Terms of Use agreement

Full Agreement with Clauses

1. Definitions

In this Agreement, unless the context otherwise requires:

1. Agreement: Refers to these Terms of Use, the Welcome Pack, and any weight or training program provided by Elevate Fitness Australia, including any waiver or additional agreements that we agree form part of this document.

2. App: Refers to the mobile application provided as part of the software operated by Everfit Technologies Inc. (www.everfit.io), which is utilised by our client to deliver its fitness Programs to customers. The App allows users to access fitness routines, instructional materials, and other features of the Programs in a convenient and user-friendly mobile format.

3. Automatic Renewal: Refers to the automatic extension of a Program subscription for the same term as initially selected, unless the subscription is cancelled in accordance with the terms. Elevate Fitness Australia provides advance notice prior to renewal, allowing customers the option to continue or cancel their subscription before the renewal date.

4. Black Friday Sale: Refers to the limited-time discount offer available subject to conditions as outlined in the Black Friday Sale Clause.

5. Billing Period: The recurring time frame in which subscription fees are billed. Depending on the selected subscription, the time frame periods may differ, as specified at the time of purchase.

6. Charlotte Hazelwood: Refers to the individual operating as Elevate Fitness Australia, responsible for the creation and delivery of the Program.

7. Competition and Consumer Act 2010 (Cth) or CCA: Refers to the legislation that provides consumer protection in Australia, ensuring goods and services are provided with due care and skill and meet acceptable quality standards.

8. Customer, you, or your: Refers to the individual agreeing to these Terms of Use and participating in the Program.

9. Effective Date: The date on which this Agreement, including the License to use the Program, begins, which may be at the time of the initial purchase or at the time of registration.

10. Elevate Fitness Australia, we, our, or us: Refers to Charlotte Emma Hazelwood trading as Elevate Fitness Australia, the provider of the Program and License.

11. Indemnity: Refers to your obligation to compensate or hold us harmless against any claims, losses, liabilities, or costs as specified under this Agreement, particularly as a result of your participation in the Program.

12. Intellectual Property: All rights in and to the Program materials, including but not limited to text, graphics, images, videos, designs, training methodologies, logos, trade marks, service marks, trade names, and any other proprietary information owned by Elevate Fitness Australia or provided through the Program. These rights are protected by copyright, trademark, and other intellectual property laws.

13. License: A non-exclusive, non-transferable license granted by Elevate Fitness Australia, permitting you to access and use the Program for personal purposes, as outlined in this Agreement.

14. Medical Clearance: A formal recommendation or approval from a licensed medical practitioner confirming that you are medically fit to participate in the Program, especially if you have any known health conditions or concerns.

15. Onboarding Process: The customer journey during which subscription options, Program details (including price, term, and payment periods), and specific features are presented. Customers are responsible for reviewing these details and selecting a Program that aligns with their needs. The onboarding process concludes upon confirmation and purchase, at which point the customer agrees to all terms associated with their selected Program, Terms of Use agreement and the subscription.

16. On-Demand Subscribers and Customers: Refers to an individual who has chosen Elevate Fitness Australia's On-Demand Subscription, which provides access to self-guided fitness, strength, and mobility programs, a library of instructional materials, monthly challenges, community engagement, and support through the Elevate Fitness app. Access to these resources is billed on a recurring basis as per the selected Program's price, term, and payment schedule.

17. Platform: The software used to deliver the Program to you, currently operated by Everfit Technologies Inc. (www.everfit.io), including all technical features and maintenance provided by Everfit.

18. Premium Coaching Subscribers and Customers: Refers to an individual who has applied for and been accepted into Elevate Fitness Australia’s Premium 1:1 Coaching program. This program offers personalised fitness and nutrition guidance, a customised plan, and ongoing support from a dedicated coach. The Premium Coaching program is available for a specified term with a commitment period, and the associated fees are determined based on the selected price and payment options.

19. Price: The fee payable by you for access to the Program and License, as specified in invoices, quotes, or other advertising materials.

20. Privacy Act 1988 (Cth): Refers to the Australian legislation governing the handling of personal information by organisations, including the collection, storage, and sharing of data related to the Program.

21. Program: Refers to the range of fitness, training, and mobility services provided by Elevate Fitness Australia, tailored to meet the varied needs of Premium Coaching and On-Demand subscribers.

* Premium Coaching Programs offer a personalised, one-on-one coaching experience that includes customised fitness and nutrition guidance, a detailed training plan, direct communication with a dedicated coach, and ongoing, tailored support. This program is designed to adapt to individual health goals and is provided for a specific term, with associated fees based on the chosen subscription term and payment plan.

