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Terms & Conditions

Adaptive Strength Terms and Conditions, effective from 6th November 2023

  1. Introduction

1.1 Definition of Key Terms

Adaptive Strength: Refers to Adaptive Strength, a trading name of BOX33 KETTLEBELL ACADEMY PTY LTD, ACN 628 086 653, ABN 62 628 086 653, the provider of Performance Program, High Performance Program, One on One Personal Training, and other related services.

Member: Refers to an individual who has accepted these Terms and Conditions and has registered for membership with Adaptive Strength.

Performance Program: An individualized program offered by Adaptive Strength that includes a dedicated assigned coach, Supervised Personal Training, monthly check-ins, accountability, and access to the member’s portal.

High Performance Program: A comprehensive package offered by Adaptive Strength that encompasses everything in the Performance Program in addition to nutrition coaching, lifestyle coaching (covering areas such as sleep and stress), habit tracking, and progress tracking.

One on One Personal Training: Refers to individualized personal training sessions provided directly by Adaptive Strength to its Members.

1.2 Acceptance of Terms

By registering for membership with Adaptive Strength, the Member agrees to be bound by these Terms and Conditions. The Member acknowledges that failure to comply with any of the terms outlined may result in the termination of their membership and restriction from Adaptive Strength services and facilities.

1.3 Changes to Terms

Adaptive Strength reserves the right to amend, modify, or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on Adaptive Strength’s official website or by direct communication to the Member. Continued use of Adaptive Strength’s services and facilities by the Member after such changes constitutes acceptance of the revised Terms and Conditions.

 

  1. Membership

2.1 Eligibility

To be eligible for membership at Adaptive Strength, individuals must be at least 18 years of age or, if under 18, require parent/guardian consent. Adaptive Strength reserves the right to refuse membership to any individual based on health and safety concerns or any other reason deemed appropriate by Adaptive Strength.

2.2 Registration

Registration for membership requires the completion of the Adaptive Strength Membership Agreement form, agreement to these Terms and Conditions, and payment of the applicable membership fees. The prospective Member may be required to provide relevant health information and undergo a fitness assessment to ensure the safety and suitability of Adaptive Strength’s services.

2.3 Membership Options

Adaptive Strength offers various membership levels to cater to the diverse needs and goals of our Members:

  1. a) Performance Program: Includes individualized programming, a dedicated assigned coach, Supervised Personal Training, monthly check-ins, accountability, and access to the member’s portal.
  2. b) High Performance Program: Features everything from the Performance Program, with the addition of nutrition coaching, lifestyle coaching (covering areas such as sleep and stress), habit tracking, and progress tracking.
  3. c) One on One Personal Training: Members are required to choose a membership level that aligns with their goals and needs. Any changes to the membership level must be communicated to Adaptive Strength in writing and may be subject to additional fees and a revised agreement.
  1. Programs (Performance Program & High Performance Program)

3.1 Description of Services

  1. a) Performance Program: Includes individualized programming, a dedicated assigned coach, Supervised Personal Training, monthly check-ins, accountability, and access to the member’s portal.
  2. b) High Performance Program: Features everything from the Performance Program, with the addition of nutrition coaching, lifestyle coaching (covering areas such as sleep and stress), habit tracking, and progress tracking.

3.2 Customization

Every Performance Program is carefully designed, considering the individual needs, goals, and fitness levels of the Member, ensuring a bespoke and effective approach to health and fitness.

3.3 Accountability

Members are held accountable for adhering to their Performance Program through regular check-ins and progress assessments conducted by the assigned coach, ensuring continuous advancement towards their goals.

3.4 Duration & Termination

All agreements are subject to a 7-day cooling-off period, commencing at the time of signing the agreement. During this period, Members may terminate their membership without cause, with all monies refunded on a pro-rata basis, excluding charges for services already delivered. Refunds will be processed within 14 days of termination. A 4-week notice period applies to all cancellations, submitted via the online ‘Cancellation Membership Form’.

  • Cancellation/Termination Within Minimum Term: Cancellation before the expiry of the Minimum Term is permissible under specific conditions such as medical incapacity, relocation more than 30 kilometers away from the Studio, or bankruptcy, provided suitable documentation is presented. Members have the option to transfer their Membership Contract to a new member (fees apply), waiving the departure fee. Otherwise, a departure fee, calculated based on the remaining duration, will apply.
  • Cancellation On or After the Minimum Term: Post the minimum term, memberships can be canceled with a 4-week notice, submitted via the online ‘Cancellation Membership Form’. Membership Pause is not available during the notice period, and all outstanding payments must be settled before the start of the notice period. A cancellation request cannot be processed if the account is overdue.

3.5 Fees & Payments

Members are responsible for the payment of Membership Dues and any other ongoing payments. All continuous memberships are paid weekly in advance through direct debit or periodic credit card authority under the Payment Authority Form; no other forms of payment will be accepted. The first weekly payment is due prior to the commencement of the membership. Access to the members’ portal, coaching, and accountability will be restricted if Membership Dues remain outstanding.

3.6 Pause of Membership

Pause of Membership may be possible under the terms of this Agreement. You may suspend for a minimum of 1 weeks at a time so long as the total time on hold within 1 year does not exceed 8 weeks. 

Your membership may be frozen for one or more consecutive whole weekly billing period, but cannot be frozen for only a part of any weekly billing period. 

Pause of Membership applications must be submitted via the online ‘Pause Membership Form’. This is available in your Member Portal and the Adaptive Strength website. Other forms of notification are not accepted. Please see the ‘House Rules’ module. This must be completed with reasonable notice (7 business days) prior to commencement of suspension. There is no charge to put a membership on pause unless otherwise stated in specific membership terms. 

During a minimum term contract, any pause or hold period will extend the contract’s expiry date accordingly, ensuring that the full duration of the contract remains intact regardless of any interruptions.

3.6.1 Extended Pause of Membership

You can Pause your membership for up to 16 weeks for travel or medical reasons, but we must be reasonably satisfied by your supporting documents. There is an Extended Pause Membership fee for all memberships of $5 per week. NOTE: If you have a medical reason, are bankrupt or made redundant and supply dated supporting documentation we will not charge you for Extended Pause of Membership for up to 8 weeks per calendar year to allow you time to recover.

3.6.2 Session Make-up Credits: We’re no longer offering make-up session credits, however if you have missed a whole week (in alignment with billing cycle) and did not or could not pause your membership, then Adaptive Strength, at its discretion may convert to a massage gift voucher for the equal value as your membership.

