TERMS AND CONDITIONS
These Terms and Conditions and any document referred to in them (Terms) are between Ultimate Conditioning Health & Fitness (ABN 47 854 630 388), its successors and assignees (referred to as “we”, “us” or “our”) and you, the individual that purchases a Membership (referred to as “you” or “your”), and collectively the parties. If you accept these Terms on behalf of your child, any reference to “you” will be to your child where applicable.
These Terms will apply to the Youth Athlete Development Program or the Strength and Conditioning Program provided by us to you, or to your child.
The Youth Athletic Development Program, the Strength and Conditioning Program ,and Remote Training Programming includes the following:
• Preliminary Movement Assessment and Performance Testing;
• Individualised Introductory Onboarding Program;
• Ongoing Individually Tailored Programs (where necessary);
• Access to agreed number of semi-private-small group training sessions (if applicable);
• Gym Access and Coaching (if applicable);
• Visual Coaching Pro Training Portal Access;
We will have no obligation or Liability in connection with the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming until you accept these Terms. You will be deemed to have accepted these Terms by agreeing to these Terms on the Platform, whether on behalf of yourself or your child.
Your Membership will start on the Start Date, provided that:
• you confirm your acceptance of these Terms through the Platform, whether on behalf of you or your child and you complete the Direct Debit Request form (if applicable);
• you have paid us any initial up front fees (if applicable), and/ or completed the direct debit requests form (DDRF);
• any other conditions precedent contemplated by these Terms are satisfied.
IMPORTANT INFORMATION:
Risk Warning: Please note that your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, strenuous exercises, your training technique or equipment supplied by us. You agree and acknowledge that death, physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming.
If an automatic debit arrangement is in place, the Fee will continue to be debited from you or bank account until we receive 28 days written notice that you wish to terminate the agreement. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to us for damages for breach of contract.
Your Membership is subject to a 48 hour cooling-off period which commences on the Start Date unless we are not open for business on the Start Date in which case the cooling-off period will start from the time that we are next open. The cooling-off period ends 48 hours after it starts. During which either you or we can terminate your membership by giving notice in writing (including by email). Please note however that if you have completed the Preliminary Movement Assessment and Performance Testing and choose not to continue with your Membership you will be charged a $150 plus GST fee for that service.
1. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:
a) The Youth Athletic Development Program means the training program we agree to offer you under these Terms if you are under the age of 18.
b) The Strength and Conditioning Program means the training program we agree to offer you under these Terms if you are over the age of 18.
c) The Remote Training Programming means the training program we agree to offer you under these Terms if you are accessing our services remotely, off site, and away from our gym facilities, regardless of age.
d) Early Termination Fee means the fee payable by you to us for early termination of your participation in The Youth Athlete Development Program or The Strength and Conditioning Program.
e) Fee means the fees payable by you to us for participation in The Youth Athlete Development Program or the Strength and Conditioning Program at our facility.
f) Gym Facilities means the space and gym equipment we offer for your use, including the weights room, machines, and change rooms.
g) Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
h) Membership is your right to access the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming and the Gym Facilities, subject to and in accordance with these Terms.
i) Minimum Age Requirements means the minimum age requirements as communicated by us which may apply to the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming or our Gym Facilities if you are under the age of 18 years.
j) Minimum Initial Commitment Period means the minimum term of which you must commit to the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming is 52 weeks.
k) Opening Hours means the periods as set out on our Site, as updated from time to time or as otherwise communicated to you.
l) Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors, trainers, affiliates and members.
m) Platform means the Power Diary platform, the Site, or any other address or channel where you can purchase the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming.
n) Premises means 2 McPherson Street, Maddingley VIC 3340.
o) Public holiday means a nationally or state recognised holiday.
p) Session means a group training class offered by us at a specified time, which requires an enrolment or booking.
q) Site means our website available at http://ultimate-conditioning.com.au and may be available through other addresses or channels.
r) Start Date means the date that you are deemed to have accepted these Terms.
s) Term means the term of these Terms, commencing on the Start Date and ending on the later of the completion of the Minimum Initial Commitment Period, the expiry of any Renewal Terms and the date on which these Terms are terminated in accordance with their terms.
t) Training Portal means Visual Coaching Pro
u) Training week means the amount of sessions your fees allow you to participate in each week, rather than a full 7-day period.
2. Commencement
We will commence the provision of the Youth Athletic Development Program or the Strength and Conditioning Program on the Start Date and continue to provide the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming for the Term.
3. Our obligations
a) In consideration of you paying us the Fees, we will provide the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming in accordance with these Terms, whether ourselves or through our Personnel.
b) We will use our best endeavours to ensure the Premises are open during the Opening Hours.