* On-Demand Programs provide self-guided access to a comprehensive library of fitness and mobility routines, instructional materials, monthly challenges, and community engagement features. This option allows flexibility in following structured routines, available through the Elevate Fitness app, with content and exercises designed for independent progress.

Each subscription option available under the On-Demand and Premium Coaching subscriptions may vary in term (e.g., monthly, annual), price, payment period (e.g., upfront or instalment), and included features. Program options and their details are presented to the customer during the onboarding process and are confirmed at the time of selection.

22. Promotions: Refers to any time-limited or special discount offers that may be made available to new or existing customers, subject to separate Terms of Use in conjunction with these Terms of Use. Promotions may impact payment terms, price, or subscription duration, depending on the specific offer.

23. Renewal Term: Refers to the subsequent term that begins upon the automatic renewal of your subscription, which continues for the same period as the initial Subscription Term, unless canceled in accordance with the Agreement.

24. Stripe: The third-party payment processor (www.stripe.com) authorised by Elevate Fitness Australia to handle payment transactions and store your payment details in compliance with the Privacy Act 1988 (Cth).

25. Subscription Term: Refers to the period of your active subscription, beginning on the Effective Date and continuing until canceled or terminated, according to the terms specified in the Agreement.

26. Third-Party Services: Services, products, or content provided by external parties, which may be accessible or integrated within the Platform but are not controlled, endorsed, or maintained by Elevate Fitness Australia.

27. User Account: The individual account created by you to access and use the Program, including login credentials, settings, and any information provided during the sign-up process. You are responsible for maintaining the confidentiality and security of your User Account.

2. Key Terms and Highlights

For your convenience we have provided some of the key terms of the agreement in summary. Please review the applicable clauses for clarity.

28. Cancellation: You may cancel your subscription at any time; however, cancellations must be made at least twenty-four (24) hours before the end of the current billing period to avoid renewal for the following term. You may cancel your subscription at any time through an email to admin@elevate-fitness.com.au or through the App. You will continue to have access to the Program until the end of the current paid period. No partial refunds are provided for cancelled subscriptions (see Clause 19: Cancellations).

29. Indemnity: You agree to indemnify us against all claims, losses, and liabilities as outlined in this Agreement (see Clause 32: Indemnity).

30. Liability Disclaimer: We are not liable for injuries or losses incurred during your participation, except as required by law (see Clause 14: Limitations of Liability and Indemnification).

31. On-Demand Subscription: If you have opted for the On-Demand subscription, your subscription follows a monthly payment cycle, with fees due monthly (see Clause 9).

32. Premium Subscription: Premium Coaching Subscribers and Customers are offered flexible payment options, allowing them to pay the full term in advance, pay 50% upfront, or make split payments as per the payment choice selected (see Clause 8(e): Price and Payment).

33. Price: The price of your subscription is as listed at the time of purchase and may vary based on your subscription term or applicable promotional offers. We reserve the right to adjust our pricing. In the event of a price change, we will notify you 30 days in advance, and you may cancel your subscription before the new pricing takes effect (see Clause 9: Price and Payment).

34. Promotions: Promotional offers and discounts may be available from time to time and are typically limited to new customers unless otherwise specified. For existing customers, any promotions will include adjustments only to the payment terms, price, or term of your agreement as clearly advertised (see Clause 6: Promotions and Discounts).

35. Refunds: All payments made under this subscription are non-refundable, except as required by law. We recommend reviewing the advertised Program and Terms of Use thoroughly before committing to a subscription. You are more than welcome to contact us and ask any questions before committing (see Clause 19: Refund Policy).

36. Subscription Term and Price Variability: The terms of your subscription, including Price, duration, and renewal, will vary depending on the Program selected, whether you have chosen an On-Demand or Premium Coaching subscription, and whether you have opted for a Promotion or discount. These terms, along with applicable Prices and payment details, will be advertised and published at the time of making your selection. Following the expiry of your initial Program term, your subscription will renew on a month-to-month basis until cancelled.

37. Warranties: You warrant that you meet all eligibility and health requirements as stated in this Agreement, including having sought and received medical advice from a qualified medical professional prior to signing up or subscribing (see Clause 11: Your Warranties).

3. Provision of Services

From the date you accept these Terms of Use, we agree to provide you with a non-exclusive, non-transferable License to access the subscription Program for the specified Price. The Program will be accessible through the Platform.