3.7 Assigned Coach

Upon purchasing the Performance Program, Members will be assigned a coach. It is imperative to understand that Members are purchasing the coaching services provided by Adaptive Strength, not the services of an individual Coach. In cases where the assigned Coach is unavailable, another qualified Coach will be assigned to ensure continuity in the program. Refunds are not entitled if the originally assigned Coach is not available.

3.8 Supervision

Supervised PT sessions are facilitated by a variety of Floor Coaches. The allocated Floor Coach may change depending on session time and Floor Coach availability to maintain a versatile and adaptive training environment. This variability allows for diverse perspectives and techniques in your training, contributing to a well-rounded fitness experience. Supervised PT allows up to 10 people per Floor Coach, ensuring a comprehensive and tailored approach to each member’s needs.

3.9 Schedule & Booking

Members can use the facility during our open hours, in accordance with the maximum number of sessions as per the membership selected. It is imperative to book into time slots through the booking application specified by Adaptive Strength to ensure a structured and conducive training environment. Failure to book may result in members being turned away to ensure members’ numbers stay under 10 per Floor Coach at any one time.

3.10 Floor Coach

A Floor Coach will be available during supervised access hours to provide support, answer questions, ensure a safe training environment, and ensure correct execution of exercises. The role of the Floor Coach is to facilitate training and workouts, not to provide Personalised Coaching Plans, which are available separately.

3.11 Open Gym
For the sake of maintaining technique quality and overall safety, we’re phasing out the open gym and it will no longer be available and replacing it with unlimited coaching sessions, unless your contract specifies otherwise.

3.12 Fee Increase

After the minimum contractual period, Adaptive Strength reserves the right to increase membership fees, making reasonable endeavors to provide at least 2 weeks’ written notice. Notices sent to the latest address provided are considered received on the second business day after posting. Members authorize Adaptive Strength to increase any direct debits to their credit card or bank account accordingly, given that reasonable endeavors have been made to provide notice.

3.13 Obligation of Clients

3.13.1 Members are obligated to:

  • Engage with Assigned Coach: Actively engage with their assigned coach by completing any assigned tasks such as reading resources in the client portal, watching instructional videos, and participating in exercises and activities.
  • Habit and Progress Tracking: Diligently track habits and progress if assigned, providing accurate and timely information to assist in monitoring development and adjusting the program as necessary.
  • Monthly Check-Ins: Participate in monthly check-ins to review progress, address concerns, and adjust goals and strategies as needed.
  • Open Communication: Promptly communicate any issues experienced, such as injuries, changes in family or personal situations, or the need for additional support, to their assigned coach.
  • Nutrition, Sleep, and Stress Guidance: Follow the guidance provided as part of the coaching plan in these areas, and report any challenges or deviations to the coach.
  • Accountability: Be accountable for progress and adherence to the program, take responsibility for actions, seek support when needed, and be proactive in overcoming obstacles.
  • Respect and Open-mindedness: Remain open-minded to suggestions and feedback, ensuring a constructive relationship with the coach.
  • Confidentiality: Respect confidentiality agreements, keeping any personal information or challenges shared with the coach confidential.
  • Timely Feedback: Provide prompt feedback on any exercises, nutrition plans, or other aspects of the program to ensure continuous improvement and personalization.
  • Continuous Learning: Embrace the opportunity for growth and continuous learning provided by the Personalised Coaching Plan, seeking knowledge beyond assigned resources when appropriate.

3.13.2 Members utilizing Supervised PT are expected to adhere to the following responsibilities:

  • Professional Behavior: Clients must be respectful and considerate of others in the studio.
  • Compliance: They should follow directions from the studio’s personal trainers.
  • Medication: Clients are responsible for their own medication; the studio doesn’t hold them.
  • Hygiene: Towels should be used for all studio activities.
  • Equipment Use: All equipment should be used correctly and safely.
  • Equipment Maintenance: After use, equipment should be returned cleanly to its proper place.
  • No Substance Abuse: There should be no use, sale, or distribution of illicit substances in the studio.
  • No Entry Under Influence: The studio can refuse entry to anyone under the influence of substances.
  • Non-Smoking Policy: No smoking is allowed in or near the studio.
  • Dress Code: Appropriate attire is mandatory at all times.
  • Age Limit: Those under 16 must be accompanied by a guardian or personal trainer.
  • Safety: Any equipment damage or potential safety issue should be reported immediately.
  • Guidance: If unsure about exercises, clients should seek advice from personal trainers.
  • Studio Rules: Clients are expected to read and understand the ‘House Rules’ from the client portal.

3.14 Pandemic Events

During a pandemic, Adaptive Strength may adjust services, implement additional safety measures, or temporarily suspend operations following health authority guidelines. In the occurrence of a Pandemic Event, such as COVID-19, wherein either the State or Federal Government mandates the closure of the Studio, the following protocols will be observed:

  • Continuation of Payments: Members’ direct debit payments will persist during the Studio’s closure. This continuation is reflective of Adaptive Strength’s commitment to fostering a balance between health, fitness, life, and responsibilities amongst its Members.
  • Adjustment of Services: Adaptive Strength will aim to provide alternative services such as online coaching, virtual classes, and digital resources to support Members in maintaining their fitness and well-being during such closures.

Members will be informed of any alterations, and any impact on fees and services will be addressed in accordance with the Membership Agreement.

3.15 Refunds

Refunds are not provided for change of mind after the cooling-off period has elapsed. If the Assigned Coach and/or Floor Coach is unavailable due to holiday or sickness, Members should contact the Studio Manager for a temporary replacement. Refunds are not available for rescheduled sessions under these circumstances. In instances where the Assigned Coach leaves the Studio, a suitable replacement will be assigned, and the Member’s complete training history will be transferred. Refunds are not offered in these instances.

3.16 Safety and Security

Members are responsible for their safety and security while using the studio. They must follow safety instructions, use equipment correctly, and report any incidents, accidents, or unsafe conditions immediately to Adaptive Strength staff.

3.17 Personal Belongings

Adaptive Strength is not responsible for any loss, damage, or theft of personal belongings brought into the studio. Members are advised to keep their valuables secure and use the provided lockers if available.

3.18 Facility Maintenance

Members are required to handle equipment with care and report any damages or malfunctions to the staff immediately. Members should wipe down equipment after use and return it to its designated place.

3.19 Studio Closure

Adaptive Strength reserves the right to temporarily close the studio for maintenance, repairs, or other operational reasons. Members will be notified in advance, and where possible, alternative arrangements will be made.

