Terms & Conditions

By accessing and using our services at STRIVE PERFORMANCE COACHING, you agree to be bound by the terms and conditions set forth in this Agreement. Please read this Agreement carefully before partaking in any of our services.

ACCEPTANCE OF TERMS

By accessing or using any part of our templates, assets or services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use our website or services.

CLIENT REQUIREMENTS

The Client agrees to the following terms for delivery and review of materials. (a) provide required information to allow for effective program creation and delivery of quality services (b) schedule and attend 1-1 Video Calls (via Zoom or Google Meet) on a weekly/fortnightly or monthly basis and maintain sufficient communication throughout the program (c) complete weekly check-in and daily habit form, documenting necessary data to allow for effective program change (d) After 60 days of no contact from Client to The Company (STRIVE PERFORMANCE COACHING), The Company (STRIVE PERFORMANCE COACHING) will assume Client is no longer in need of The Company’s services, and The Company (STRIVE PERFORMANCE COACHING) may terminate the Agreement; in this event, all unpaid fees will be due and collectible at the time of termination (e) Notify The Company (STRIVE PERFORMANCE COACHING) regarding any events that may impact their service experience, this includes but not limited to injuries or health issues (f) take complete responsibility for any financial related hardships and commit to completing any remaining fees of the services provided.

GUARANTEE

The Service Provider (STRIVE PERFORMANCE COACHING) guarantees results within the first 30 days of the program. “Results” includes but is not limited to weight loss, weight gain, strength gain, mental clarity, confidence or improved quality of life. If a client does not see results within the first 30 days they are eligible for a refund of the total coaching fees paid.

To qualify, the Client must adhere to the coaching plan, attend all 1-1 Video Calls and/or face-to-face coaching sessions, follow workout and nutrition plans, and provide timely progress updates. Data will be logged and monitored closely by The Company to ensure The Client has followed all protocols. Claims must be submitted in writing within seven (7) days after the 30-day period. This guarantee reflects our confidence in delivering exceptional service and client results.

PAYMENT AND BILLING

You agree to pay all fees and charges associated with your use of our paid services. Payment must be made in full and in the currency specified by The Company. You are responsible for providing accurate billing and contact information. Delayed repayments may be subject to a late fee of $50 AUD per 2 days or the maximum allowed by law, whichever is less. Missing more than 2 payments may result in service termination.

In the situation that a deposit was taken to secure your enrollment, you acknowledge and agree that any deposits made for our services are non-refundable unless otherwise stated. Once a deposit is made, it is non-transferable and cannot be refunded under any circumstances. You understand that the deposit is collected to secure your place and make necessary arrangements for the provision of our services. As a result, in the event of cancellation or withdrawal from the services, you will not be entitled to a refund of the deposit amount. By submitting a deposit for our services, you expressly acknowledge and agree to the non-refundable nature of the deposit.

The Client hereby authorises any and all payments made by the Company. The Client authorises their credit card company or bank to make payment(s) to The Company by the method(s) provided and to deduct such payment from the Client’s account. The Client understands that they are unable to receive refunds.

If the Agreement needs to be terminated for any reason, there is a 100% payout fee for the remaining value of the Agreement. Failing to comply with payment terms can lead to legal action. To end reoccurring deductions, the Client will directly contact a representative of the Company to terminate the subscription only after the minimum debit frequency has been fulfilled. The Company will keep the Client’s information confidential unless this information is required to investigate a claim made relating to an alleged wrongful debit, or as otherwise required by law.

TERMS OF SALE

Company reserves the right to keep the initial payment if cancellation is activated by the Client. Client may cancel this agreement by mailing a written notice to The Company՚s email before 24 hours from the initial payment. Notice of cancellation sent after this deadline may be deemed invalid. The Company reserves the right to apply a cancellation fee of $100AUD. Lastly, in case of delayed payments for more than 7 calendar days, upon collecting the monthly instalments, the Company reserves the right to apply a 5% surcharge.

All purchases are NON-REFUNDABLE. Payments referred to herein shall not be refundable UNDER ANY CIRCUMSTANCES, including but not limited to the termination of this Agreement for whatever reason.

