A fun and fresh training environment

Elite Performing Bodies (EPB) and Elite Performing Minds (EPM) of 35 Woolwich Street, West Leederville WA

 

Phone: 0405 206 455

 

peter@eliteperformingminds.com.au

 

1. General

These terms and conditions are the entire terms and conditions governing your relationship with EPB / EPM. If any provision of these terms and conditions are invalid, unenforceable, illegal, or void for any reason then such provision shall be deleted or read down to the extent necessary to overcome the difficulty and the remaining terms and conditions shall be valid and enforceable. These terms and conditions shall be governed by the law of the state of Western Australia and each of you and EPB / EPM submit to the non-exclusive jurisdiction of the courts of Western Australia. A waiver by EPB / EPM of any breach by you of these terms shall not be deemed to be a waiver of any subsequent breach. EPB / EPM shall not be responsible for any failure on its part to perform its obligations under these terms and conditions if such failure is beyond the reasonable control of EPB / EPM. This website is about EPB / EPM triathlon coaching and related products and services.

 

The client acknowledges receipt of and accepts these terms and conditions and acknowledges that the terms and conditions may be changed by EPB / EPM from time to time for legitimate commercial reasons. In which case the client will be given notice of the change and will have seven days, without penalty to cancel the agreement. 

 

2. EPB / EPM Program Service and Waive Liability

By ticking and signing the waiver on Membership Application Form, athletes agree to abide by these terms and conditions below until they notify their coach they no longer will be a paying customer.

 

I voluntarily choose to utilize the personalized training program and coaching services of EPB / EPM, in order to improve my training and racing. I understand that the training philosophy of EPB / EPM is to gradually and scientifically increase my ability to train and race more effectively. I also understand that this training philosophy may create certain potential risks such as abnormalities in my blood pressure, breathing, heart rate, and/or muscular- skeletal system that cannot be predicted with complete accuracy.

 

I understand that I am responsible for monitoring my own condition throughout the training program developed by these personal training program services which I have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training program and inform my health care provider of the symptoms or condition. In stating that I agree to this agreement and waiver of liability, I acknowledge that I have read this form in its entirety and that I understand the potential risks associated with these personal training program services.

 

I also agree to consult with and obtain written permission from my primary care physician prior to undertaking this new training program. If I do not consult with and obtain permission from my primary care physician, I accept any and all consequences that may result from this inaction on my part.

 

Finally, in consideration for being allowed to participate and choosing to engage in this training program, I agree to assume the risks of such training, and further agree to hold harmless EPB / EPM from any and all claims, suits, losses, and/or related causes of actions and damages, including, but not limited to, such claims that may result from my injury or death, accidental or otherwise, during or arising in any way from, these personal training program services. 

 

3. Coaching and Program Fees

Coaching and program fees are described on the EPB / EPM website and are subject to change at the discretion of EPB / EPM.

 

By joining EPB / EPM you agree to pay the fees described elsewhere in this site, which fees are subject to change at any time.

 

All fees are quoted in Australian dollars and include Goods and Services Tax.

 

Fees are to be paid by pre arranged direct debit / deposit / cash (as agreed) before product/s or service/s are provided. We reserve the right to increase your fees at any time. We will make reasonable effort to inform you about this change 30 days prior by writing to the contact details you have provided. Where we have made reasonable effort to inform you about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase unless you notify in writing within the 30 days of your intention to cancel your direct debit of fees.

 

If at any time your fees are dishonoured through your bank, then EPB / EPM will provide 48 hours in which your direct debit will then be automatically re-debited. Any time your direct debit dishonours you will incur a dishonour fee by EPB / EPM’s Direct Debit provider as stated in their Terms and Conditions.

 

 

Fees for EPB / EPM Services are strictly non refundable.

 

4. Training Sessions

EPB / EPM has the right to cancel or postpone any advertised session times or groups for any reason whatsoever. Group structure, age groups and session times/ dates are subject to change at any time. EPB / EPM will do its utmost to notify you of any changes posted via social media and/or email as soon as applicable. Any changes made are at the discretion of EPB / EPM. Participants must follow all reasonable instructions of the coach and are required to wear appropriate sporting attire.