3.20 Liability Waiver

Members acknowledge that using the studio facilities involves inherent risks and agree to waive any claim against Adaptive Strength for injuries or damages incurred while using the facilities, except where such injuries or damages are due to the negligence of Adaptive Strength or its staff.

 

  1. One on One Personal Training

4.1 Overview

One on One Personal Training is a bespoke service offered by Adaptive Strength, focused on providing individualized attention, guidance, and support to help clients reach their fitness goals effectively. Clients work closely with a certified personal trainer to design a tailor-made workout plan, nutritional guidance, and progress tracking.

4.2 Booking & Cancellation

All One on One Personal Training sessions are scheduled by appointment. For efficient time management and to respect the trainers’ schedules, clients are required to give at least 4 hours’ notice for cancellations. Appointments set for Mondays should be cancelled by the preceding Friday. Sessions cancelled less than 4 hours before the scheduled time will incur charges at the normal rate.

4.3 Session Duration & Punctuality

Each training session is one (1) hour in duration, inclusive of thirty (30) minutes of personal training and thirty (30) minutes of accountability training.

  • Arrival Time: All clients are required to arrive fifteen (15) minutes prior to the commencement of their scheduled session to conduct the prescribed warm-up routine. Failure to complete the warm-up before the session starts will result in it being integrated into the allocated session time.
  • Late Arrivals and No-Shows: If a client is more than fifteen (15) minutes late for a scheduled session, it will be considered a no-show and will be charged the equivalent of one (1) session at the agreed session rate.

4.4 Trainer Assignment & Consistency

Clients will be assigned a dedicated trainer to ensure consistency and build a strong trainer-client relationship. However, due to scheduling or unforeseen circumstances, there may be occasions when an alternative trainer will conduct the session.

4.5 Payment & Package Expiry

Payments for One on One Personal Training can be made through a recurring membership or package. For recurring memberships, Members are responsible for the payment of Membership Dues and any other ongoing payments. All continuous memberships are paid weekly in advance through direct debit or periodic credit card authority under the Payment Authority Form; no other forms of payment will be accepted. The first weekly payment is due prior to the commencement of the membership. Access to the members’ portal, coaching, and accountability will be restricted if Membership Dues remain outstanding. Clients can choose from a variety of packages, each with its expiry date. Unused sessions after the expiry date will not be refundable or transferable.

4.6 Client Commitment & Communication

Clients are expected to actively participate in each session, communicate their goals and challenges, and adhere to the workout and nutrition plans provided by the trainer. Open communication is key for adapting the program to the client’s evolving needs and ensuring sustained progress.

4.7 Health & Safety

Clients must inform their trainer of any medical conditions, injuries, or other health-related concerns that may affect their training. Safety is paramount, and trainers will adjust the workout plan accordingly to prevent any risk to the client’s health.

4.8 Respect & Conduct

Clients and trainers are expected to maintain a professional and respectful relationship. Any inappropriate behavior, misconduct, or breach of Adaptive Strength’s policies may result in the termination of the personal training service.

4.9 Progress Tracking & Adjustments

Regular progress tracking is essential for assessing the effectiveness of the training program and making necessary adjustments. Clients are encouraged to actively engage in feedback sessions and be transparent about their experiences.

4.10 Pandemic Protocols

In the event of a pandemic, Adaptive Strength will adhere to health guidelines, which may include modifying sessions, implementing additional safety measures, or temporarily suspending One on One Personal Training services. Clients will be informed promptly of any changes and are expected to comply with new protocols for the safety of both clients and trainers.

4.11 Fee Increase

After the initial contractual period, Adaptive Strength reserves the right to increase the fees for One on One Personal Training. Adaptive Strength commits to making reasonable endeavors to provide clients with at least 2 weeks’ written notice prior to any fee increase. Notices sent to the last address (email or postal) provided by the client are considered received on the second business day after posting. Clients authorize Adaptive Strength to increase any direct debits to their credit card or bank account accordingly, given that reasonable endeavors have been made to provide notice.

4.12 Safety and Security

Members are responsible for their safety and security while using the studio. They must follow safety instructions, use equipment correctly, and report any incidents, accidents, or unsafe conditions immediately to Adaptive Strength staff.

4.13 Personal Belongings

Adaptive Strength is not responsible for any loss, damage, or theft of personal belongings brought into the studio. Members are advised to keep their valuables secure and use the provided lockers if available.

4.14 Facility Maintenance

Members are required to handle equipment with care and report any damages or malfunctions to the staff immediately. Members should wipe down equipment after use and return it to its designated place.

4.15 Studio Closure

Adaptive Strength reserves the right to temporarily close the studio for maintenance, repairs, or other operational reasons. Members will be notified in advance, and where possible, alternative arrangements will be made.

4.16 Liability Waiver

Members acknowledge that using the studio facilities involves inherent risks and agree to waive any claim against Adaptive Strength for injuries or damages incurred while using the facilities, except where such injuries or damages are due to the negligence of Adaptive Strength or its staff.

 

Section 5: Conduct and Safety

5.1 Respectful Behavior

All members, clients, and staff are required to maintain a respectful and courteous demeanor at all times within the facility. Any form of disrespectful behavior, harassment, or discrimination will not be tolerated and may result in immediate termination of membership or access to the facility.

5.2 Safety Compliance

Clients must adhere to all safety protocols and guidelines established by Adaptive Strength. This includes the correct usage of equipment, following instructions from staff, and reporting any incidents, injuries, or unsafe conditions immediately.

5.3 Proper Attire

Wearing appropriate workout attire and closed-toe athletic shoes is mandatory for everyone accessing the facility. Any individual not adhering to the dress code may be denied access to the studio.

5.4 Personal Belongings

Adaptive Strength is not responsible for lost, stolen, or damaged personal belongings. Clients are encouraged to keep valuables secured and avoid bringing unnecessary items to the studio.

5.5 Hygiene

Good personal hygiene must be maintained for the comfort and health of all clients and staff. Towels must be used during workouts, and equipment must be wiped down after use. Clients exhibiting signs of contagious illness are requested to refrain from attending sessions until fully recovered.

5.6 Emergency Procedures

In case of an emergency, clients should follow the instructions of Adaptive Strength staff and comply with all evacuation or emergency response procedures. Clients are required to report any accidents or injuries to a staff member immediately.

5.7 Substance Abuse

The use, sale, or distribution of illicit substances within the facility is strictly prohibited. Anyone found violating this policy will face immediate termination of membership and may be reported to the relevant authorities.

