Terms and Conditions
This website Fitbodysquad.com (Website) is operated by Fitbody Squad ABN 18 342 824 289 (Fitbody Squad). By using our services or accessing this Website, you agree to these terms and conditions and any policies listed on the Website. If you don’t agree to these terms & conditions or any policy, please don’t use our services or access this Website. Fitbody Squad may change these terms and conditions from time to time, so you should check these terms and conditions regularly.
For safety and security reasons you must be at least 18 years old to use our services.
Web and Data
You must take your own precautions to ensure that the process which you employ for accessing the Website and our services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer/electronic system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Information published on this website is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that Fitbody Squad may alter the information on its website from time to time. Fitbody Squad shall have no liability arising from the use by any party of the information on this website. Fitbody Squad does not warrant the information on this web site in any way and in particular no warranty is given that the website or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. Fitbody Squad exclude all liability for contamination or damage caused by any virus or electronic transmission.
The use of the Fitbody Squad name, logo, and information contained within this Website, the Information PDF, any documents provided to you as part of the program, and exercise programs, are expressly prohibited from any type sharing, copying, or reuse whatsoever without permission from Fitbody Squad. Exception: Information on “Stats and Facts” page on this website may be copied and used freely.
Marketing
You agree and consent for certain information provided to be used for marketing and promotional purposes. Information includes and is not limited to ‘before and after’ photos, your name, and any ‘testimonial’, comments and feedback received. If you do not want this information to be used for marketing and promotional purposes, you can opt out by informing Fitbody Squad at the commencement of your program or at any time by emailing Matt@fitbodysquad.
Location
Due to the nature of the service, Fitbody Squad is able to provide services globally. Fitbody Squad is based in Sydney, Australia, and is governed by New South Wales and Australian Laws. In the event of a legal dispute, you agree that legal proceedings may only be heard in a relevant venue or court in Sydney, Australia.
Payment
Prior to commencement of your program you will be provided with payment options. You may be provided with an invoice with payment instructions, or payment instructions without an invoice. The invoice will include a brief description of the service, the price of the service in Australian currency, and bank account information for Fitbody Squad. Full payment must be electronically transferred into the bank account listed in the invoice or provided via instruction, within 7 days from date payment options were provided. You must ensure accuracy of payment details as Fitbody Squad is not responsible for incorrect payments. You will also be provided with the option to pay online via card. To pay via card you will be provided with a link to Stripe, a third party payment service.
Pricing is in Australian dollars and you are responsible for any local taxes, customs duties or exchange rates that may occur.
Guarantee
Fitbody Squad makes no guarantee, warranty, representation or promise of any health outcomes associated with your use of our services or the Website, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally. You understand that it is your responsibility to put in the effort to achieve your goals and results vary between individuals based on numerous factors, including, but not limited to; genetics, diet, sex, age, amount of effort and intensity put into exercise, current health and fitness status etc
Services
Fitbody Squad services include an 8 week program aimed at improving your health and fitness. The program includes structured exercises to perform, advice and guidance on nutrition, an Information PDF, and a Food List. The Information PDF and Food list will be sent to you via email, or you will be sent a link to download the Information PDF and Food List.
Refund, Cancellation and Remedy Policy
Fitbody Squad complies with the Australian Consumer Law (ACL). We are not required and we will not provide a refund if you change your mind about the services you asked for. You can choose to cancel your service, and receive a partial refund for unconsumed services if the service has a major problem. A major problem is when the service:
• has a problem that would have stopped someone from purchasing the service if they had known about it
• is substantially unfit for its common purpose, and can’t be easily fixed within a reasonable time
• does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time
• creates an unsafe situation.
If you are unable to continue your program due to medical reasons, you will need to provide Fitbody Squad with a relevant medical certificate from your treating medical physician before the end of your program. In this event, your program will be suspended and the remainder of your program will resume when you are medically cleared to exercise. Alternate remedies are at the discretion of Fitbody Squad and will be managed on an individual, case by case basis.
Fitbody Squad utilizes services and products from third parties such as Trainerize, Stripe, and Google, and is not responsible for third party outages, malfunctions, and issues. Fitbody Squad will not be held liable or responsible for technical faults and issues with software, hardware, internet, mobile phone or computer devices.
In the event of technical issues, a remedy may be provided on a case by case basis at the discretion of Fitbody Squad. Technical issues include; inability to download and access Trainerize app on your mobile phone or computer/tablet, inability to open Information Packs. In the event of these technical issues, you may be provided with your exercise program as a Microsoft Word Document, Microsoft Excel Spreadsheet, Text Message, Email, or given instructions through voice call. It is your responsibility to ensure you have access to the Internet and a working mobile phone/computer that is compatible with downloading and opening Apps such as Trainerize, and viewing documents in the PDF and/or Microsoft Word formats.
Force Majeure
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of Fitbody Squad. Events outside of Fitbody Squad’s control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Fitbody Squad is released from obligations to fulfil contractual agreements. Force majeure includes; riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority, fire or flood, sabotage, natural disasters.
MEDICAL DISCLAIMER - WAIVER & RELEASE
You agree to provide Fitbody Squad with all relevant personal health and fitness information both before and during the course of your program with us. You also agree to complete our Pre-Exercise Questionnaire and lifestyle questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
You promise that information you give us will be true and accurate and not misleading in any way. You must not use Fitbody Squad services or this Website if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of others. We may suspend or cancel your services if we have reason to suspect that you have not complied with these terms & conditions.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination and clearance from a doctor before using any exercise equipment or participating in any exercise activity. You acknowledge the risks and dangers associated with exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, illness, death or other damage or injury. You agree that by participating in physical exercise or training activities that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in this exercise, and you do so entirely at your own risk.
Any recommendations and advice for changes in diet/nutrition including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician or dietician prior to undergoing any dietary or food supplement changes.
You agree that you are voluntarily participating in Fitbody Squad’s services and you assume all such risks and responsibility for any damages, injuries, illness, death, liabilities, losses or expenses which you may incur as a result of your participation.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Fitbody Squad from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Fitbody Squad for any damages, injuries, illness, death, liabilities, losses or expenses which you may incur as a result of your participation. To the extent that legislation or case law does not prohibit releases for negligence, this release is also for negligence.
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.
Termination
We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of our services, if we believe that you may or will bring our reputation into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of our services and access to the Website or to the contents and components of the services and Website or are in any way in breach of these terms and conditions. A refund will not be provided in such an event.