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This Agreement is entered into between Linda Anne Adamson T/A Linda Anne Personal Training (ABN 13 861 851 893) (we, us and our) and you (you or your), the person purchasing our Services, together the Parties and each a Party.

1. Services

   1.1.   You accept this Agreement by making payment of the Price.

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   1.2.  In consideration of your payment of the Price, we will provide you with access to our in-person training sessions at specific times as agreed between the Parties (each, a Session), whether ourselves or through our personnel.

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   1.3.  Notwithstanding clause 6.1, you agree that we may vary the Services or the Price at any time, by providing 30 days’ written notice to you (Variation Notice Period). If you do not agree to any amendment made to the Services or Price, you may, before the end of the Variation Notice Period, terminate this Agreement by giving us 14 days’ notice in writing, in which case, the proposed variation will not come into effect and clause 12.4 will apply.

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2. Sessions and Payment

   

   2.1. You may purchase a single Session (Single Session), a pack of Sessions (Session Pack) or other offering by making payment of the applicable Price (and any applicable GST) upfront and using the payment method that we advise to you, unless otherwise agreed between the Parties (Payment Terms).

   2.2.  Session Packs are valid for the corresponding time frame listed on the Quote to which these Terms are attached (Validity Period) from the date you purchase a Session Pack. You forfeit any Sessions that you do not book and attend within the Validity Period.

   2.3If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under this Agreement or at law) cease providing the Services and/or charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

 

 

3. Your Obligations

   3.1.  You agree to:

1. comply with this Agreement and our reasonable requests;

2. provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services, including any relevant health information (such as medical conditions, past injuries and if you are pregnant), and keep us updated of any changes to your health information during the Term;

3. not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

 

   3.2.  You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.

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4. Bookings

   4.1.  You may request to make a booking for Sessions by contacting us via phone or email. You may request to book Sessions as Single Sessions or as part of a Session Pack after you pay the applicable Price. Once you choose an available Session, we will send you confirmation of the Session via email or text and your request will convert to a confirmed booking (Booking).

1. Rescheduling and Cancellations

   5.1.  You may request to cancel or reschedule your Booking by contacting us via phone or email.

   5.2  Where you request to cancel or reschedule your Booking:

               (a)more than 24 hours before the Booking start time, the Price paid for the Booking will be used as credit towards your next or rescheduled Booking; or

               (b)less than 24 hours before the Booking start time, you will not be able to get a refund or reschedule the Booking to a different time, the Booking will be forfeited.

   5.3   You agree and acknowledge that this payment is reasonable, given that the we would not have been able to be allocated to alternate work in such a short period of time.

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1. Additional Services and Variations

   6.1.  You may request to have us provide additional services, including additional Sessions, by contacting us via phone or email. All additional services or variations to this Agreement must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as agreed between the Parties.

1. Acknowledgments

   7.1.  You acknowledge and agree that:

               (a)you have no medical, physical or psychological conditions that prevent you from participating in the Services or if you have any medical, physical or psychological conditions, you have received consent from a medical professional to participate in the Services or you will refrain from participating in the Services.

               (b)you are solely responsible for the supervision of your children that are present with you in a Session;

               (c)we, nor our personnel, are medical practitioners, and the Services are not intended to be, and do not constitute, medical or health advice, treatment, cure or diagnosis, nor are they intended to be a substituted for consulting a medical or mental health practitioner; and

              (d)we cannot guarantee results, and results may vary.

1. Intellectual Property

   8.1.  As between the Parties, we own all intellectual property rights in our intellectual property developed prior to or independently of this Agreement (Existing Materials). Nothing in this Agreement constitutes an assignment or transfer of such rights.

   8.2  As between the Parties, ownership of all intellectual property rights in any intellectual property developed, adapted, modified or created in connection with this Agreement, or the provision of the Services will at all times vest, or remain vested, in us (New Materials).

   8.3   We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use our Existing Materials that we provide to you and the New Materials, solely for your use and enjoyment of the Services, as contemplated by this Agreement.

1. Australian Consumer Law

   9.1   Certain legislation, including the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in this Agreement excludes those Consumer Law Rights.

   9.2.  Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in this Agreement.

1. Exclusions to liability

   10.1   Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with:

            (a)any loss, theft or damage to your property (including personal items);

            (b)any negligent acts or omissions of you or any third party, and/or any other member or user of our Services; and/or

            (c)lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and

            (d)any event beyond our reasonable control. 

1. Limitations to liability

   11.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law: 

1. neither Party will be liable for any consequential loss or indirect loss;

2. a Party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that other Party to mitigate its loss; and

3. our aggregate liability for any liability arising from or in connection with this Agreement will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the liability relates. 

1. Term and Termination

   12.1.  This Agreement will commence on the date it is accepted in accordance with its terms and continue until terminated in accordance with its terms (Term).

   12.2   Either Party may terminate this Agreement at any time by giving 7 days’ notice in writing to the other Party.

   12.3   Either Party may terminate these Terms if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 10 business days of being notified by the relevant Party.

   12.4   Upon expiry or termination of this Agreement:

1. without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you; and

2. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under this Agreement.

   12.5.   Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it. 

1. General

   13.1.   Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

   13.2.  Confidentiality: We agree to (and will ensure our personnel do) keep confidential, and not use or permit any use of, any confidential information without your prior written consent, except where the disclosure is required by law.

   13.3.  Disputes:  If a dispute arises, the Parties will agree to meet in good faith to seek to resolve the dispute, before proceeding to any dispute resolution process. This will not prevent a Party from seeking urgent equitable relief.

   13.4.  Governing Law: This Agreement is governed by the laws of Victoria.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

   13.5.  Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

   13.6   Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under this Agreement and that we are liable for the acts and omissions of our subcontractor.

   13.7.  Survival: Clauses 8, 9, 10, 11, 12 will survive the termination or expiry of this Agreement.

1. Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Quote, and:

Price and Services have the meaning as set out in the Quote.

Quote means the invoice outlining the Session and Service details, to which this Agreement is attached by reference.