5.8 Age Restriction

Individuals under the age of 16 must be accompanied by a guardian or a personal trainer while accessing the studio. Adaptive Strength reserves the right to verify age through appropriate identification.

5.9 Reporting Concerns

Clients are encouraged to promptly report any concerns, suggestions, or issues related to conduct and safety to Adaptive Strength management for timely resolution.

5.10 Pandemic Protocols

Clients must comply with any additional safety measures, protocols, or adjustments implemented by Adaptive Strength in response to pandemic events, following health authority guidelines.

5.11 Liability Waiver

All clients are required to sign a liability waiver acknowledging the inherent risks associated with physical activity and agreeing to not hold Adaptive Strength liable for any injuries sustained while participating in programs or using the facility.

5.12 Responsibility for Damage

Members are responsible for any damage they cause to the studio or its equipment, whether willfully or through negligence. They will be held liable for the costs associated with repairing or replacing such damages. All incidents resulting in damage must be reported to the Adaptive Strength staff immediately.

 

  1. Transfer of Membership

6.1 Conditions

Memberships and Packages at Adaptive Strength are personal to the client and are non-transferable under general circumstances. However, exceptions may be made, particularly for Memberships, that are for a period longer than six (6) months. The final decision regarding the transfer of membership rests solely at the discretion of the Director, ensuring that the transfer aligns with the studio’s policies and the recipient’s suitability.

6.2 Process

  1. Request Submission: The member wishing to transfer their membership must submit a written request to the Studio, outlining the reasons for the transfer.
  2. Assessment of Suitability: The third party receiving the transfer must undergo the full consultation process, where their suitability for the program will be assessed in line with Adaptive Strength’s standards.
  3. Approval: Upon a positive assessment, the transfer request will be reviewed by the Director. The member and the third party will be informed of the decision promptly.
  4. Payment of Transfer Fee: If the transfer is approved, a $200 transfer fee will be applied. This fee must be paid before the transfer is finalized.
  5. Agreement Signing: The third party, upon approval and payment of the transfer fee, will be required to sign a new membership agreement, acknowledging the terms and conditions of Adaptive Strength.

6.3 Fees

A transfer fee of $200 is applicable for all approved membership transfers. This fee covers the administrative costs associated with processing the transfer and must be paid in full before the membership can be officially transferred to the third party. The transfer fee is non-refundable, irrespective of whether the third party continues to use the membership.

 

  1. Money Outstanding/Overdue

7.1 Notification

Members will be promptly notified via email and/or phone if any amount due for their membership or studio access is not paid by the due date. A detailed statement of the outstanding dues will be provided, and members are expected to rectify the situation immediately to avoid additional fees and suspension of services.

7.2 Late Fees

Should a member fail to settle the outstanding amount promptly, late fees will be applied to the account. A fee of up to $35.00 per transaction will be charged, and recovery costs of up to $50 may be applicable. These fees are in addition to the outstanding amount and are non-refundable.

7.3 Termination

If a member continues to have outstanding dues and fails to communicate or cooperate with Adaptive Strength to resolve the issue, their membership may be subject to termination. Access to both coaching services and the Studio will remain suspended until outstanding payments, including any additional fees, are fully settled.

In cases where the account is forwarded to an external Debt Collection agency, the member will be held responsible for covering the agency’s fees, which will be added to the total outstanding amount.

Note:

If members are experiencing difficulties making payments, Adaptive Strength encourages open communication to discuss possible solutions or assistance. Early communication can help prevent additional fees and potential termination of membership services.

 

  1. Disclaimer of Liability

8.1 General Disclaimer

Adaptive Strength (the “Studio”) is not liable for any personal injury, loss, or damage to property suffered by any member or guest, whether or not such injuries or damages arise out of the negligence of the Studio, its employees, or agents.

8.2 Personal Risk

Members acknowledge and agree that they participate in the Studio’s activities, use its facilities, equipment, and services at their own risk. Members are advised to consult with their physician before participating in any physical activity, including those offered by Adaptive Strength.

8.3 Third-Party Actions

The Studio is not responsible for the actions, behaviors, or misconduct of any members, visitors, or third parties within the Studio premises or during Studio-sanctioned events. Any disputes or claims arising from such actions are solely between the disputing parties.

8.4 Personal Belongings

Members are responsible for their personal belongings while in the Studio or participating in Studio activities. Adaptive Strength is not liable for any loss, theft, or damage to personal property.

8.5 Waiver of Liability

By agreeing to the terms and conditions, members voluntarily waive any claim they may have against Adaptive Strength, its directors, employees, or agents for any injury, loss, or damage, except where such injury, loss, or damage is due to the gross negligence or willful misconduct of Adaptive Strength.

8.6 Indemnification

Members agree to indemnify and hold harmless Adaptive Strength, its directors, employees, and agents from any and all claims, liabilities, damages, and expenses, including reasonable attorney’s fees, arising out of or related to their use of the Studio’s facilities, equipment, services, or participation in Studio activities.

8.7 Safety Compliance

Members are required to comply with all safety instructions and guidelines given by Studio staff. Failure to comply may result in immediate termination of membership without any refund or compensation.

8.8 Medical Conditions and Injuries

Members with medical conditions, injuries, or impairments that may impact their ability to participate safely in physical activities must inform the Studio before engaging in any exercise or program. Adaptive Strength reserves the right to refuse service to anyone based on health and safety considerations.

8.9 Emergency Medical Treatment

In case of a medical emergency, Adaptive Strength reserves the right to administer first aid and/or call emergency services as deemed necessary for the member’s welfare, at the member’s expense.

8.10 Acknowledgment of Risk

Members acknowledge that participation in physical exercise and activities inherently involves certain risks and represent that they are voluntarily participating with knowledge of the dangers involved.

 

  1. Intellectual Property

9.1 Ownership

All content, including but not limited to, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software in the member portal, is the property of Adaptive Strength or its content suppliers and is protected by international intellectual property laws. Adaptive Strength owns or holds the necessary licenses for all intellectual property in the member portal and the resources provided therein.

9.2 Member Use

Members are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the member portal and its resources for personal, non-commercial purposes only. Members are strictly prohibited from copying, distributing, transmitting, displaying, reproducing, publishing, licensing, modifying, creating derivative works from, or selling any information, software, products, or services obtained from the member portal, without the prior written consent of Adaptive Strength. Members are responsible for complying with all applicable copyright, trademark, and other intellectual property laws when using the member portal and its resources.

