RECITALS
1. This Agreement is between AA&A Fitness (ABN 759 108 487 47) (hereinafter referred to as the “Coach”) and {{ full_name }} (hereinafter referred to as the “Client”).
2. This Agreement is for the provision of the Services (as defined below).
3. The Client and Coach mutually acknowledge and agree as follows:
DEFINITIONS
Services means competition preparation, body transformation, photo-shoot preparation, nutritional planning and advice, training programming, personal training or modelling services or any other service as agreed by the Client and Coach. A reference to ‘Service’ in this Agreement may refer to one or more of Services determined at the Coaches sole discretion.
Confidential Information means all information of a confidential or proprietary nature, whether or not specifically labelled or identified as “confidential,” in any form or medium, that is or was disclosed to, or developed or learned by, the Client including but not limited to any Intellectual Property, Services, material, data, ideas, inventions, formulae, patterns, compilations, programs, devices, methods, techniques, processes, know how, plans (marketing, business, strategic, technical or otherwise), arrangements, pricing and/or information of or relating to the Services and the Coach and includes all personal, business or financial information related to the Coach, its representatives, clients, advisors, or related entities.
Intellectual Property means in whatever form any nutrition plan, training program, written work, invention, discovery, improvement, design, concept, plan, program, electronic media, photo or the like developed, designed, produced, communicated or provided to Client by the Coach or the Coach’s representatives, or by which the Client becomes aware of in connection with this Agreement or the provision of the Services.
Social Media means any social media tool or platform including but not limited to FaceBook, Instagram, Twitter, or Snap Chat.
GENERAL
1. Coach is not a medical professional and is without expertise to diagnose medical conditions, injuries or impairments.
2. Client agrees to disclose to the Coach immediately any injury, medical condition or impairment which may impact on or have an adverse or deleterious effect on or be impacted by the Services or any training program or nutritional plan provided by the Coach.
3. The Client agrees that the Coach’s decision to discontinue training for any reason, including but not limited to any condition which presents an adverse risk or threat to the health or safety of the Client, is at the Coach’s sole discretion and shall be conclusive.
4. Client represents and warrants that:
a) He/she is physically capable of undertaking and participating in the Services and any nutritional or exercise program associated therewith including but not limited to using the equipment associated with such program or Service; and
b) he/she is over the age of eighteen (18) and if under the age of 18 has the consent or a parent or guardian to enter into this Agreement; and
c) he/she has either (i) had a physical examination and been given a physician’s permission to participate in the Services; or (ii) decided to participate in the Services without the approval of a physician.
4. The Services may involve physical activity and may as appropriate use certain equipment and machinery. Such activities, use of equipment or machinery or participation in the Services may present a risk of injury or even death. The Client voluntarily agrees to participate in these activities and Services and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery, public or private facilities, or participation in the Services.
INDEMNITY AND LIABILITY
5. Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge the Coach, the Coach’s agents, representatives, successors and assignees from any and all claims or causes of actions (known and unknown) arising out of the provision of the Services to the Client including without limitation injury or loss resulting from the Client’s use of any equipment or facilities which break or malfunction. The Client agrees to indemnify and hold harmless the Coach from any and all lability arising from the Client’s participation in the training program or the Services or for any loss of profit resulting from the Client’s termination of this Agreement.
6. No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. The Coach expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, program compliance etc. and no guarantees of results are possible nor given by the Coach to the Client.
7. Client may not assign this Agreement or right or obligations contained herein to any person, entity or third party. The Client agrees the Coach may only assign this Agreement to a related entity.
FEES AND PAYMENT
8. Client agrees to pay for the provision of the Services as per the terms & conditions outlined in Schedule 1. This includes payment of any deposits or fees as outlined in the terms and conditions and the use any ongoing direct debit system. Should the Client wish to pay the amount due under this Agreement in full, such payment can be arranged by mutual agreement with the Coach. The Client agrees that all monies must be paid on time and in full unless a pre-authorised agreement has been reached between the Coach and the Client.
9. Client recognises that payment for the initial preparation period and/or competition services is to be finalised completely two (2) weeks prior to the date of competition or event. Any subsequent improvement season being entered into must be paid for in advance. There shall be no running lines of credit or outstanding balances after a completed dissemination of the Services. Client may be offered subsequent seasons at a negotiated/lower rate at the sole discretion of the Coach.
SERVICES
10. The Services provided to the Client will be agreed by the parties. Additional services may be provided by the Coach to the Client on a user pays basis to be determined at the sole discretion of the Coach. The minimum period of service is 12 weeks.
11. Client acknowledges and agrees they may be offered discounted membership to Oasis Health Club for the duration of this Agreement, however such discounted membership will cease upon termination of this Agreement unless otherwise agreed in writing with the Coach.
12. Coach will use all reasonable endeavors to where possible present on the day of the competition or shoot. The provisions of this clause 12 will be subject to the Coaches availability and the Client acknowledges and agrees the Coach’s presentation or attendance at such events may not always be possible.
13. Should there be unreasonable out of pocket travel expenses in order for the Coach to attend a competition, presentation or shoot referred to in clause 12 above the Coach reserves the right to on charge these costs to the Client and the Client agrees to pay any and all reasonable expenses.