4. General Terms
You acknowledge and agree that:
a) the provision of the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming or any part of your tailored training plan may be subject to availability of facilities or Personnel, movement assessment or our performance testing process which you will be required to fulfil. We reserve the right to refrain from providing you access to certain Gym Facilities or parts of your tailored training program if you fail to fulfil the requirements of the movement assessment or performance testing process;
b) we may make changes to these Terms, including the availability, timing or frequency of classes, support and inclusions in the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming, from time to time, by giving you at least 14 days’ notice. If we give you notice of any changes and the changes have a material adverse effect on you, you may notify us of this and provide evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us (see clause 11 for your rights); and
c) in order to access and make use of the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming (including but not limited to booking in for classes), you may need to create an account using an email address and password with Power Diary and Visual Coaching Pro.
5. Rules of Conduct
Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:
a) to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;
b) to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;
c) to not use the Premises for commercial or business-related activities and to refrain from causing disruption to other members or other people in the Premises;
d) to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming;
e) to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;
f) to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;
g) to keep any belongings and valuables you bring into the Premises safe;
h) to wear enclosed shoes and suitable clothing at all times when using the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming;
i) to cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming, as requested by us from to time, and comply with these requests in a timely manner; and
j) that you will remain solely responsible for all and any activities you undertake through the use of the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming.
6. Your acknowledgements and warranties
a) Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:
i. RISK WARNING: your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, strenuous exercises, your training technique or equipment supplied by us. You agree and acknowledge that death, physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming;
ii. in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Gym Facilities, the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming or your tailored training program, you must immediately notify us, cease using the Gym Facilities, the relevant services provided as part of the Youth Athletic Development Program, the Strength and Conditioning Program, the Remote Training Programming and your tailored training program and contact your medical provider;
iii. you are solely responsible for determining the suitability of the Youth Athletic Development Program, the Strength and Conditioning Program, the Remote Training Programming, and your associated tailored training program, as well as any Gym Facilities and your reliance on any information that is provided to you is at your own risk;
iv. we may, from time to time allow access to the Premises to external third parties and other athletes; and
v. we do not provide any guarantee as to the number of Personnel available, at any time, in the Premises.
b) You represent and warrant that:
i. you are 18 years or older, or if you are under 18 years, you have the consent of a legal guardian to participate in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming and that you meet the Minimum Age Requirements;
ii. if you are signing on behalf of your child, you have informed your child of the rules and risks of participating in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming;
iii. there are no legal restrictions preventing you from agreeing to these Terms;
iv. you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming, as requested by us from time to time, and will comply with these requests in a timely manner;
v. you will at all times comply with the rules of conduct set out in clause 5;
vi. any information you provide to us is true, correct and complete;
vii. where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming or any part of your tailored program, you will inform us immediately and either, you will not participate in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming or the relevant part of your tailored program; or you have received consent from a medical professional to participate in the Youth Athletic Development Program, the Strength and Conditioning Program, the Remote Training Programming or the relevant part of your tailored program;
viii. you will follow our reasonable instructions;
ix. you will inform us if you have reasonable concerns relating to our provision of the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns;
x. you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming and/or your tailored program to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require; and
xi. you will not participate the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming, attend our gym or participate in any part of your tailored program if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel.
7. Booking Sessions (The Youth Athletic Development Program and the Strength and Conditioning Program)
a) Our session structure requires that you commit to agreed and specific training days and times. These days and times will be made in consultation with us prior to you commencing either the Youth Athletic Development Program or the Strength and Conditioning Program.
b) If you cannot attend your Session you can cancel your Session via the Platform.
c) You can re-schedule any Sessions you cannot attend if it has been cancelled with more than 6 hours notice on the Platform, or by contacting us.
d) If a Session is missed by you without cancelling it on the Platform, or by contacting us directly, you forfeit that Session. These Sessions may be allowed to be re-scheduled at our complete discretion.
e) You can only re-schedule cancelled Sessions within the same week of which you cannot attend. Sessions cannot be saved to be used in future weeks.
f) If you cancel a Session that has been rescheduled you will be charged a $15 plus GST administration fee, that will be billed in your next billing cycle.
g) If you do not cancel your Session in accordance with the above clause, or do not attend re-scheduled Sessions, you may receive a strike against your Membership. If your Membership is subject to two strikes, you will be issued a warning, If you receive a warning your access to the Platform will be limited as communicated by us to you.
h) Any timetabled training sessions that are scheduled on public holidays may be rescheduled to earlier or later times on that same day at our absolute discretion. We will contact you either via phone, sms or email (such method at our discretion) and you will be give at least 48 hours notice of the rescheduling of these sessions and the associated times of these sessions.