9.3 Breaches

Any unauthorized use, reproduction, or distribution of the content in the member portal constitutes a breach of these terms and conditions and may result in immediate termination of membership, legal action, and damages being sought. Members agree to indemnify and hold harmless Adaptive Strength against any claims, damages, costs, or losses incurred as a result of such unauthorized use. Members are encouraged to report any suspected breaches of intellectual property rights to Adaptive Strength promptly.

9.4 Reporting Infringements

If members become aware of any unauthorized or improper use of the intellectual property related to the member portal or any of its contents, they are obligated to report such infringements to Adaptive Strength immediately, facilitating prompt and appropriate action.

9.5 Preservation of Rights

Nothing in this Agreement shall constitute a transfer of any intellectual property rights from Adaptive Strength to any member, nor shall it grant any right or license other than those explicitly stated herein. Adaptive Strength reserves all rights not expressly granted under this Agreement.

By using the member portal, members acknowledge and agree to abide by these intellectual property terms, recognizing that violation of any of these terms may result in severe legal consequences, both civil and criminal.

 

  1. Privacy Policy

10.1 Data Collection

Adaptive Strength is committed to protecting the privacy and security of our members. We collect a range of data from members to optimize our services and enhance the overall user experience. The types of data collected include, but are not limited to:

  • Personal identification information (name, email address, phone number, etc.).
  • Health and fitness-related data (health history, fitness level, goals, etc.).
  • Payment and billing information.
  • Interaction data (usage, preferences, and feedback).
  • Technical data (IP address, browser type, etc.).

10.2 Data Use

The collected data is used for various purposes, such as:

  • Providing, maintaining, and improving our services.
  • Processing transactions and sending related information, including confirmations and invoices.
  • Sending technical notices, updates, security alerts, and support messages.
  • Responding to comments, questions, and requests, and providing customer service.
  • Communicating about products, services, offers, promotions, rewards, and events offered by Adaptive Strength.
  • Monitoring and analyzing trends, usage, and activities connected to our services.
  • Detecting, investigating, and preventing fraudulent transactions and other illegal activities and protecting the rights and property of Adaptive Strength and our members.

We may share member data with trusted third parties, such as payment processors and analytic services, only to the extent necessary for fulfilling our services and in compliance with applicable laws and regulations.

10.3 Member Rights

Members have certain rights regarding their personal data:

  • Right to Rectification: Members can request the correction of inaccurate or incomplete personal data.
  • Right to Erasure: Under certain conditions, members may request the deletion of their personal data.

Members are encouraged to contact Adaptive Strength for any inquiries or requests regarding their data rights. Adaptive Strength is dedicated to promptly responding to such requests and ensuring the confidentiality, integrity, and availability of personal data.

 

  1. Miscellaneous

11.1 Governing Law

The Terms and Conditions of Adaptive Strength are governed by and construed in accordance with the laws of the jurisdiction in which the Studio is located. Members agree to comply with all local laws and regulations applicable to the use of the services provided by Adaptive Strength.

11.2 Dispute Resolution

Any disputes arising out of or in connection with the services provided by Adaptive Strength will initially be addressed through amicable negotiations between the member and Adaptive Strength’s management. If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved by the competent courts of the jurisdiction in which the Studio is located.

11.3 Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

11.4 Contact Information

For any questions, concerns, or comments regarding these Terms and Conditions, please contact Adaptive Strength at:

Adaptive Strength is dedicated to providing a swift and comprehensive response to all inquiries and values open communication with our members.

 

  1. DIRECT DEBIT SERVICE AGREEMENT

12.1 Authorization

The Client hereby authorizes Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198), referred to as “Ezidebit”, to make periodic debits on behalf of Adaptive Strength (the Studio).

12.2 Transaction Details

The Client acknowledges that the debit amount will be debited from their nominated card or bank account according to the terms and conditions of their agreement with the Studio and the terms and conditions of the Direct Debit Request (including the Debit Arrangement and Fees/Charges in the Direct Debit Request).

12.3 Transaction Fees

  • Credit Card Transaction Fee:
    • VISA/Mastercard: 1.87% (Min $0.99)
    • AMEX/Diners: 4.40% (Min $0.99)
  • Failed Payment Fee: $14.80

12.4 Verification of Details

The Client acknowledges the need to verify the details of their nominated card or bank account (e.g., against a recent card or bank statement) to ensure the accuracy of the details provided. The Client will contact their financial institution if uncertain of the accuracy of these details.

12.5 Sufficient Funds

The Client acknowledges that it is their responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured. Direct debits normally occur overnight, but transactions can take up to 3 banking business days depending on the financial institution. The Client agrees that sufficient funds will remain in the nominated account until the debit amount has been debited from the account and acknowledges that fees and charges may occur if there are insufficient funds available.

12.6 Re-Processing of Unsuccessful Payments

The Client authorizes Ezidebit to attempt to re-process any unsuccessful payments as advised by the Studio.

 

  1. Acceptance of Terms

13.1 Agreement

By joining Adaptive Strength, members acknowledge that they have read, understood, and agree to be bound by all the terms and conditions outlined in this document. Members accept that these terms and conditions are subject to change and agree to abide by any modifications made.

Members are encouraged to retain a copy of this agreement for their records. Should there be any concerns or queries regarding any aspect of these terms and conditions, members are advised to contact Adaptive Strength directly for clarification.

 

TERMS AND CONDITIONS OF THE BOX33 KETTLEBELL ACADEMY PTY LTD ACN 628 086 653 ABN 62 628 086 653 MEMBERSHIP AGREEMENT (PRE 6th NOVEMBER 2023)

  1. MEMBERSHIP

The client is entitled to entry to Box33 Kettlebell Academy Pty Ltd ACN 628 086 653 ABN 62 628 086 653 (“the Studio”) to use the services and facilities of the Studio during the term subject to the provisions of this agreement. Notwithstanding, the Studio reserves the right to refuse entry and/or continuity of membership at its discretion at ANY time.

  1. PAYMENT OF FEES
    As an Adaptive Strength member you are personally responsible for payment to us for the Membership Dues and any other ongoing payments you may have with us.

Continuous Membership: All continuous memberships are paid weekly in advance. You may only pay your Membership Dues in advance by direct debit or periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access the Studio if your Membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us. Your first weekly payment is due prior to commencement of training.

Package: Your package is to be paid in full of total up-front costs. The full payment is due prior to commencement of training.

  1. LENGTH OF SESSIONS AND APPOINTMENT TIMES

One on One Personal Training: Each training session is a one (1) hour sessions including thirty (30) minutes of personal training and thirty (30) minutes of accountability training.

