PRODUCT DISCLOSURE STATEMENT FOR STCFIT LEARNING

SERVICES TERMS AND CONDITIONS RELATING TO STCFIT LEARNING PARTICIPANTS

The access or use of the contents contained within STCfit Learning services acknowledges that: The contents are solely and remain the Intellectual Property of STCfit Learning.

Reproduction or communication of any of the content; of the applications, websites, files, software or programming, including files downloadable from the source, is expressly forbidden without the permission of the owner STCfit Learning.

The User shall not use or disclose, to any person or persons or Company, any confidential information, which it obtains or learns in the use of the applications, websites, files, software or programming.

Any breach of confidentiality, other than “fair dealing” as detailed in the Australian Copyright Act 1968, will be met with the full force of The Australian Copyright Act.

The information provided by STCfit Learning is for general informational purposes only. All information is provided in good faith, however we make no representation of warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information provided. STCfit Learning is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.

If you need specific advice (for example; medical, legal, financial or risk management), please seek a professional who is licenced or knowledgeable in that area.

The User hereby indemnifies, and agrees to keep indemnified, STCfit Learning and its respective officers, servants, employees and agents, against all losses, liabilities, claims and expenses which arise from:

(a) any act or omission of STCfit Learning or the User, in connection with the STCfit Learning services, whether at common law, or for breach of statutory duty, or under any other statute or law;

(b) any loss, injury or damage suffered by the User;

(c) without limiting the above, any act or omission of STCfit Learning or the User that causes or contributes to any loss, liability, claim or expense being incurred by the User under or in connection with the services.

STCfit Learning shall not be liable for any loss of business profits or any direct, indirect or consequential loss or damage resulting from any irregularity, inaccuracy or information provided in the STCfit Learning services.

The User shall take out and maintain adequate insurance to cover its obligations when utilising STCfit Learning services.

STCfit Learning offers the ability to post messages on message boards, chat areas, bulletin boards, email, forums and other interactive areas as a part of STCfit Learning services, which may be open to the public generally, to all members of groups, or to a select group of members to a specific forum group. All content posted is User content. STCfit Learning reserves the right to prevent posting User content or restrict or remove User content from a forum at STCfit Learning’s sole discretion and without notice. Forum posts are public and STCfit Learning cannot guarantee the security of any information disclosed through any forum. STCfit Learning is not responsible for the content or accuracy of any information posted by Users in a forum and shall not be responsible for any decisions made based on such information.

STCfit Learning makes various efforts to minimise any potential risks. However, you must be aware that all business strategies have some potential risks.

By accessing STCfit Learning services you acknowledge the following:

I understand all of the information and instructions outlined in these Terms and Conditions have my informed consent.

I have had time to discuss any concerns with a professional consultant (medical, legal, financial, risk management or any other), and considering this, agree to utilise STCfit Learning services at my own risk.

I agree to release and indemnify STCfit Learning from or against any actions or claims arising from any injury, loss, damage or death caused to me.

I give permission for STCfit Learning to use my image / name in any promotional outlets.

I hereby consent to voluntarily engage in STCfit Learning services, considering the above information.

I understand what is expected of me and the risks and procedures associated with these services. After fully reading this document I voluntarily consent to utilise STCfit Learning services.

Personal Training

PRODUCT DISCLOSURE STATEMENT FOR PERSONAL TRAINING

TERMS AND CONDITIONS RELATING TO PARTICIPANT MEMBERSHIPS

1. MEMBERSHIP

a. Membership refers to utilisation of services provided and may refer to either contracted or non-contracted individuals.

b. Membership is for the paying party only and services may not be used by another person in place of the paying member unless by arrangement.

c. Membership payments are made in order to access the services and facilities of personal training and associated services (nutrition, programming, challenges). It is your responsibility as a member to attend the available sessions and refunds are not provided based on absenteeism. Minimum 48 hours notice is required to cancel a session. Sessions will be rescheduled at the convenience and discretion of the personal trainer within 28 days’ of the original scheduled session.

d. All fees are to be paid by direct debit through one of the payment methods offered in section 2 of this agreement

e. All membership fees are paid in advance

f. Memberships are reflective of the number of sessions you have nominated to attend. If you wish to change the level of membership you must advise so in writing with 14 days’ notice to admin@stcfit.com

