REMOTE TERMS OF SERVICE AGREEMENT

A Fitness Coach is not a medical professional and is without the expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Coach any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Coach’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Coach or others shall be conclusive.

Client certifies that:

a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and

b) he/she is over the age of eighteen (18) (if under the age of eighteen a guardians consent is required); and

c) he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.

This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities. Coach is not responsible for the safety of facilities or equipment whether provided by Client, Coach, or others.

Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Coach, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities that break or malfunction.

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, etc. and no guarantees of results are possible.

Coach retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. In the event of termination, as set forth herein, the Coach shall refund to Client the sum associated with any unused sessions.

This Agreement may be executed in duplicate and a copy shall be considered as effective as an original.

PAYMENTS

Payments will be direct debited in advance on your nominated billing day every 1 to 4 weeks depending on your selected option. If you need to change your billing day or update your billing details please log into your MoonClerk account or contact your Coach for assistance.

Discount codes are provided for the use of the intended Client only and must not be shared around without the consent of your Coach. Couples discount codes only remain valid for the duration that both persons remain Clients at the same time for a minimum of 12 weeks. After 12 weeks if one person no longer wishes to continue their training then the remaining person will still be entitled to the discount on their own. If one person discontinues their training prior to 12 weeks then the remaining personal also forfeits their discount privileges and will then continue to be charged at full price.

Training sessions purchased in advance at a discounted price are not refundable or transferable and are a one-off purchase.

TRAINING PROGRAM DELIVERY

Your program will be made available to you via the TrainHeroic app by EOD Sunday for the following week. You will receive a notification from TrainHeroic when your program is ready.

CANCELLING OR HOLDING YOUR TRAINING SERVICE AGREEMENT

Payments can not be cancelled prior to agreed term either 3, 6 or 12 months (except under special circumstances ie. illness). If you are not on an agreed term and no longer wish to continue with your training program you must provide a minimum 7 days notice to your Coach before your next payment is due. If you are on a weekly payment you will then subsequently be debited one final payment before your agreement is cancelled. For monthly payments, if your request is received 24hrs prior to your next scheduled payment you will not be charged.12-week bulk payments are non-refundable.

Your training program may be placed on hold for a maximum of 2 weeks within any 6 month period.