Semi-Private Personal Training: Each training session is 45 minutes in duration with a coach.

Note: It is a requirement that all clients arrive fifteen (15) minutes prior to the commencement of their scheduled session to conduct the prescribed warm-up routine.

If the client has not completed the warm up prior to the session starting, they will be required to complete it during their allocated session time.

If a client is more than fifteen (15) minutes late for a scheduled session, it will be considered a no-show and will be charged the equivalent of one (1) session at the agreed session rate.

  1. PERSONAL TRAINING SESISONS

One on One Personal Training sessions are with a Personal Trainer and the client.

Semi-Private Personal Training sessions are with a Personal Trainer in a small group of up to six people.

  1. TRAINERS/COACH

Assigned Coach. When purchasing the Program, you are not purchasing the services of an individual Coach. The assigned Coach may not be available to conduct any one or all sessions in which case another Coach will be assigned. You are not entitled to a refund if the originally assigned Coach is not available.

Semi-Private Personal Training sessions are not with a fixed Personal Trainer/Coach. Your trainer/coach may change depending on session time and trainer/coach availability.

  1. TRANSFERS

Membership and/or Packages are personal to the client and are not transferable. Provided that the Studio will permit the transfer of a membership and/or package where it is for longer than a six (6) month period to third parties on payment of a $200 transfer fee. This is subject to the third party conducting the full consultation process, whereby being suitability assessed. The transfer will then take place at the discretion of the Director.

  1. NOTICE OF AUTORENEWAL

If your membership stipulates an initial membership term, when your initial membership term expires, your membership will be automatically renewed. In order to cancel your membership (and cancel the autorenew), you must submit a notice of written cancellation 30 days prior to the membership end date.

  1. MONEY OUTSTANDING/NO ACCOUNT DETAILS

If any amount payable for your membership is not paid on the due date, access to the Studio will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction and recovery costs of up to $50 may be charged).

PLEASE NOTE: we will not allow you access until full direct debit details are provided. If your account is forwarded to an external Debt Collection agency you will also be liable for the payment of their fees.

If you are having difficulty please speak to us.

  1. MEMBERSHIP FEE INCREASE

We reserve the right at any time, after the minimum period on a contract, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current address you have supplied at least 14 days prior to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise the Company to increase any direct debits to your credit card or bank account which you have authorised upon joining (or on a separate date – whichever the most current) accordingly.

  1. CANCELLATION OF MEMBERSHIP

All agreements are subject to a 48-hour cooling off period:

a) The cooling off period commences at the time of signing the agreement.
b) A client may terminate a membership agreement without cause or reason during the forty-eight (48) hour cooling-off period.
c) All monies will be refunded on a pro-rata basis with the exception of any charges for services already delivered within the cooling-off period, and will be refunded within 14 days of terminating.

A 4 weeks notice period applies to all cancellations.

All membership cancellations must be submitted via the online ‘Cancellation Membership Form’ on the client portal. Please see the ‘House Rules’ module.

CANCELLATION/TERMINATION WITHIN MINIMUM TERM – You can cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to an area not within 30 kilometres of The Studio, become bankrupt. For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is the LONGER and in the case of relocation, by an agent or employer certifying your relocation). In either of these cases, you may choose to transfer your Membership Contract to someone you introduce to the club and who has not been a member of Studio for a minimum period of three months (relevant fees will apply). In this case the departure fee will be waived. If you do not choose this option, a departure fee will be charged depending on the number of fortnights left on the contract. Please refer below.

CANCELLATION ON OR AFTER THE MINIMUM TERM – You can cancel your membership on or after the minimum term if you give us 4 weeks notice. Your termination notice must be submitted via the online ‘Cancellation Membership Form’ on the client portal. Please see the ‘House Rules’ module. You cannot claim a Membership Time Freeze and skip the notice period. To be clear, a Time Freeze is not available during your notice period. Where either of us terminates your membership any fees that you have not paid (for example, if you had not paid for the previous fortnight) will need to be paid or we may take action to recover the outstanding payments. A cancelation request can not be processed if your current account is overdue. Your account must be paid up to date before we can start the 4 week notice period.

CANCELLATION ‘DEPARTURE FEE’ (this may be waived in special circumstances e.g. bankruptcy and permanent sickness or incapacity): This fee may allow cancellation of your contract within the minimum term period and is only offered for the reasons outlined above. For the remaining time of: 1-4 weeks $100, 5-8 weeks $200, 9-12 weeks $300 and 13-20 weeks $400 will be payable.

If you wish to cancel for any other reason, you may do so by paying the remainder of your contract out (departure fee). This is calculated by multiplying your weekly fee outlined on your contract times the number of weeks left on your minimum term. This total is to be paid on request of the cancellation.

  1. CANCELLATION OF SESSION

All Personal Training sessions are arranged on a scheduled appointment basis. In order for effective use of time, the client agrees to give 4-hours notice when cancelling an appointment. This means a cancellation should be made at least 4 hours before the scheduled appointment by using the Studio’s appointment system (PTMinder). Monday appointments must be cancelled by the previous Friday. Personal Training sessions cancelled inside the 4 hours of the scheduled appointment will be charged at the normal rate of a single session. More than two consecutive no shows or five in total without fair reason forfeits any and all remaining sessions. All sessions are non-refundable and non-transferable.

  1. REFUNDS

Refunds are not provided by simply change of mind after the cooling off period has passed.

If your Personal Trainer is away on holiday or sick leave, please contact the Studio Manager and you will be allocated a temporary replacement Personal Trainer for the duration of their absence. Refunds will not be given on sessions that have to be rescheduled under these circumstances.

If your Personal Trainer is no longer with the Studio, your Studio Manager will allocate you another Personal Trainer who is suitable to your needs, and will supply them with your complete training history. Refunds will not be provided under these circumstances.

You may not transfer your Personal Training Agreement or sessions to another person. If you cancel your membership any remaining sessions must be delivered prior to cancellation and no refunds will be given for unused sessions.

  1. EXPIRATION OF SESSIONS

The client is aware of the membership terms outlined in this agreement, and of the commitment to this investment. If the client fails to complete the scheduled sessions by the agreed term, all remaining training sessions will expire and the client is responsible for paying the remaining balance of membership fees.