4. Subscription Options and Onboarding Process

1. Subscription Options: Elevate Fitness Australia offers two main subscription options to suit the varied needs and goals of our customers:

1. On-Demand Subscription: This option provides self-guided access to a range of fitness and mobility programs, allowing flexibility and independence in following workouts. On-Demand Subscribers can access instructional materials, strength and mobility routines, a library of short workouts, and community engagement features, all available through the Elevate Fitness app.

2. Premium Coaching Subscription: This option offers a personalised coaching experience, including one-on-one support from a dedicated coach, customised fitness and nutrition strategies, and ongoing tailored guidance. Premium Coaching Subscribers enjoy direct access to their coach and a highly tailored program to help meet their specific goals.

2. Term and Renewal: Each Program may be offered for a fixed term (e.g., monthly, annually), which will automatically convert to a month-to-month renewal at the end of the initial term unless cancelled at least twenty-four (24) hours before the end of the current billing period. Customers will receive advance notice of the renewal, providing the option to continue or cancel their subscription. You may cancel your subscription at any time through an email to admin@elevate-fitness.com.au or through the App. Following cancellation, you will retain access for any period already paid for, after which all access to the Program will cease.

3. Onboarding Process: During the onboarding process, customers will review all available Program and select the one that best fits their needs. The subscription price, payment terms, term length, and other Program -specific conditions are displayed and confirmed at the time of selection. Customers should ensure they fully understand the Program options, terms, and pricing before finalising their selection.

By confirming their selection and enrolling in a Program, customers acknowledge that they have reviewed and accepted the Program -specific conditions, including all relevant terms of use, price, term, payment period, and automatic renewal.

5. Promotions and Discounts

From time to time, Elevate Fitness Australia may offer promotional discounts on Programs (e.g., Black Friday Sale), which are subject to these Terms of Use and any specific promotional terms accompanying each offer. By participating in any promotion, you agree to comply with both the general Terms of Use and the specific promotional conditions. Please carefully review the following key conditions:

4. Promotion Period: Each promotion will specify a clear start and end date and time. Purchases made outside of this designated period will not qualify for the promotional rates, and standard pricing will apply.

5. Eligibility and Activation: Promotions are generally available to new customers only unless explicitly stated otherwise. All promotions must be activated within 30 days of purchase unless the terms specify a different activation period. Failure to activate within the required timeframe may lead to expiration without refund. Further activation instructions, where relevant, will be detailed within each promotion’s specific terms.

6. Availability to Existing Customers: If a promotion is made available to existing customers, it will be clearly advertised as such. Participation in such promotions may amend your existing payment terms, pricing, or subscription period as outlined in the promotion’s specific terms.

7. Non-Transferability: Promotions, discounts, or credits are for the exclusive use of the purchasing user and cannot be transferred, resold, or applied to another user’s account.

8. Expiry: The benefits of any promotion will expire as detailed in the promotion’s terms. For subscriptions offered at a promotional rate, the subscription will automatically renew at the standard rate after the promotional term unless cancelled in line with the cancellation policy.

9. Program Start: To maximise the benefits of any promotional offer, users are encouraged to begin the program within the recommended timeframe specified in the promotion’s terms.

10. Modification and Cancellation: Elevate Fitness Australia reserves the right to modify, cancel, or restrict any promotion at its discretion to comply with Australian Consumer Law. Advance notice will be provided for any such changes.

11. Questions and Support: For questions or assistance regarding any promotion, please contact Elevate Fitness Australia at admin@elevate-fitness.com.au.

6. Free Trials

1. Availability of Free Trials: We may offer free trial subscriptions for a specified period, which is determined solely by us.

2. Eligibility for Free Trials: Unless specified otherwise, free trials are only available to new users of the Platform. We reserve the right to cancel any free trial if we detect that a user has previously used a trial under a different account or email address. Attempts to register for an additional free trial with the same account or email address may result in a subscription fee charge.

3. Billing After Free Trial Period: If your subscription begins with a free trial, billing to your payment method will commence at the end of the trial period, unless you cancel before the trial period expires. You may cancel your Free Trial at any time through an email to admin@elevate-fitness.com.au or through the App.

7. Automatic Renewal of Subscription

Subscription Renewal: our subscription will automatically renew for the same term as your initial subscription unless you cancel it at least twenty-four (24) hours before the end of the current billing period. You will be informed 7 days before the expiration of the current term to allow sufficient time to cancel or continue your subscription in compliance with the above and the in terms of the Cancellation policy (Clause 19). After cancellation, you will retain access to the subscription services for the remaining period you have already paid for.

