Terms and Conditions
This document sets out the terms and conditions which apply when you decide to purchase any products or services from Red Belt Fitness.
By signing up with Red Belt Fitness, you are deemed to have read and accepted these terms and conditions in full.
- The use of ‘We’, ‘Our’ and ‘Us’ refers to Red Belt Fitness and its respective agents, heirs, assigns, contractors, and employees.
- The use of ‘Health issues’ refers to any permanent or temporary health condition, injury or mobility issue that has been diagnosed or which you believe you may have.
- The use of ‘PT’ refers to A qualified personal trainer who we employ to deliver the Services to you.
- The use of ‘Service’ refers to Online Personal Training: the provision of training programs, nutrition guidelines and associated advice via distance communications.
- We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
- You must not add any content to the Website:
- unless you hold all necessary rights, licenses and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Website, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Website may from time to time contain links to other websites as well as content added by people other than us. We provide these links for your convenience to provide further information. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website and further, we have no responsibility for the content of the links to other websites.
- You acknowledge and agree that:
- we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
- the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
- the content on the pages of this Website is for your general information and use only and is subject to change without notice.
- Nothing in these Terms constitutes a transfer of any intellectual property rights.
- You acknowledge and agree that, as between you and us, we own (or have the right to use licensed to us) all intellectual property rights in the Website. This intellectual property includes, but is not limited to, the design, layout, look, appearance and graphics along with the written content on the Website, all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Website, excluding only the materials you provide (Web Content). Reproduction of any of the above is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
- No Web Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless we expressly grant written permission. Modification or use of the Web Content for any other purpose is a violation of our copyright and other proprietary rights, as well as other authors who created the Web Content, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Web Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without our express written permission.
- By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The license in clause 2(d) will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 2(d) and 2(e).
- The information, text, materials, graphics, logos, button icons, images, biographical information of people used in the Website, video and audio clips, trademarks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws and are either our property or used with permission by us.
- Unauthorized use of this Website or any of the Web Content in any way may give rise to a claim for damages against you and/or be a criminal offence in accordance with Australian and international laws.
- You represent and warrant to us that you have the legal capacity to enter into these Terms.
- The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
- We do not warrant or guarantee:
- that access to or use of the Website will be uninterrupted or error-free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components, and
- anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, completeness physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through the Website.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we make no warranties or guarantees in relation to the content of the Website, completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible through the Website. Your use of any information or materials on the Website is entirely at your own risk. If using them you acknowledge we are not be held liable under any circumstances. It is your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements
- in the case of goods:
- These Terms terminate automatically if, for any reason, we cease to operate the Website.
- We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of State of New South Wales in Australia and each party submits to the jurisdiction of the courts of New South Wales.
Refund Policy
Arbitration of Disputes Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, where you are situated outside of Australia will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Australian Centre for International Commercial Arbitration. The number of arbitrators shall be one (1). The place of arbitration shall be Sydney, Australia. The language to be used in the arbitral proceedings will be English. Online Training Important Health and Safety Information- The services that we offer involve lifting, pushing and pulling heavy weights and your own bodyweight, as well as other strenuous exercises. We also offer nutrition advice targeted at body composition goals (not medical issues) where our PTs are qualified and/or competent to do so.
- While we take all reasonable precautions to ensure that our Services are delivered to applicable standards of health and safety, the human body is complex and unpredictable and so, as with any form of exercise, our Services carry an inherent risk of minor and serious physical injury. Due to these risks we strongly recommend that you consult a competent, qualified doctor before you start using our Services to identify any Health Issues that you may have and to make sure that the Services we provide (including exercise and nutrition guidance) are appropriate for you.
- Any advice that you receive from us only relates to exercise and nutrition for body composition. Our advice is not a substitute for medical advice from a doctor or from a physiotherapist, osteopath, medical nutritionist, dietician or other therapists.
- You must keep us up to date about your Health Issues during the Services. This includes telling us if you feel unwell or ‘below par’.