  1. PAUSE OF MEMBERSHIP / ON HOLD / TIME FREEZE

14.1 PAUSE OF MEMBERSHIP

Membership on Hold / Time Freeze may be possible under the terms of this Agreement. You may suspend for a minimum of 1 weeks at a time so long as the total time on hold within 1 year does not exceed 8 weeks. Your membership may be frozen for one or more consecutive whole weekly billing period, but cannot be frozen for only a part of any weekly billing period. Membership on Hold / Time Freeze applications must be submitted via the online ‘Pause Membership Form’ on the client portal. Other forms of notification is not accepted. Please see the ‘House Rules’ module. This must be completed with reasonable notice (7 business days) prior to commencement of suspension. There is a no charge to put a membership on hold unless otherwise stated in specific membership terms. Any time used for Membership on Hold / Time Freeze will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any Membership on Hold / Time Freeze.

14.2 EXTENDED PAUSE OF MEMBERSHIP

You can Pause your membership for up to 16 weeks for travel or medical reasons, but we must be reasonably satisfied by your supporting documents. There is an Extended Pause Membership fee for all memberships of $5 per week. NOTE: If you have a medical reason, are bankrupt or made redundant and supply dated supporting documentation we will not charge you for Extended Pause of Membership for up to 8 weeks per calendar year to allow you time to recover.

  1. SESSION CREDITS & ROLL OVER

Never miss a session with our Make-Up Sessions.

At Adaptive Strength, we understand that life is sometimes hard to plan.

If you cannot attend a session during the week and you have not submitted a pause form, that session is rolled over for the following 12 weeks. Giving you 12 extra weeks to make up that session.

To qualify for a Make-Up session, notice of absence or session cancellation must be provided at least 4 hrs prior to the lesson beginning. This can be provided via SMS or on the PTMinder App.

Make-up Sessions cannot be used while your membership is on pause and cannot be refunded or exchanged for cash, however they can be exchanged for massage credit.

15.1 MASSAGE CREDIT

If you have missed a whole week and did not or could not pause your membership, then Adaptive Strength, at its discretion may convert Make-Up session credits to a massage gift voucher for the equal value as your membership. 

 

  1. OBLIGATION OF CLIENTS

Clients must at all times:

16.1. Conduct themselves in the premises and whilst using the facilities and services of the Studio in a proper and civil manner respecting the rights and expectations of other persons using the Studio;

16.2. Comply with reasonable requests and directions from Personal Trainers of the Studio;

16.3. Provide their own medication; the Studio is not responsible for carrying medication on its premises;

16.4. Use a towel whenever they make use of the Studio’s services and facilities;

16.5. Use all equipment and facilities of the Studio only in the manner for which it is intended;

16.6. Replace all equipment in its correct position after use in a clean and hygienic condition;

16.7. Not engage in the use, sale or distribution of alcohol, anabolic steroids and other non-prescription drugs or illicit drugs in or about the Studio premises;

16.8. The client agrees that the Studio may refuse entry to a person who the Studio considers (at its sole discretion) to be under the influence of alcohol, drugs or any other behaviour altering substance;

16.9. Not smoke in or around the Studio;

16.10. Appropriate clothing must be worn at all times;

16.11. Persons under 16 years of age must be accompanied by a guardian or Personal Trainer;

16.12. Report to a Personal Trainer immediately upon the discovery of any damage or wear and tear of equipment that is unsafe;

16.13. Ask a Personal Trainer if unsure of how to perform any exercises programmed for Open Gym sessions.

16.14. Read ‘House Rules’ in the Client Portal

16.15. ADDITIONAL FEES

Some services require additional fees and these include but are not limited to: any Instructional Training, Nutrition Consultations, Workshops and Courses. No refund will be given on any purchased and unused services.

  1. DAMANGE TO THE STUDIO

Any Member who wilfully or through their negligence damages the Studio or its property will be liable to pay for the damage.

  1. SAFETY, MAINTENANCE & SERVICE DEMAND

The Studio may from time to time as reasonably necessary:

  1. a) Close off any part of the premise or isolate any piece of equipment for maintenance and safety reasons.
  2. b) Change the hours of opening and closing or alter class timetables in order to meet demand; or
  3. c) Vary the studio rules.

Where this occurs the Studio will provide reasonable notice through viable signs or email notification.

  1. USE OF NUTRITIONAL SUPPLEMENTS

To guarantee client safety the Studio request that all clients do not use any potentially dangerous stimulants like “diet” or “fat burning” pills of any kind. To ensure optimal results, the Studio offers natural organic based supplements to clients and can be purchased from the Studio.

  1. SEVERABILITY

In the event any part of this agreement being or becoming void or unenforceable then that part shall be severed from this Agreement with the intention that the balance of this Agreement shall remain in full force and effect, unaffected by the severance.

  1. BREACH OF TERMS AND CONDITIONS

Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated.

  1. DISCLAIMER OF LIABILITY

22.1. The client acknowledges that limited open lockers are provided for daily use by the clients on a first come first served basis. Clients should not store valuables in this area. The Studio will not be liable for loss of, damage to, client’s personal property and belongings brought on to the premises.

22.2. The client acknowledges that using studio facilities and services including participation in aerobic and other classes is potentially a dangerous activity and the client uses such facilities and services and participates in activities of the Studio at his/her own risk.

22.3. It is a condition of membership that the Studio (including the Director, Employees, Instructors and Agents) shall not be liable for any injury that may occur whilst the client makes use of the Studio’s facilities and services or for any loss or damage to property howsoever arising as a consequence of membership of the Studio or use of its facilities and services including loss or damage arising as a consequence of the act of omission or negligence of the Studio and its Employees and Agents.

22.4. The client indemnifies the Studio against any claim that may be made by the client or the client on behalf of a minor (including where the minor is a client) or any other person that may bring onto the premises of the Studio whether to use the facilities and services of the Studio or otherwise. All such persons use the Studio services and facilities in all respects at their own risk.

  1. PRIVACY STATEMENT

Any personal information obtained from our clients is strictly confidential. Personal information may be used for promotional or marketing purposes, however only if a client gives the Studio permission to do so (refer to para – Release of Results Upon Program Completion of the PT Client Agreement, and the Studio’s Privacy Policy for more information).

  1. ENTIRE AGREEMENT

This agreement and the Studio’s rules and regulations in place from time to time form the entire agreement between parties and may only be modified in writing.

  1. ACKNOWLEDGEMENT

The services and facilities offered under this agreement are independently owned and operated by the Studio or it approved contractors.

  1. COVID-19 WAIVER

The client agrees and understands the following:

By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to 1.5 metres and are more commonly transmitted between persons rather than from equipment to persons.

Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively “Symptoms”). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.