8. Price and Payment

1. Price: The cost or Price of each Program is clearly listed on the Elevate Fitness Australia website and is confirmed at the time of selection

2. Payment Terms: Payment for the Program is due according to the amount specified in the invoice, quote, or other advertisement provided to you, and must be paid within seven (7) days of the invoice date unless otherwise agreed.

3. Payment Periods: Payment options include upfront payments, instalment options, and other flexible plans, depending on the selected subscription.

4. Accepted Payment Methods: Payments may be made by cash, bank transfer, credit card (with a surcharge of up to 3%, or 4.5% for American Express), or any other method agreed to in writing.

5. Direct Debit: If paying by direct debit through a third-party provider, you agree to the Terms of Use of the direct debit provider and authorise them to deduct the specified payment amount at the agreed frequency.

6. Late Payment and Fees: In the event of late payment, we reserve the right to:

1. Charge interest at a rate of 10% per annum until full payment is made;

2. Impose an administration fee, being the greater of 10% of the overdue amount or $200; and

3. Revoke your License to the Program until all outstanding fees are paid.

7. Pricing Changes: We reserve the right to change our subscription prices. Should a price adjustment occur, we (or the app store through which you subscribed via an in-app purchase) will strive to give you at least thirty (30) days’ notice before the new price takes effect, via email and, where applicable, push notification. If you do not agree to the price change, you may cancel your subscription before the new price takes effect. If you continue your subscription after the price change, your subscription will renew at the updated rate, and you authorise us to charge your payment method accordingly. We are not responsible for notifying you of any tax rate changes.

8. Price Variability: The Price of the Program may vary depending on whether you have selected an On-Demand Coaching subscription or a Premium Coaching subscription. The Price may also be adjusted if you have taken up a promotional offer or been offered a discount at the time of payment. At the time you select your Program, we will advertise the applicable Price, payment frequency, and the term for that specific Program. Any promotional discounts or offers are valid only as specified at the time of selection.

9. User Account Security

1. Account Responsibility: By agreeing to these Terms of Use, you are responsible for maintaining the security of your User Account or Profile access credentials, and for all activities that occur under your User Account, as well as any actions taken in relation to your User Account, whether with or without your permission.

2. Liability for Unauthorised Use: We are not responsible for any loss or activity that results from unauthorised use of your User Account or Profile due to your failure to secure your access credentials.

3. Access Sharing: You must not share your User Account access credentials (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify us in writing at admin@elevate-fitness.com.au of any unauthorised use of your User Account or any other breaches of security.

10. Your Warranties

You accept that there is an inherent risk of injury to yourself and others from participating in the Program. You indemnify us against all actions, claims, proceedings, demands, liability, losses (including death), damages, expenses, and costs (including legal costs on a full indemnity basis) that may arise directly or indirectly from your participation.

You warrant that:

4. You have provided accurate information in your Questionnaire and all dealings with us.

5. You are at least 18 years of age.

6. You have no moderate or high medical or injury risk.

7. You know of no medical reason that would prevent or advise against active or passive exercise.

8. You will carry out the advised physical activities safely and in appropriate environments.

9. You will follow all instructions provided by the Program with reasonable care and skill.

10. You prioritise your safety while following the Program.

11. You have obtained medical clearance if you have any heart conditions or other health concerns.

12. You do not have any disability, impairment, or ailment preventing you from engaging in the Program that may cause harm to your safety, comfort, or wellbeing.

13. You will immediately cease all physical activities and consult a qualified medical practitioner if you become aware or believe that you have a medical condition.

14. You must provide complete, accurate, and up-to-date information during the sign-up process, including but not limited to your name, contact details, and any other information requested by us

15. You agree to keep your account information accurate and up-to-date at all times. If there are any changes to your information, you are responsible for promptly updating your User Account to reflect those changes.

16. You acknowledge that inaccurate or outdated information may affect your access to the Program or result in the restriction, suspension, or termination of your User Account.

17. You have assessed your own health and fitness based on personal knowledge and/or professional medical advice, and you consider yourself physically capable of participating in the Program.

18. You have no medical conditions or health risks that would be aggravated by participating in the Program and understand that participation is at your own risk.

19. You have obtained medical clearance if you have any pre-existing conditions, chronic health issues, or other health concerns that could affect your safety during physical activities provided by the Program.

