Terms of service

The Strength Society Terms and Conditions

The Strength Society provides coaching services.

Any reference to “The Strength Society”, “we”, “our”, “us” or similar words throughout this agreement includes our directors, employees, agents, presenters, associates, successors and assigns. Any reference to “you” or “your” or similar words includes you, your successors and assigns.

When you purchase The Strength Society coaching services you agree to be bound by these terms and conditions.

1. You must be over the age of 18 years to participate in any of our coaching packages.

2. By signing up for one of our coaching programs/packages, you confirm that you have read and understood and agree to these terms and conditions including our release, disclaimer and indemnity.

3. Individual components of a coaching program/package are not redeemable, transferable, or interchangeable if you are unable to use them during the term of your chosen program/package.

4. We currently make face-to-face coaching program/packages available at Elite Military Fitness Performance Centre, Robina, Gold Coast, Australia. Online coaching program/packages are available worldwide.

5. It is your responsibility to arrive at the scheduled time for your in-person or online coaching session and to be ready to start at the time your session is due to start. Session times will not be extended if you are running late.

6. Whatever coaching program/package you purchase, it is your responsibility to make the best use of the number of face-to-face and/or online sessions available. The number of available sessions expire and reset every week. Missed sessions will not be rescheduled for a later week.

7. Email Communications
   By purchasing any coaching program or package from The Strength Society, you acknowledge and agree that you will be subscribed to receive email communications from us. These emails may include program updates, coaching tips, offers, and other relevant information. You may unsubscribe from marketing emails at any time using the unsubscribe link included in each email.

8. Program Access
   Access to your purchased coaching program and Trainerize account will be available for the duration of the program plus a maximum of two weeks following the program end date. After this period, access may be revoked without further notice.

9. If you are unable to attend a face-to-face session due to special circumstances (wedding, funeral, sick kids etc.), no later than 24 hours prior to your booking you may request a replacement session the same week. There is no guarantee that session will be able to be moved to a new time that week. If you are unable to attend the session and do not request to reschedule minimum of 24 hours prior, no reschedule of the session will be available.

Health and Safety

1. Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health.

2. You are responsible for ensuring that you are physically fit and in a condition that will allow you to participate fully in any coaching session. You should not participate in our coaching sessions and/or programs if you suffer any physical or health issues that may be badly affected, or against the advice of your health practitioner.

3. You should seek specialist advice suitable to your circumstances if you have any concerns regarding your health before, during or after your participation in a coaching program or session.

4. We make all reasonable endeavours to ensure that the activities recommended by The Strength Society are safe, but our activities do carry some inherent risks. In particular, fitness training carries the risk of personal injuries. Injury may arise from:

• Executing strenuous moves;

• Incorrect usage of equipment or techniques by you;

• Fatigue, pain, frustration, and/or anxiety; or

• Physical exertion and increased heart rate.

This list is not exhaustive, and there are other risks you may not have anticipated which may result in injury not limited to sprains, strains, scratches, abrasions, bruises, muscle pulls or tears, bone fractures or breaks, injuries to joints, spinal injury, head injury, hernia, dizziness, paralysis or death.

Release, Disclaimer & Indemnity

1. You acknowledge that there is no guarantee that you will achieve particular results from participating in coaching program/packages. Unless stated otherwise for a particular program. Guarantees will be listed in detail under the "guarantee" section.

2. You acknowledge that the results achieved through your participation in coaching program/packages are your responsibility. Unless stated otherwise for a particular program. Guarantees will be listed in detail under the "guarantee" section.

3. By enrolling in a coaching program/package, you acknowledge and agree that:

• The Strength Society will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in our program or any activities suggested by the program (collectively “Program Activities”).

• You RELEASE The Strength Society from any and all liability for any loss, damage, injury or expense suffered by you or your next of kin, resulting from your participation in Program Activities.

• You will INDEMNIFY and hold The Strength Society harmless against any and all liability for personal injury, or property damage suffered by you or any third party as a result of your participation in Program Activities.

• You ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in Program Activities including but not limited to personal injury, illness, negligence economic or property loss, even if such risks are caused or contributed to by the negligence of The Strength Society.

1. You release forever The Strength Society from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through the program, to the fullest extent permissible by law.

Our responsibilities

1. We will provide coaching program/packages in a professional and competent manner.

2. We will provide face-to-face/online sessions/program/plans designed to support your nominated fitness goals.

3. All the equipment we use in face-to-face sessions is fit for the training provided.

Photographs and video

1. You agree not to use video, audio or photographic devices during coaching sessions in a way that record your coach or any other person, without that person’s prior consent.

2. You grant The Strength Society permission to use any photographs or videos taken of you during a session or as provided by you, together with your name and any testimonial.

3. You agree that The Strength Society may use photographs or video and your details on its website or in its program materials for marketing or the creation of commercial products. You agree that no compensation will be paid or owed to you at any time for the use of your image or personal information in that way.

Payment, cancellation and refunds

1. 4 weeks up front deposit is required prior to the commencement of coaching. All prices are listed inclusive of applicable GST.

2. Please choose the coaching package appropriate to your needs. Due to the limited number of coaches and time available for coaching sessions, you must provide at least 30 days’ notice for cancellation of this agreement.

3. You agree that if you purchase a coaching program/package you are responsible for full payment of fees for the entire package, regardless of whether you attend, or complete all sessions, coaching sessions/calls and seminars available. There will be no refunds, discounts, substitutions or replacements if you fail to attend. It is your responsibility to meet your own training commitments.

4. Payment can be made by EziDebit or Pay Advantage or direct deposit.

5. Payment can be made in full at the time of sign up, or by way of weekly direct debit. You will be asked to enter into a direct debit agreement with our nominated payment provider at the time you sign up for the coaching program/package. The terms of that agreement will explain how the payment provider manages dishonoured payments and expired cards.

6. If any account remains overdue after 7 days, then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) will be charged for administration fees which sum will become immediately due and payable.

7. Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).

8. If any payment is dishonoured for any reason you agree to pay any dishonour fees incurred by The Strength Society, as well as any costs and disbursements incurred by The Strength Society in pursuing the debt (including legal costs on a solicitor and own client basis and collection agency costs).

General

1. We may update these terms and conditions from time to time and will provide 30 days’ notice to you of any changes that apply to you.

2. Any time or other indulgence granted by either party will not in any way amount to a waiver of any of rights or remedies that party is entitled to under these terms and conditions.

3. The laws of Australia govern these terms and conditions and you agree to be subject to the jurisdiction of the courts of Australia if there is a serious dispute between the parties.

4. If any of these terms and conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

5. If we provide the coaching program/package to you, you agree to these terms, whether or not you sign anything.