In relation to COVID-19, in the following circumstances (but no limited to), we may disclose your health information without your written authorization:

  • For purposes of public health and safety;
  • To government agencies for purposes of their audits, investigations and other oversight activities;
  • When required by court orders, search warrants, subpoenas and as otherwise required by law;
  1. DIRECT DEBIT SERVICE AGREEMENT

Credit Card Transaction Fee: VISA/Mastercard: 1.87% (Min $0.99) AMEX/Diners:4.40% (Min $0.99)

Failed Payment Fee: $14.80

The Clinet hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as “Ezidebit”) to make periodic debits on behalf of the Studio.

The Client acknowledges that the debit amount will be debited from their nominated card or bank account according to the terms and conditions of their agreement with the Studio and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request).

The Client acknowledges that the details of their nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and they will contact their financial institution if uncertain of the accuracy of these details.

The Client acknowledges that is their responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, they acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, fees and charges may occur.

The Client authorises Ezidebit to attempt to re-process any unsuccessful payments as advised by the Studio.

  1. PANDEMIC EVENTS

In the event of a Pandemic Event such as COVID-19 and either the State or Federal Government orders the closure of the Studio, the Client understands their direct debit payments will be placed on suspensions during the forced closure. The client understands that on being allowed to reopen as advised by the government the direct debit payment will automatically resume from the reopening date.

During the closure period the Studio may offer different services like Home Based Training, Online Training to help keep the Client fit and healthy during this period. This will be a new agreement.

Below are addition terms & Conditions related specifically to 1% Club.

TERMS AND CONDITIONS OF THE BOX33 KETTLEBELL ACADEMY PTY LTD ACN 628 086 653 ABN 62 628 086 653 MEMBERSHIP AGREEMENT


1. Program Name: The 1% Club

2. Purpose and Goal: The 1% Club is a habit-based coaching program designed to help individuals build a positive relationship with food and manage their weight and health effectively.

3. Program Duration: The program has an initial fixed term of 26 weeks. After 26 weeks, it will automatically renew and can be cancelled at any time with 4 weeks’ notice.

4. Eligibility Criteria: Participants must be over 16 years old with parental or guardian consent or over 18 years old. They must be physically and medically fit to participate, and if unsure, they should seek medical advice before starting the coaching program.

5. Transfers: The membership is personal to the Participant and is not transferable.

6. Payment Structure: The program operates on a recurring membership basis, with a weekly fee of $45, if the membership agreement is signed before 31 May 2023. After this date the weekly fee will be $60.

7. Program Fee Increase: The price is fixed for the initial 26 week term. However, we reserve the right at any time, after the initial period of the program, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current address you have supplied at least 30 days prior to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Adaptive Strength to increase any direct debits to your credit card or bank account which you have authorised upon joining (or on a separate date – whichever the most current) accordingly.

8. Services Included: The program includes the following services but is not limited to them:
– Goal setting and action planning
– Post-weekly check-ins
– Monthly coaching calls
– Email/SMS support
– Monthly habit tracking
– Food tracking
– Weekly meal planner
– End of month reflection
– Tools, tips, and educational materials as required based on participants’ goals.

The services may either be carried out in person or online at the discretion of the Coach and Adaptive Strength.

9. Guarantees and Results: There are no guarantees or promises of specific weight loss results. Results may vary and depend on the individual’s commitment and effort.

10. Participant Responsibilities: Participants are responsible for the following:
– Completing and attending post-weekly check-ins and coaching calls.
– Engaging in habit tracking and food tracking activities.
– Following the provided guidelines, including meal planning and exercise journaling.
– Taking personal responsibility for their health and well-being during the program.

11. Non-Compliance Consequences: There are no specific penalties for non-compliance, but participants should be aware that non-compliance may hinder their progress towards their weight goals.

12. Refund and Cancellation Policy: The program offers a 7-day cooling-off period. After that, the membership is locked in for the initial 26-week duration. Cancellations can only be made for medical reasons with appropriate evidence from a doctor. Change of mind or non-compliance is not valid reasons for cancellation.

If your Coach is away on holiday or sick leave, please contact the Studio Manager and you will be allocated a temporary replacement Personal Trainer for the duration of their absence. Refunds will not be given on sessions that have to be rescheduled under these circumstances.

If your Coach is no longer with Adaptive Strength, your Studio Manager will allocate you another Coach who is suitable to your needs, and will supply them with your complete coaching history. Refunds will not be provided under these circumstances.

13. Copyright: All materials provided in The 1% Club, including but not limited to written content, graphics, logos, software, audio, video, and digital downloads (the “Materials”), are the exclusive property of Adaptive Strength or its content suppliers and are protected by international copyright laws.

Participants of The 1% Club are granted a limited license to use the Materials for personal and non-commercial use only. This does not include the right to modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the Materials.

Any unauthorized use or redistribution of the Materials is strictly prohibited and may result in termination of the participant’s membership and possible legal action.
By participating in The 1% Club, participants acknowledge and agree to abide by these copyright terms.

14. Privacy and Data Protection: The program organizers are committed to protecting participant privacy and handling personal information in accordance with applicable privacy laws. Participant information will be used solely for program purposes and will not be shared with third parties without explicit consent, unless required by law.

15. Disclaimer of Liability: Participants understand that the program organizers are not healthcare professionals and that the program is not a substitute for medical advice or treatment. The program organizers are not liable for any injuries, illnesses, or adverse effects resulting from participant actions or decisions.

16. Severability: In the event any part of this agreement being or becoming void or unenforceable then that part shall be severed from this Agreement with the intention that the balance of this Agreement shall remain in full force and effect, unaffected by the severance.

17. Breach of terms & Conditions: Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated.

18. Dispute Resolution: Disputes or disagreements will be subject to the jurisdiction of Western Australia.

19. Direct Debit Service Agreement: Credit Card Transaction Fee: VISA/Mastercard: 1.87% (Min $0.99) AMEX/Diners:4.40% (Min $0.99)

Failed Payment Fee: $14.80

The Client hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as “Ezidebit”) to make periodic debits on behalf of the Studio.

The Client acknowledges that the debit amount will be debited from their nominated card or bank account according to the terms and conditions of their agreement with the Studio and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request).

The Client acknowledges that the details of their nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and they will contact their financial institution if uncertain of the accuracy of these details.

The Client acknowledges that is their responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, they acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, fees and charges may occur.

The Client authorises Ezidebit to attempt to re-process any unsuccessful payments as advised by the Studio.

 

 

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