CHARGEBACKS

(a) If the client does not agree with the debit of a certain amount, the client is obliged to inform and give the opportunity to this as soon as possible, and at the latest within 5 working days after the debit to account for the depreciation. Any chargebacks, before the Company has been consulted and given the opportunity to fulfill its obligations, or to prove that The Company has fulfilled its obligations, are not allowed. (b) Chargebacks without a valid reason will be classed as fraud. (c) When a chargeback dispute has been opened and the amount has been deducted, the Company has the opportunity to submit evidence to prove the charge was legitimate and potentially withdraw the dispute. (d) The costs incurred by the Company when reversing a chargeback are for the account of the client. The risk of currency exchange rate fluctuations is for the account of the client. (e) In the event that the client acts in violation of this agreement, the client is without prior warning, a notice of default or judicial intervention immediately payable fine owed to Company $7,000AUD (in words: seven thousand Australian dollars) per violation, without prejudice and in addition to the right of Company to claim compensation for the damage suffered as a result of the violation.

INDEMNITY

You agree to indemnify and hold Company (STRIVE PERFORMANCE COACHING) its subsidiaries and affiliates, and their officers, agents, attorneys, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes Company to be liable to another.

CONFIDENTIALITY

Both parties acknowledge that they may be exposed to and become acquainted with certain confidential and proprietary information of the other party. Each party agrees to maintain the confidentiality of such information and not to disclose or use it without the express written consent of the other party.

The Client hereby consents to the use of photographs, videos and/or audio recordings without compensation, on the Company’s website, Facebook page or in any editorial, promotional, or advertising material produced and/or published by The Company both Online and/or in print. I acknowledge that such photographs/video/audio may include (but are not limited to) “before” and “after” photographs along with any statistics as to my weight loss, weight journey and overall experience.

DISCLAIMERS OF LIABILITY

The Client acknowledges that participation in the fitness program and coaching sessions may involve a risk of injury or harm. The Company or the Coach shall not be liable for any injuries or damages arising from or related to the fitness program or coaching sessions, and the Client assumes all responsibility for such risks.

In consideration of the Client’s participation in the training provided by the Coach and Company, the Client hereby releases, waive, discharge and covenant not to sue the Company and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including any negligence of the Coach or the Company resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whoever provided.

The Client recognises that there are risks involved in the types of activities offered by the Coach and Company. Therefore, the Client accepts financial responsibility for any injury that may be caused to me or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitor’s fees and costs to enforce this agreement, The Client agrees to reimburse them for such fees and costs.

GOVERNING LAW

The Company acknowledges and agrees that this Agreement shall be governed by and shall be construed in accordance with the laws of NSW, Australia. This legally binding agreement is between the Client and the Coach representing the Company and collectively the Parties. You have requested Enrollment as a participating client of the Company, the details and inclusions of which are set out in the Agreement. The Client agrees and accepts that these Terms and Conditions (Terms or T&C) form the Agreement under which the Company and Coach will supply the Services to you.

The Company further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the NSW, Australia and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The Company acknowledges and agrees that this Agreement shall be governed by and shall be construed in accordance with the laws of SA, Australia.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral. By signing the Agreement, the Client has read the release of liability, waiver of claims and assumption of risk provisions in this agreement and understands that they are giving up substantial rights, including the Client’s right to sue.

The Client acknowledges that they are signing the agreement freely and voluntarily and intend, by the Client’s signature that this document be a complete and unconditional release of liability to the greatest extent allowed by law. The Client further certifies that they have fully read and understand the terms of this agreement and will comply with the contents herein. This legally binding agreement is between the Client and the Coach representing the Company and collectively the Parties. You have requested Enrollment as a participating client of the Company, the details and inclusions of which are set out in the Agreement. The Client agrees and accepts that these Terms and Conditions (Terms or T&C) form the Agreement under which the Company and Coach will supply the Services to you.

Suppliers of third-party services who are not an employee or our direct contractors and who you engage (Third Party Services) will be your responsibility.

The Company is not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.

The Company and the coach reserve the right to vary these Terms, revise the content of the Program, cancel, amend, change or reschedule part of the Program.