- You must not hold information back from us or your PT about your Health Issues because you think it may be minor, trivial or irrelevant, or you haven’t had a medical diagnosis yet.
- If you do have Health Issues we may need guidance from your doctor as to how we deliver the Services, before you commence them.
- If you suffer death or personal injury in connection with the Services, but this could have been avoided (or its effects reduced) if you had provided us with adequate information about your Health Issues or if you had consulted with a doctor, we will not accept any liability for death or personal injury which could have been so avoided (as the cause of death/injury would not have been a result of our negligence).
- You enter into this contract with us as a consumer. This contract does not create any liability (directly or indirectly) between us and any business that you work for, or which you own. Or, any client of such a business. We, therefore, exclude all business-related liabilities which could potentially arise in relation to the Services.
- Subject to paragraph 7, we do not exclude our liability for death or personal injury where it is caused by our negligence.
- Please refer to our Privacy Notice which outlines the data we collect from you and how we manage it.
- For all Services that we deliver, we may take photographs or film the session which takes place to track your progress or help advise on how to improve your exercise technique. By purchasing Services, you consent to us using these images and videos in our online and paper marketing if we choose to. If you are unhappy with this at any point, please tell us and we will either not publish the images or videos or take reasonable steps to ensure that people cannot identify you.
- All payments must be made in full before any services are delivered.
- If we agree that you may pay for the Services in installments, then you must ensure that each installment is paid on time. If an installment is not paid on time, the Services will be suspended.
- All fees paid for Services are non-refundable.
- Our prices for all Services are reviewed regularly and so the price for renewing a package may sometimes be greater than the price of the previous package.
- Cancel within the 14 Day Trial for free at anytime by messaging your coach within the Red Belt App. Once a purchase has been made all of our packages and subscriptions are non-refundable once purchased, whether you use them or not.
- Upon cancellation of our Online Training Services, we require a 2 weeks before the next scheduled debit date. All cancellations can be made my messaging your coach through the Red Belt App or if you are having difficulties, please email directly at [email protected].
- Please note that your body composition or other fitness goals will depend partly upon the Services we deliver, but also how much of our Services you buy, how well your body responds to exercise and diet and how you comply with our training and diet recommendations. For these reasons, we cannot guarantee that you will achieve your body composition and fitness goals, but we will work hard to help you achieve them.
- After you have signed up for Online Personal Training, one of our PTs will invest time in getting to know your training and nutrition experience and then design a training and nutrition plan that is suited towards your goals. The program will be periodically updated to take account of your progress and to keep things fresh.
- It is important that you provide us with full information at the outset by completing the forms that we provide to you and provide us with photographs showing your current physique.
- It is also important that you provide us with regular and clear feedback on all aspects of your training and diet and provide photographs of your physique, so that, if necessary, your PT can alter or vary your program accordingly.
- If you wish to achieve a certain result, it is important that you stick to the nutritional and training guidance given by your PT and keep a food and training diary at all times during the Services.
- All of the exercises which our PTs will recommend are safe, provided that they are executed properly. Due to the inherent nature of Online Personal Training, we cannot assess your skill and competence with a given exercise. You, therefore, follow the PTs training program entirely at your own risk, insofar as the quality and maintenance of the equipment you work out with is concerned and how you execute the exercise. Please, be aware of your limits and if uncertain about or unfamiliar with an exercise, seek the assistance of someone competent and qualified who is local to you to supervise the exercise until you understand how to do it properly. Some Online Personal Training Clients book one-off Personal Training sessions with us for this purpose (you are welcome to do so).
- It is your responsibility to check with your doctor before taking any supplements. We and our PTs cannot decide whether a given supplement is appropriate to your specific circumstances or Health Issues.
- We encourage all clients to conduct their own research into a supplement before they take it in order to decide if it is right for them and to speak with their doctor.
- The language of this Agreement has been written with the consumer in mind.
- To the fullest extent permissible under Australian law, this contract is governed by the law of Australia and is subject to the jurisdiction of the Australian courts. By purchasing our Services you are deemed to understand and agree to this.