2. PAYMENTS

a. MINIMUM TERM IS 12 WEEKS: memberships are not eligible for Suspension (refer Clause 3.) or Cancellation (refer Clause 4.) during the first 12 WEEKS of membership.

b. Subscription to www.stcfit.com is included in membership fees.

c. All payments must be paid in advance, payable by direct debit request only.

d. Payments are reflective of the billing period and not particular to the number of sessions attended. The membership structure permits access up to the number of sessions paid for however this is not adjusted if sessions are missed. See section 5 regarding missing sessions and attendance.

e. Changes to payments may only be through manual adjustments (Clause 5), suspensions (Clause 3) or cancellation (Clause 4).

f. All failed payments must be rectified in full within 7 days or as per negotiated agreement with Debit Success or admin@stcfit.com

3. SUSPENSION

a. Suspension of your membership must be given in writing to admin@stcfit.com

b. Maximum suspension period is 28 days, unless due to serious illness or injury, in which instance suspension period may be increased to 12 weeks.

c. There is no fee for suspension of your account. During a period of suspension you may still receive emails and service provisions attached to your membership that are not attendance to personal training sessions.

d. Billing will continue as scheduled during suspension period. Replacement sessions will be scheduled within 28 days’ from the suspension period expiring (Clause 1).

4. CANCELLATION

a. Cancellation of your membership must be given in writing to admin@stcfit.com

b. Cancellation of your membership requires 14 days’ notice.

c. Cancellation of your membership will include cancellation of any direct debit account as well as deletion from any membership emails and services, upon completion of the 14 days’ notice period.

d. The cancellation notice term of 14 days’ will not be included in any suspension period.

5.   CHANGE PLAN

a. Change of your membership plan must be given in writing to admin@stcfit.com

b. Change of your membership plan requires 14 days’ notice.

c. Change of your membership plan will require a contract variation form to be completed as confirmation of the revised payment schedule.

6. MISSED SESSIONS AND ABSENTEEISM

a. Any missed sessions require 48 hours notice of cancellation. Except in the instance of:
i. Acute illness that restricts the capacity to train
ii. Acute injury that restricts the ability to perform the exercises required
iii. A personal emergency has arisen

b. In the event of clauses a(i), a(ii) or a(iii) occurring please try to provide at least 12 hours notice to the trainer.

c. Billing will continue as scheduled for the absent period. Replacement sessions will be scheduled within 28 days’ from the suspension period expiring (section 1).

d. In the event your Personal trainer is absent, billing will continue as scheduled for the absent period. Replacement sessions will be scheduled within 28 days’ of the absent period ending (section 1)

7. LIABILITY

a. Because physical exercise can be strenuous and subject to risk of serious injury, your personal trainer recommends you obtain a physical examination from a doctor before beginning any exercise or training program.

Your trainer may refer you out to an Allied Health professional. Choosing to ignore this referral is your choice and your trainer will take no responsibility of injury that may have been avoided by treatment.

You agree that by participating in these physical exercise sessions or personal training activities, you do so entirely at your own risk. This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off site location and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) the instruction, supervision or dietary recommendations of your personal trainer.

You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume a reasonable risk of injury. You expressly agree, within reason under duty of care, to release and discharge your personal trainer from any and all claims or causes of action, other than due to professional negligence. This waiver and release of liability includes, without limitation, all injuries to you which may occur.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may have to bring a legal action against your personal trainer for any personal injury or property damage or loss action.

b. FINANCIAL WAIVER

The terms of this agreement are held entirely with your personal trainer and in no way partner with or represent Goodlife Health Clubs, STCfit or any third or related party. By signing this agreement, you are acknowledging that all financial agreements relating to or representing personal training between yourself and your personal trainer are exclusive and any losses or inability to fulfil this agreement by your personal trainer will not be covered or indemnified by Goodlife Health Clubs, STCfit or any other third or related party.

c. TRAINERS LIMITED LIABILITY

All trainers associated with STCfit are private contractors and under individual agreements with STCfit to provide personal fitness services in accordance with the specific exercise prescription appropriate to personal training. All trainers are covered with their own public and professional liability insurance under Guild Insurance (or alternative). All trainers have a minimum Certificate IV level qualification and are certified to instruct using the apparatus and equipment required for workouts.

By participating in fitness training with your personal trainer, you accept these terms and conditions.