11. Medical Clearance and Limitation of Liability

1. Medical Clearance Requirement: You acknowledge that you have been advised to seek medical clearance if you have any health risks or conditions before engaging in the Program. Failure to obtain medical advice or an appropriate fitness evaluation where recommended constitutes negligence.

2. Limitation of Liability: To the extent permitted by law, we are not liable for any injuries or damages arising from negligence on your part, including failure to seek medical advice, undergo a fitness evaluation, or follow Program instructions.

3. No Guarantee of Results: Results from participating in the Program will vary among individuals, and we do not guarantee any specific outcomes, including but not limited to weight loss, fitness improvement, or health benefits. Participation in the Program does not assure the achievement of any specific result.

12. Inherent Risks in the Program

You understand and agree that participating in the Program involves inherent risks of injury or death. By participating, you accept these risks, including but not limited to light-headedness, abnormal blood pressure, chest discomfort, and muscle soreness, as well as potential injuries from exercise activities such as jumping, running, lifting, or using equipment. If you experience any discomfort or symptoms outlined, you must stop exercising immediately and seek medical attention.

13. Limitations of Liability and Indemnification

1. Disclaimer of Liability: We are not liable for any damages, losses, or claims arising from the performance, security breaches, or interruptions of the Platform, including any losses resulting from misuse or failure to follow instructions provided in the Program. This limitation applies to the fullest extent permitted by law, except where liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

2. User Indemnification: You agree to indemnify and hold harmless Elevate Fitness Australia, including its agents, contractors, and affiliates, from any claims, losses, costs, or liabilities resulting from your use of the Platform, any violations of this Agreement, or content you may contribute that causes harm or legal action.

3. Third-Party Services and content: We are not responsible for any third-party services, products, or content that you may encounter through the Platform or Program, including services provided by Everfit or any other third-party providers. Interactions with third-party content, services, or products are at your own discretion and risk. We strongly recommend reviewing the terms, policies, and privacy practices of any third-party services you choose to engage with before using their services.

14. License Terms

License Duration and Continuation: Your license to access and use the Program is granted for the duration of this Agreement and will continue unless terminated by either party in accordance with the terms of this Agreement. Upon termination, all rights to use, modify, or access the Program will cease immediately.

15. Intellectual Property

1. Intellectual Property Rights: All materials provided in the Program, including but not limited to text, graphics, images, videos, designs, training methodologies, logos, trademarks, and service marks, are protected by copyright, trademark, and other intellectual property laws. You are prohibited from modifying, copying, or sharing these materials for any purpose outside personal use.

2. Restrictions on Use of Program content: You agree not to share, reproduce, distribute, or resell any Program content, including but not limited to workout plans, videos, training guides, or other proprietary materials, without our prior written consent. Any unauthorised use, copying, or distribution of Program content is strictly prohibited and may result in legal action to protect our intellectual property rights.

16. Third-Party Services and Links

Elevate Fitness Australia may use third-party services, products, and platforms in delivering the Program, such as the platform provider, Everfit Technologies Inc.,AfterPay and payment processor, Stripe. By engaging with the Program, you agree to the following terms concerning third-party services:

3. Disclaimer of Liability: Elevate Fitness Australia disclaims all liability for any third-party services or content provided through or in connection with the Program. These third-party services operate independently of Elevate Fitness Australia, and we do not control, endorse, or assume responsibility for the performance, content, or policies of these third-party providers. This includes but is not limited to any technical failures, security breaches, or data handling practices associated with these services.

4. User Responsibilities and Interactions: When engaging with any third-party service or content through the Program, you do so at your own risk. You are encouraged to review and understand any applicable terms, privacy policies, and other agreements associated with third-party providers before use or purchase. By using these third-party services, you agree to comply with all conditions imposed by the third-party providers, including but not limited to usage policies and payment terms.

5. Technical Support: Technical support and warranty claims related to third-party services or platforms (such as software updates, platform outages, or payment processing) must be directed to the relevant third-party provider, as Elevate Fitness Australia is not responsible for maintaining these services. We may assist in providing support contact information where needed but cannot assume responsibility for third-party technical resolutions.

6. Limitation of Liability: To the fullest extent permitted by law, Elevate Fitness Australia is not liable for any damages, losses, claims, or expenses arising from your use of, reliance on, or interactions with third-party services, including but not limited to service interruptions, data loss, or unauthorised access. This limitation applies regardless of the type of claim or nature of the damage, whether direct, indirect, incidental, consequential, or otherwise.