i) You agree to pay us the Fee and any other amounts payable to us under these Terms, in accordance with the following:
j) if you are paying a weekly Fee, you must pay us the Fee weekly each Monday using direct debit payment. if the date we take Direct Debit payment is on a weekend or public holiday, we make take Direct Debit payment on the following business day.
k) You acknowledge that if you have chosen the weekly payment plan, the Fees are payable weekly for the whole Minimum Initial Commitment Period.
l) Where you have agreed to make payment by way of Direct Debit, we may directly debit from your nominated account or credit card any amounts due and payable under these Terms in accordance with our Direct Debit request form and any other terms or conditions agreed by you at the time of authorising us to directly debit your nominated account.
m) By authorising us to Direct Debit, you authorise EziDebit Pty Ltd (ABN 67 096 902 813) to continually debit your account through the Bulk Electronic Clearing System (BECS) on behalf of us for the Fee, and at the times and frequency as set out on the Platform, for the duration of the Term.
n) We may change our third party payment provider at any time, in our sole discretion. In these circumstances, we will notify you and you must complete and deliver to us a new Direct Debit request form authorising our new third party payment provider to debit the Fee from your nominated bank account.
o) Additional fees (being bank charges or administrative charges incurred by our third party payment provider) may apply for any overdue or late payments.
p) If you are paying weekly and the Start Date does not fall on a Monday, your first payment will be calculated on a proportional basis according to the number of days left until the first Monday billing date.
q) Without limiting any other provision of these Terms, we may increase the Fees for the Youth Athletic Development Program or the Strength and Conditioning Program, with 30 days’ notice to you via email and the increased Fees will apply to any renewal of your Youth Athletic Development Program or the Strength and Conditioning Program after the expiry of the Minimum Initial Commitment Period. If you disagree with our changes, you may terminate these Terms by providing us with 14 days’ notice before the Terms renew.
r) We will endeavour to contact you either via phone, sms or email (such method at our discretion) to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with written notice of overdue payments.
s) If any payment has not been made within 7 days of the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Youth Athletic Development Program or the Strength and Conditioning Program or restrict your access to the Premises.
t) If any payment has not been made by the due date set out in the Payment Terms, we may charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.
u) We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, including the fees for our engagement of debt collection services, and the right to commence legal proceedings for any outstanding amounts owed to us.
8. Australian Consumer Law
a) Certain legislation, including the Australian Consumer Law and Fair Trading Act (ACL) in 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 our provision of the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
b) You agree that our Liability for the provision of the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming is governed solely by the ACL and these Terms.
c) Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming) are provided to you without warranties, representations and guarantees of any kind.
d) This clause 8 will survive the termination or expiry of these Terms.
9. Liability – Recreational Activities
WARNING UNDER THE AUSTRALIAN CONSUMER LAW and FAIR TRADING ACT 2012 (VIC)
a) By accepting these Terms, you agree that you have read the risk warning on the front page of these Terms and at clause 6 (a)(i), and you are aware that the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming are recreational services (as that term is defined in the Australian Consumer Law and Fair Trading Act 2012 (VIC) and a recreational service (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that it can be dangerous. Recreational activities include your use of our Gym Facilities, your participation the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming or your child’s use of the Gym Facilities or participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming. You accept that there is a degree of risk and you acknowledge that by participating in the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming.
b) You agree to release Ultimate Conditioning Health & Fitness and any affiliates and all parties (including our Personnel) associated with organising and delivering the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming from any responsibility or legal liability in connection with the recreational activities or services. You agree that any liability in relation to recreational activities or services for death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you,
i. that is or may be harmful or disadvantageous to your or the community; or
ii. that may result in harm or disadvantage to you or the community in connection with the recreational activity or your attendance at the Premises and participation in the Youth Athletic Development Program, the Strength and Conditioning Program, and the Remote Training Programming is excluded.
c) This release does not apply to significant personal injury caused by reckless conduct by Ultimate Conditioning Health & Fitness and any affiliates and all parties (including our Personnel). If you have accepted these Terms on behalf of your child, you agree to the release and exclusion of liability above in relation to your child’s participation in the recreational activities and services.
d) This clause 9 will survive the termination or expiry of these Terms.
10. Limitations
Despite anything to the contrary, to the maximum extent permitted by law:
a) you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or
provided by or on behalf of us;
b) you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;
c) our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming to you, or, at our option, refunding to you the amount you have paid us for the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming;
d) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:
i. any event or circumstance beyond our reasonable control;
ii. any loss, theft or damage to your property (including personal items);
iii. any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming and/or any other member or user of the Premises; and/or
iv. lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming.
e) This clause 10 will survive the termination or expiry of these Terms.