 

5. Digital Images & Media

EPB / EPM reserves the right to use any photographs, digital images or film taken at training sessions, programs or events for the purposes of advertising, publicity, marketing or promotion. Unless written advice is received by EPB / EPM indicating that participants do not wish to appear in such material. EPB / EPM may use this material as described.

 

6. Risk and Your Health

Training and exercising may involve the risk of injury and you exercise and train using our facilities at your own risk. You also abide to subscribe to the terms and conditions of entry to our third party training facilities. Please monitor your physical condition at all times and train to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a EPB / EPM coach or staff member. If you believe there is a risk to your health from doing any EPB / EPM activities you must tell us in writing. If your medical condition changes after you join you must also notify us in writing.

 

On the day you join EPB / EPM and each time you use our services you promise us that:

  • You are in good physical health
  • You know of no medical or other reason why you cannot do active or passive exercise
  • Exercise will not damage your health, safety, comfort or physical condition
  • We may choose to cancel/defer your membership application, as mutually agreed with EPB/EPM, until your doctor agrees in writing that your are fit to participate or you show us proof that you have received medical advice on an appropriate exercise program.

 

7. Liability Recreational Activities

In the course of training or engaging in any recreational activities while using any EPB / EPM facilities or public training locations, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence.

 

In this paragraph: recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure. Gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.

 

Please refer to the warning notice below which we are required to provide to you if you are in Western Australia under the Fair Trading Act 2010 (Western Australia) in relation to this limitation on our liability.

 

8. Warning Under The Fair Trade Act (2010)

Under the provisions of the Fair Trading Act 2010 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that EPB / EPM is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

 

9. Liability for supply of other services

Without limitation to information supplied in these terms and conditions and any other terms which are implied into this agreement by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limitation unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you. 

 

10. Personal Details

You must keep us up to date with your contact details.  Changes to your contact details shall be communicated to your current EPB / EPM coach via email. In the event that you do not notify us of your change in contact details the records we have for you will constitute valid notice to you under these Terms.

 

We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us you may terminate your membership upon giving Notice of Termination. Please refer to the Cancellation and Termination section of these Terms & Conditions.

 

We take the privacy of our members seriously and our Privacy Policy explains the ways in which we use and protect your personal information.

 

We will collect personal information from you that may relate to your physical health or condition, including through your Membership Application Form.  Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information please email peter@eliteperformingminds.com.au.

 

You must tell us about anything that affects the athlete’s safe participation in the coached program or sessions.

 

You must also notify EPB / EPM immediately of anything that affects your billing of your fees. 

 

11. Social Media

If you use social media and mention EPB / EPM then you:

  • Accept sole liability for all communications you post.
  • Indemnify EPB / EPM in respect of any claim or loss it suffers or incurs as a consequence of communications you have posted.
  • Acknowledge that EPB / EPM is not responsible for communications posted within any social media and that any reliance you make upon such communications is at your own and sole risk entirely.
  • Agree that you will not post any material which violates any laws or any other party’s intellectual property rights or which is unlawful, obscene, defamatory, threatening, harassing, abusing, slanderous, hateful or embarrassing to any other person or entity; and
  • Your use of social media shall solely be in connection with the intended purpose of this site and will not in any way injure the interests of EPB / EPM.
  • EPB / EPM reserves the right to monitor all communications on social media for the protection of EPB / EPM’s interests and to take any action it deems necessary to protect those interests.

 

12. Intellectual Property Rights – Website

You acknowledge and agree that EPB / EPM owns all rights, titles and interest in the content, layout, design, concept and organisation of this site and copyright, and all material created for or by EPB / EPM in forming part of this site. You agree that you will not copy, upload, transmit, reproduce, distribute or any other way exploit any of EPB / EPM’s intellectual property rights nor do anything to hinder, impede, invalidate or challenge EPB / EPM’s intellectual property rights.

 

Whilst you remain a registered user of this site, you are granted a non-exclusive and non-transferable right to view, download, print or otherwise reproduce in unaltered form a single copy of any material contained within this site.