By using the Program and associated third-party services, you acknowledge and agree to this disclaimer of liability and assume all risks associated with third-party service use. For any questions regarding third-party service usage, please contact Elevate Fitness Australia at admin@elevate-fitness.com.au.

17. Privacy

We are committed to safeguarding your privacy and handling your personal information in line with the Privacy Act 1988 (Cth). This section, along with our full Privacy Policy, describes the personal information we collect, how it is used, and your rights regarding your information. For a comprehensive overview, please review our complete Privacy Policy on our website.

7. Information We Collect.

To provide you with the Program, we may collect the following personal information:

4. Contact Details: including your name, email address, and phone number;

5. Payment Information: such as credit card details, processed securely through Stripe;

6. Health-Related Information: as shared through your health questionnaire, to support safe use of the Program;

7. Technical Usage Information: including data on your interaction with the Platform operated by Everfit.

8. How We Use Your Information.

We use your personal information to:

8. Deliver the Program and meet our obligations under this Agreement;

9. Process payments and manage subscriptions through Stripe and AfterPay;

10. Operate, maintain, and improve the Platform through Everfit;

11. Communicate with you, including marketing communications (you may opt-out at any time); and

12. Conduct internal analysis to enhance our services and user experience.

9. Sharing of Information with Third Parties.

We may share your personal information with trusted third-party providers who help us operate our services, including:

13. Platform Provider: Everfit Technologies Inc. (www.everfit.io) for Platform maintenance and delivery;

14. Payment Processor: Stripe (www.stripe.com) for secure payment handling.

15. AfterPay

These providers access only the information necessary for their roles and are required to protect your information in accordance with equivalent privacy standards.

10. Data Security.

We implement reasonable measures to protect your personal information from misuse, loss, and unauthorised access. Although we work with secure third-party services, we advise users to exercise caution and responsibility in safeguarding their personal information online.

11. Access and Correction.

You have the right to access and correct the personal information we hold. To request access or make corrections, or if you have privacy-related questions, please contact us at admin@elevate-fitness.com.au.

12. Consent and Marketing Communications.

By accepting these Terms of Use, you consent to our use of your personal information for service-related communications, including marketing. You may opt-out of marketing communications at any time by using the unsubscribe link in our emails or by contacting us directly.

18. Refund Policy

Non-Refundable Payments: All payments under this Agreement are non-refundable unless required by law. Please ensure you fully understand and agree to the Program before committing.

19. Cancellations

1. General Cancellations: You may cancel your subscription at any time through an email to admin@elevate-fitness.com.au or through the App. To avoid automatic renewal, cancellation must be completed at least twenty-four (24) hours before the end of the current billing period. Upon cancellation, you will retain access to the subscription services for any period already paid, after which all rights to access the Program will cease. No partial refunds will be provided for unused periods, except as required by law.

2. App Store Cancellations: If you created your subscription as an in-app purchase through an app store (e.g., Apple App Store or Google Play), you must cancel directly through that app store. Please refer to the Terms of Use of that app store for details on cancellation processes and any applicable refund policies. We are not responsible for app store policies on cancellations or refunds.

20. Termination and Holding of Services

Termination Rights: You or we may terminate this Agreement with one day’s notice. Upon termination, all rights and licenses granted under this Agreement will cease. You will return any physical or digital training materials and remain responsible for any outstanding payments due. If the Agreement is not terminated at least twenty-four (24) hours before the end of the current billing period, you will be billed a further amount according to your payment cycle.

21. Non-Excludable Guarantees

Compliance with Consumer Guarantees: While we disclaim certain liabilities to the fullest extent permitted by law, we do not exclude any guarantees that are non-excludable under the Competition and Consumer Act 2010 (Cth). We guarantee that the Program will be provided with due care and skill and is reasonably fit for its intended purpose.

22. Limited Warranty for Technical Issues

1. Service Availability: Access to the Platform may be interrupted periodically for maintenance, technical issues, or events beyond our control. We are not liable for any service interruptions caused by these circumstances. You are responsible for ensuring you have a reliable internet connection and appropriate hardware to access the Platform.

2. Technical Support and Warranty: If technical issues arise with your access to the Program due to platform maintenance or other disruptions, our liability is limited to resupplying the Program. In cases where access to the Platform may be affected, users may be required to download and install updates to the app or software to maintain uninterrupted service. For other technical claims or support issues, please contact the platform provider, Everfit Technologies Inc., or the applicable app store from which the app was downloaded.