11. Term and Termination
a) Your Membership will begin on the Start Date and continue for the Term.
b) Following the Minimum Initial Commitment Period, your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming, these Terms shall be automatically renewed for an ongoing weekly period unless either Party gives written notice to the other of 28 days to end this agreement.
c) Membership is subject to a 48 hour cooling-off period which commences on the Start Date unless we are not open for business on the Start Date, in which case, the cooling-off period will start from the time that we next open. The cooling-off period ends 48 hours after it starts. During which, either you or we can terminate your membership by giving notice in writing (including by email).
d) If your Membership is terminated within the cooling-off period in accordance with clause 11 c):
i. both parties will be discharged from any obligations and/or Liabilities under these Terms; and
ii. you will be entitled to a refund of any Fees paid by you; however, we may deduct (or invoice you if necessary) the cost of any services which you used during the cooling-off period in accordance with our fees for such services, and an administration fee of $70 plus GST.
e) If you cancel your Membership during the Minimum Initial Commitment Period, you must give us 28 days notice in writing, in which case the following will occur:
i. if you are on a weekly payment plan you must pay us the Early Termination Fee of 50% of the fees owed from the remaining weeks of the Minimum Initial Commitment Period
ii. both parties will be discharged from any obligations and/or Liabilities under these Terms from the first Direct Debit date after we receive notice of your cancellation of your Membership and we have received the Early Termination Fee.
f) In circumstances where you succumb to a recognised medical condition or injury that prohibits you from participating in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming (and you provide sufficient evidence of the same to our reasonable satisfaction), you may cancel your Membership in which case:
i. we will charge you an administration fee of $70 plus GST;
ii. we will waive any further Fees if you are on a weekly payment plan, however, you will need to pay the cost of any services which you used in accordance with our fees for such services, including the Preliminary Movement Assessment and Performance Testing at a cost of $150 plus GST.
g) You may terminate these Terms immediately upon written notice, if we commit a material breach of these Terms and we do not remedy the breach within 14 days of you giving us notice to do so, in which case you will be entitled to a pro rata refund for any Fees already paid by you to us, we will not charge you any further Fees and we will cease providing the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming to you.
h) We may terminate these Terms, immediately upon written notice, if:
i. you commit a serious breach of these Terms;
ii. you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;
iii. you act in a manner that is dangerous to or abusive of any person;
iv. any payment has not been made within 7 days of the due date set out in the Payment Terms; or
v. you breach any terms and conditions set out on any Direct Debit request or authorisation form.
i) If we terminate your Membership for any reason outlined in clause 11 h) we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach and:
j) If you are on a weekly payment plan, upon termination or expiry of these Terms, except for termination due to our breach, or termination by you during the Cooling Off Period, you agree that any Fees paid, are not refundable to you.
k) Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.
l) We may, in our absolute discretion, allow a suspension or freezing of your Membership. All suspension requests must be in writing 14 days prior to the said date. An administration fee of 50% plus GST of the usual weekly fees per week applies for any suspension requests. You may only suspend your Membership for a maximum of 4 training weeks each calendar year. If you suspend or freeze your Membership during the Minimum Initial Commitment Period, the Minimum Initial Commitment Period will be extended by the period for which you have suspended or frozen your Membership.
m) This clause 11 will survive the termination or expiry of these Terms.
12. Collection Notice
a) We collect personal information about you in order to provide the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming to you, to enable you to access and use the Gym Facilities, to monitor your progress and tailor programs for you, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
b) We may disclose that information to third party service providers who help us deliver our services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
c) Our Privacy Policy contains further information about:
i. how we store and use your personal information;
ii. how you can access and seek correction of your personal information;
iii. how you can make a privacy-related complaint; and
iv. our complaint handling process.
d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
13. Disputes
a) If you have any feedback or questions about the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming, please contact us.
b) If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming you must tell us in writing the nature of the your complaint and/or dispute, what outcome you want and what action you think will settle the dispute. Within 7 days of receiving your notification, we will contact you to seek to resolve your complaint.
14. General
a) Notices: Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
b) Publicity: You agree that we may advertise or publicise our provision of the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming to you, including on our website or in our promotional material. Please let us know if you would not like your participation in the Youth Athletic Development Program, the Strength and Conditioning Program, or the Remote Training Programming to be publicised.
c) Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. This means you cannot transfer your Membership to another person. We may assign or transfer our rights or obligations under these Terms with notice to you.
d) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
e) Amendment: We may amend these Terms by providing you with at least 30 days’ notice via email. If you believe the changes will have a material adverse effect on you, you may notify us of this and provide us with evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us (see clause 10 for your rights).
f) Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria
g) Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.
For any questions or notices, please contact us at:
Ultimate Conditioning Health & Fitness (ABN 47 854 630 388)
Address: 2 McPherson Street, Maddingley Vic 3340
Email: trent@ultimate-conditioning.com.au
Last update: 17th November 2021