 

This web site and the products, technologies or processes described in this web site may be the subject of other intellectual property rights owned by EPB / EPM or by third parties. No licence is granted in respect of those intellectual property rights. Your use of this web site must not infringe the intellectual property rights of any person.

 

Except where you obtain the prior written consent of EPB / EPM:

  • Trade marks (unregistered or registered) and logos must not be used or modified in any way; and
  • You must not link to this web site. 

13. Disclaimer of liability

The content of this site is for educational and informational purposes only.

 

Your use of this site and its contents is at your own risk. The information contained in this site is not intended to be a substitute for professional medical advice or treatment and you are encouraged to seek medical advice in respect of any questions you have regarding a medical condition. EPB / EPM shall not accept responsibility for any medical condition or illness or injury arising from the provision of information within this site.

 

EPB / EPM makes no representation or warranty about the accuracy, reliability, completeness or timeliness of the information contained within this site or that information contained within this site is appropriate for any one individual.

 

EPB / EPM hereby excludes to the maximum extent permissible by law any and all conditions and warranties that may be expressed or implied by statute, common law or otherwise, whether such conditions or warranties be as to quality, outcome, fitness, care, skill or otherwise. To the extent permitted by law, the liability of EPB / EPM for breach of any express or implied warranty shall be the re-supply of the services or reimbursement of the cost of having those services supplied again.

 

To the full extent permitted by law, you hereby release EPB / EPM from any claim of any nature arising from your registration with EPB / EPM or use of this site. 

 

14. Indemnity

You hereby indemnify EPB / EPM and its employees, partners, and any other associated persons from any loss or damage you or any third person suffers or incurs as a consequence of your registration with EPB / EPM. On acceptance of your Membership Application Form and direct debit form (where applicable) you agree that EPB / EPM will not be liable for:

  • Any loss, damage or theft of property belonging to, or brought into a training session by you or your guest in promotional activities such as “Bring a friend” or “One week free trial” unless caused by our gross negligence.
  • Any death, personal injury or illness during training sessions or membership activities including the use of facilities, equipment except where this results from our gross negligence.

 

15. Feedback and Complaints

Your feedback is important to us and we take your concerns seriously. We will endeavour to answer your feedback and suggest solutions to any problems. If you make a complaint you will be contacted by the owner or delegate of EPB / EPM within one week to discuss your concerns. If you feel your complaint has not been fully resolved the owner will request your concern to be in writing to stpeter@eliteperformingminds.com.au in order for it to be fully investigated. An employee panel will review your concern and write back within 21 days of your written letter. 

 

16. Email

We receive and reply to email from users on a regular basis. For record-keeping purposes we retain copies of all incoming and outgoing email. Information in the email we receive or send will not be disclosed to any third party without the permission of the sender, either express or implied, unless required by law.

 

17. Changes to the Privacy Policy

We may change our Privacy Policy from time to time at our discretion and without notice. If we do, an updated version of this Privacy Policy will be made available on this site so that you remain aware of the data we collect, how we use it, and under what circumstances we disclose.

 

18. Privacy Policy

In order to provide our services we need to collect, use and dispose of certain personal information about individuals, in particular our customers. We respect those individuals’ privacy, and will ensure that we deal with the information in accordance with the National Privacy Principles under the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.

 

We will take all reasonable steps to ensure that all personal information we collect is only used for the reason it was given. We will make all reasonable efforts to store this information in a secure environment and to ensure that it can only be accessed by authorised personnel for permitted purposes. We will not sell, spam or swap any personally identifiable information that you give us with any other third party, except with contractors and related companies where they require your information to perform a business service on our behalf.

 

By using this site you agree that you have been adequately informed of our privacy policy and that you consent to us collecting, using and disclosing your personal information in accordance with this Policy.

 

We reserve the right at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. Please check this Privacy Policy periodically for changes. Continued use of this site after any changes will mean that you have accepted those changes.

 

19. Dispute

If a dispute arises under this agreement, the parties will attempt to negotiate a resolution by good faith negotiations. If a dispute persists for more than 14 days, either party can refer the dispute to mediation to be appointed by the Australian Commercial Disputes Centre. The cost of the mediation will be shared by the parties equally.