23. Confidentiality

Confidential Information: You agree not to disclose any confidential information provided by Elevate Fitness Australia in connection with the Program, including but not limited to training materials, techniques, and other proprietary information.

24. Defamation and Brand Protection

1. Defamation and Brand Protection: You agree not to make any statements or engage in any conduct that could damage, defame, or bring into disrepute the reputation, brand, or business of Charlotte Hazelwood or Elevate Fitness Australia. This includes, but is not limited to, making false or misleading statements about the Program, the brand, or any representatives of Elevate Fitness Australia, in any form of communication, including social media, public forums, or reviews.

2. Negative Reviews and Complaint Resolution: We encourage honest feedback regarding our Program and services. However, to ensure that any concerns are addressed constructively, you agree not to publish any negative reviews or defamatory statements about Elevate Fitness Australia, our Program, or any of our representatives in any public forum without first following the established complaint resolution process. Should you have concerns, please contact us directly, and we will make every reasonable effort to resolve the matter to your satisfaction. This approach is intended to protect the reputation of all parties involved and to facilitate effective communication and resolution.

3. Breach and Remedies: Any breach of this clause may entitle Elevate Fitness Australia to seek appropriate legal remedies, including damages and injunctive relief. We reserve the right to terminate this Agreement with immediate effect if any action is taken that we deem defamatory or damaging to our reputation or brand.

25. Governing Law and Dispute Resolution

1. Governing Law: This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising from or related to this Agreement shall be resolved exclusively in the courts of New South Wales.

2. Dispute Resolution: In the event of any dispute arising out of or in connection with this Agreement, the parties agree to attempt to resolve the dispute through good faith negotiation. If unresolved, the parties will consider mediation before pursuing any other legal remedies.

26. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, government actions or restrictions, strikes, or other labour disputes, interruptions in telecommunications or internet services, or any other circumstances constituting force majeure. If a force majeure event occurs, the affected party shall notify the other party as soon as possible, and obligations under this Agreement shall be suspended for the duration of the event. Upon conclusion of the event, both parties shall resume their obligations under this Agreement to the extent feasible.

27. Severability

Severability Clause: If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision.

28. Non-Waiver of Terms

Failure by us to enforce any term or provision of this Agreement at any time shall not be construed as a waiver of that term or provision, nor shall it affect our right to enforce it or any other provision of this Agreement at a later time. All terms and provisions of this Agreement remain in full force and effect regardless of any prior inaction or non-enforcement.

29. Entire Agreement

Entire Agreement Clause: This Agreement constitutes the entire agreement between you and Elevate Fitness Australia regarding the Program and supersedes all prior agreements, understandings, representations, and warranties, whether written or oral.

30. No Endorsement of Health Claims

Any health claims, testimonials, or success stories shared in our marketing materials, on the Platform, or through the Program are based on individual experiences and are not intended as guarantees of similar results. Outcomes will vary between participants. Any health, fitness, or dietary advice provided should be discussed with a qualified healthcare professional before beginning the Program. By participating, you acknowledge that the Program does not assure specific results, and we are not liable for any reliance on health-related claims without professional validation.

31. Indemnity

1. Indemnity Obligations

By using the Program, you agree to indemnify, defend, and hold harmless Elevate Fitness Australia, including its employees, agents, contractors, affiliates, and related entities, from any claims, losses, liabilities, costs, damages, or expenses (including reasonable legal fees) that arise directly from the following actions or omissions on your part:

3. Breach of Agreement: Any breach of these Terms of Use, including but not limited to any failure to comply with the warranties and representations outlined in this Agreement.

4. Unauthorised Use: Any unauthorised access, use, or sharing of the Program, Platform, or related materials outside the terms permitted under this Agreement. This includes unauthorised access to your User Account or any activity conducted under your User Account if caused by your failure to maintain account security.

5. Violation of Laws: Any violation of applicable local, state, or national laws, regulations, or third-party rights (including intellectual property rights) arising from your participation in the Program or use of the Platform.

6. Negligence or Misconduct: Any act of gross negligence, wilful misconduct, or intentional harm to Elevate Fitness Australia, its representatives, or any third parties arising directly from your actions during the use of the Program or Platform.

7. Your failure to seek medical advice prior to participating in the Program;

8. Any health-related issues, injuries, or medical conditions that arise or worsen as a result of your participation in the Program without prior medical clearance;

9. Any actions you take or refrain from taking based on information or advice provided through the Program that is not specifically tailored to your individual health circumstances.

