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.

2. 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.

3. 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.

4. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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:

• Email: [email protected]
• Phone: (08) 9468 3555
• Address: 27 Shields Cres, Booragoon  WA  6154

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

12. 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.

13. 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.