Online Personal Training

PRODUCT DISCLOSURE STATEMENT FOR ONLINE PERSONAL TRAINING

TERMS AND CONDITIONS RELATING TO ONLINE PARTICIPANT MEMBERSHIPS

1. MEMBERSHIP

a. Membership refers to utilisation of services provided and may refer to either contracted or non-contracted individuals.

b. Membership is for the paying party only and services may not be used by another person in place of the paying member unless by arrangement.

c. Membership payments are made in order to access the services and facilities of personal training and associated services (nutrition, programming, challenges). It is your responsibility as a member to utilise the available services and refunds are not provided based on absenteeism.

d. All fees are to be paid by direct debit through one of the payment methods offered in section 2 of this agreement.

e. All membership fees are paid in advance.

f. Memberships are reflective of the services you have nominated to receive. If you wish to change the level of membership you must advise so in writing with 14 days’ notice to admin@stcfit.com

2. PAYMENTS

a. MINIMUM TERM IS 12 WEEKS: memberships are not eligible for Suspension (refer Clause 3.) or Cancellation (refer Clause 4.) during the first 12 WEEKS of membership.

b. Subscription to www.stcfit.com is included in membership fees.

c. All payments must be paid in advance, payable by direct debit request only.

d. Payments are reflective of the billing period and not particular to the services utilised. The membership structure permits access to the services paid for however this is not adjusted if services are not utilised.

e. Changes to payments may only be through manual adjustments (Clause 5), suspensions (Clause 3) or cancellation (Clause 4).

f. All failed payments must be rectified in full within 7 days or as per negotiated agreement with Debit Success or admin@stcfit.com

3. SUSPENSION

a. Suspension of your membership must be given in writing to admin@stcfit.com

b. Maximum suspension period is 28 days, unless due to serious illness or injury, in which instance suspension period may be increased to 12 weeks.

c. There is no fee for suspension of your account. During a period of suspension you may still receive emails and service provisions attached to your membership.

d. Billing will continue as scheduled during suspension period.

4. CANCELLATION

a. Cancellation of your membership must be given in writing to admin@stcfit.com

b. Cancellation of your membership requires 14 days’ notice.

c. Cancellation of your membership will include cancellation of any direct debit account as well as deletion from any membership emails and services, upon completion of the 14 days’ notice period.

d. The cancellation notice term of 14 days’ will not be included in any suspension period.

5. LIABILITY

a. Because physical exercise can be strenuous and subject to risk of serious injury, STCfitness and your personal trainer recommend you obtain a physical examination from a doctor before beginning any exercise or training program.

Your trainer may refer you out to an Allied Health professional. Choosing to ignore this referral is your choice and your trainer will take no responsibility of injury that may have been avoided by treatment.

You agree that by participating in these physical exercise sessions or personal training activities, you do so entirely at your own risk. This includes, without limitation, (a) your use of all amenities and equipment in the facility and any off site location and your participation in any activity, class, program, personal PERSONAL TRAINING ONLINE: TERMS AND CONDITIONS training or instruction, (b) the sudden and unforseen malfunctioning of any equipment, (c) the instruction, supervision or dietary recommendations of STCfit or your personal trainer.

You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume a reasonable risk of injury. You expressly agree, within reason under duty of care, to release and discharge STCfitness and your personal trainer from any and all claims or causes of action, other than due to professional negligence. This waiver and release of liability includes, without limitation, all injuries to you which may occur.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may have to bring a legal action against STCfit or your personal trainer for any personal injury or property damage or loss action.

b. FINANCIAL WAIVER

The terms of this agreement are held entirely with STCfitness and your personal trainer and in no way partner with or represent Goodlife Health Clubs, or any third or related party. By signing this agreement, you are acknowledging that all financial agreements relating to or representing personal training between yourself STCfitness and your personal trainer are exclusive and any losses or inability to fulfil this agreement by your personal trainer will not be covered or indemnified by Goodlife Health Clubs, or any other third or related party.

c. TRAINERS LIMITED LIABILITY

All trainers associated with STCfitness are private contractors and under individual agreements with STCfit to provide personal fitness services in accordance with the specific exercise prescription appropriate to personal training. All trainers are covered with their own public and professional liability insurance under Guild Insurance (or alternative). All trainers have a minimum Certificate IV level qualification and are certified to instruct using the apparatus and equipment required for workouts.

By participating in fitness training with your personal trainer, you accept these terms and conditions.