2. Exclusions from Indemnity Obligations

Your indemnity obligations do not apply to any claims, losses, costs, or liabilities that arise due to:

10. Independent Third-Party Services: Issues arising solely from the independent actions or omissions of third-party service providers, including but not limited to Everfit Technologies Inc. (Platform provider), AfterPay or Stripe (payment processor), unless such issues are directly caused by your actions as specified above.

3. Conditions of Indemnity

1. Notification: Elevate Fitness Australia will promptly notify you in writing of any indemnified claim or action.

2. Control of Defence: You may assume control and defence of any indemnified claim, provided that you act reasonably and keep Elevate Fitness Australia informed of the progress. Elevate Fitness Australia reserves the right to participate in the defence at its own expense.

4. Limitation of Indemnity

This indemnity is limited to claims that are the direct result of your actions specified above and does not extend to indirect, incidental, or consequential losses unless required by applicable law.

32. Black Friday Promotion Terms and Conditions

By participating in this promotion, you agree to comply with the terms below, as well as with Elevate Fitness Australia’s general Terms of Use and Privacy Policy.

Important: We encourage all customers to review the Terms of Use and Privacy Policy available on our website before agreeing to these terms and completing any purchase related to this promotion. These documents contain important information regarding your rights, responsibilities, and data protection practices.

32.1 Promotion Period

The Black Friday Promotion consists of the following offers, each with designated dates and times for eligibility:

* Ex or Previous Client Sale: Begins on 21 November 2024 at 12:01 AM AEDT and ends on 24 November 2024 at 11:59 PM AEDT. Eligible previous clients can enjoy 40% off for the first three months of their subscription.

* 48-Hour Early Bird for New Clients: Begins on 22 November 2024 at 12:01 AM AEDT and ends on 24 November 2024 at 11:59 PM AEDT. New clients can receive 40% off for the first three months of their subscription.

* Black Friday Sale for New Clients: Begins on 25 November 2024 at 12:01 AM AEDT and ends on 1 December 2024 at 11:59 PM AEDT. New clients can subscribe at a promotional rate of 37% off for the first three months.

* Existing Clients’ Black Friday Offer: Begins on 22 November 2024 at 12:01 AM AEDT and ends on 1 December 2024 at 11:59 PM AEDT. Existing clients can subscribe to a 12-month subscription at a promotional rate of 35% off. This subscription will auto-renew at the standard rate after the initial term.

All purchases under this promotion must be completed within the designated promotion period for each offer. Once the promotion period ends, standard subscription rates will apply.

32.2 Eligibility and Activation Date

The Black Friday Promotion is available to specific client groups as noted in each offer above. New clients must activate their promotional subscription within 30 days of purchase. Failure to activate within this period may result in expiration of the promotional benefits, with no entitlement to a refund. Any specific activation instructions or additional deadlines will be communicated in the promotional materials and must be adhered to.

32.3 Non-Transferability

The promotional subscription, discount, and any credits associated with this offer are personal to the recipient and non-transferable. They cannot be transferred, resold, or applied to another user’s account.

32.4 Expiry of Promotional Benefits

The benefits of this Black Friday Promotion will expire if not used within the designated term:

* (a) After the initial three-month period at the promotional rate, your subscription will automatically renew at the standard subscription rate unless cancelled in accordance with our Cancellation policy.

* (b) Expiry dates will be clearly outlined in the promotional materials to ensure you can make full use of the offer within the required timeframe.

32.5 Program Start Date

We encourage users to begin their program within the recommended timeframe specified in the promotional terms to receive optimal benefits. Delayed activation or start may impact the outcomes of the program, and no refunds or extensions will be provided for unused portions of the promotion due to a delayed start.

32.6 Modifications and Cancellations

Elevate Fitness Australia reserves the right to modify, restrict, or cancel the Black Friday Promotion if necessary. This may occur due to regulatory requirements, changes in service offerings, or other reasons compliant with Australian Consumer Law. We will provide advance notice if any significant changes are made to the terms or availability of the promotion.

32.7 Additional Terms

* (a) Refunds: The Black Friday Promotion is a limited time offer and is non-refundable, except where required by law.

* (b) Auto-Renewal: Following the expiration of the promotional term, your subscription will automatically renew at the standard rate unless you cancel your subscription in accordance with our cancellation policy.

5. Questions and Support

For any questions, concerns, or further assistance regarding the Black Friday Promotion, please contact Elevate Fitness Australia:

Email: admin@elevate-fitness.com.au

Our team is available to help clarify any aspects of the promotion or assist with your subscription process.