TERMINATION
14. There is a two week cancellation period that is effected once termination is requested. For a termination request to be completely executed, an email needs to be sent to info@allysangels.com.au outlining that the client wishes to terminate the Agreement. In this instance, there is a 12 week minimum coaching period, plus the two week cancellation notice period. Under no circumstances is an early cancellation without full coaching fees acceptable under this agreement.
15. In the event the Client terminates this Agreement in accordance with clause 14 above the Client will forego any fees or payments already paid to Coach.
16. Should the Client terminate this Agreement at any time after the cooling off period for any reason the Client will pay the Coach the remainder of the total fees due under this Agreement. The Client agrees that there is no release of them from this Agreement without payment of fees in full in accordance with this clause 16.
17. In exceptional circumstances determined at the sole discretion of the Coach, the Coach may allow a Client to terminate this Agreement on payment of a percentage of the total fees owing of no less than 50%.
18. Subject to approval by the Coach and only in exceptional circumstances a Client may request to place payments under this Agreement on hold. Any pause, hold or suspension of payments under this Agreement will incur a $15 per week fee for the length of the pause, hold or suspension and such pause, hold or suspension will be limited to a period of six (6) weeks only at any one time. Any additional pauses, holds or suspensions may only occur at the absolute discretion of the Coach, and the Coach reserves the right to refuse any pause, hold or suspension. The Client acknowledges that pause, hold or suspension of payments of this Agreement once, does not create any precedence for such action in the future.
19. Coach retains the right to terminate this Agreement for any reason including without limitation a Client’s failure to follow direction or a Client’s undertaking of conduct or behavior contrary to the interests of this Agreement.
20. Client acknowledges and agrees that upon termination of this Agreement full membership fee rates will apply for any membership of Oasis Health Club.
INTELLECTUAL PROPERTY
21. Immediately upon completion, suspension, or termination of this Agreement the Client agrees to cease using and return all intellectual property including but not limited to all nutrition plans and training programs belonging to the Coach or provided by the Coach to the Client.
22. The Coach reserves the right to immediately remove access to and inhibit the Client’s use of any nutrition plans or training program upon completion, suspension, or termination of this Agreement.
23. Client agrees that any written work, invention, discovery, improvement, design, plan, program, and the like belonging to Coach or provided by the Coach to the Client is the sole property of the Coach and shall not be used by the Client for any purpose not connected to this Agreement.
24. The Client agrees not allow access to or provide any Intellectual Property to any third party.
CONFIDENTIALITY
25. The Client agrees to keep the Confidential Information strictly secret and confidential and will not disclose, permit or allow access to any of the Confidential Information to any third party without the prior written consent of the Coach.
CONDUCT
26. The Client agrees that it will at all times conduct and behavior in sportsman like manner and will not engage in any behavior or conduct that may be detrimental or damaging to the Coach or the Coach’s representatives or businesses.
27. The Client agrees on behalf of itself and any related party or representative that neither it nor any related party or representative will under any circumstances engage either directly or indirectly in any form of defamation, slander or degrading or negative behavior against the Coach or the Coach’s representatives or businesses via any means.
28. The Client agrees that under no circumstances will it or any of its related parties or representatives either directly or indirectly use Social Media to attack, defame, slander the Coach, or allude to negatively, suggest poor conduct, or make negative remarks, comments or suggestions about the Coach or the Coach’s representatives or businesses in any way.
RESTRINT OF TRADE
29. Unless already operating at the time of entering into this Agreement the Client agrees that neither it nor any of its representative or related parties will own or control, directly or indirectly, any entity or business whose business or any part of that business is substantially similar to, or competitive with, the Coach’s business, including but not limited to offering similar Services, unless otherwise agreed by the Coach in writing
REMEDY
30. The Client acknowledges and accepts that the Coach may suffer financial and other loss and damage in the event of any breach or threatened breach of this Agreement and that monetary damages alone may be an insufficient remedy. The Client acknowledges and accepts that, in addition to any other remedy which may be available at law or in equity, the Coach may be entitled to specific performance or injunctive relief to prevent any breach or threatened breach of this Agreement.
GENERAL
31. Clauses 5, 6, 7, 21- 31 survive termination of this Agreement.
32. This Agreement is construed under the laws of Queensland.
SCHEDULE 1 –TERMS AND CONDITIONS
1. Client must notify Coach of cancellation of training sessions or scheduled appointments no later than twenty-four (24) hours prior to the training session or scheduled appointment. Failure by the Client to provide the required notice specified in this clause 1 shall result in the Client being charged in full for the training session or scheduled appointment in addition to a 10% cancellation fee.
2. Coach is not responsible for the safety of facilities or equipment whether provided by the Client, Coach, or any other person, third party or entity.
3. The Client must wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement and avoid injury.
4. The Client acknowledges that proper nutrition and adequate rest are essential to this training program and./or the provision of the Services and the Client must not be under the influence of drugs or alcohol at any time during the training session or provision of the Services
5. The Client acknowledges and agrees that personal training requires a certain amount of physical contact between the Coach and Client to ensure proper technique.
6. The Coach’s determination of methods is at the Coach’s sole discretion and shall be conclusive and final.
Both the Client and Coach agree, by their signatures below to /or by clicking the checkbox below, to be bound to this Agreement and the Terms and Conditions set forth above.
