepared specifically designed personal exercise programs, fitness plans or other material for you (together ‘Material’), you are responsible for consulting a suitable medical or other professional before using or engaging in any Material designed for you by us and before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being, including but not limited to any changes in your diet. If you feel any discomfort or your health is affected by commencing or while using the Material, please stop immediately and contact a suitably qualified professional.

Copyright and Use

You may not share, copy or redistribute this material in any medium or format at any time. Our materials are for your individual use only and may not be

used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, reproducing, transforming,

sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from Shock Factor Fitness.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by www.shockfactorfitness.com. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of www.shockfactorfitness.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

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Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.