Terms & Conditions
Top2Toe Fitness
ABN 69608058608
Phone: 0425811370
Top2Toe Fitness aka RadiantYou Wellness, an AUSTRALIAN Company, and The Client, jointly as the “PARTIES”,
AGREE UPON THE FOLLOWING TERMS AND CONDITIONS:
1. NATURE OF THE AGREEMENT:
The Client is engaging Sinead Thoroughgood of Top2Toe Fitness aka RadiantYou Wellness (ABN 69608058608) for Fitness or Wellness Coaching. The Services as stated at the time of purchase is complete, whole and current, and any modifications to past or future Services have no bearing on this agreement.
The intention of the Coaching Services is for The Client to receive educational information and coaching from Sinead Thoroughgood on “best practices” for personal wellness.
2. Top2Toe Fitness as RadiantYou Wellness AGREES TO:
2.1 Provide a private or group learning environment. As a professional fitness and wellness coach, Sinead Thoroughgood will act as the primary liaison with The Client and will assist The Client in the wellness coaching process throughout the ongoing duration of the Coaching Services.
2.2 Provide Coaching calls or attend Coaching meetings as defined in the services contract. The Client understands that the services agreed upon provide Coaching services with a trained fitness and wellness coach and could include other tele-calls, webinars and online materials in addition to the scheduled CLIENT sessions. Unless otherwise specified, The Client will receive the number and duration of Fitness or Wellness Coaching sessions shown in the “Coaching Services” outline received at the time of engagement.
3. The Client AGREES TO:
3.1 Be timely for all private meetings, and understands that a “no show” to any private meetings fully forfeits that meeting completely from the Coaching Services. There are no make-up sessions or refunds. Session meetings will take place in person, online in Zoom or via telephone – the time to be mutually determined by both The Client and Sinead Thoroughgood / Top2Toe Fitness aka RadiantYou Wellness via email before the first meeting. Telephone calls with a Coach during the Coaching are at The Client’s expense. The Client is responsible for initiating telephone calls to their Coach on the agreed upon communication platform. The Client agrees to be ready and available ten minutes prior to meeting, and communicate as early as possible if they will be running late. For meetings that need to be cancelled or rescheduled ahead of time see “MEETING SCHEDULING AND CANCELLATION” section below.
3.2 Cover the Wellness Coaching Services Investment. The Client agrees to pay for their coaching services investment in advance of all agreed session via bank transfer to the bank account details provided on the invoice issues. Credit Card or PayPal payments can be discussed and arrange, additional fees may apply.
3.3 Be accountable and responsible for paying all monthly program ‘Access Fees’ whether The Client participates in scheduled Coaching sessions or not. If The Client misses any scheduled calls or meetings, there are no make-up calls/meetings or refunds.
3.4 Pay a $25.00 administration fee for each occurrence of a denied credit card authorization and/or a late payment.
3.5 Be suspended from participation until all fees have been paid if The Client’s account falls into arrears. The Client will have 5 business days to arrange an alternative payment if at any time, current credit card on file, or current arranged payment method fails. After 5 days, all fitness and wellness Coaching and services will be suspended until The Client’s account is brought current.
MEETING SCHEDULING & CANCELLATION POLICY
1. MEETING SCHEDULING:
All Coaching sessions are scheduled in advance by direct agreement between The Client and Top2Toe Fitness aka RadiantYou Wellness y Sinead Thoroughgood. If for any reason you cannot attend a previously scheduled Coaching session, The Client is fully responsible for informing the Wellness Coach at least 48 hours in advance of cancellation and arranging alternate times.
A notice shorter than 48 hours before the scheduled meeting will lead to cancellation and forfeit of the meeting.
To avoid any possible confusion regarding rescheduling a Coaching session, it is required that you provide a written email to your Coach about rescheduling any meeting and receive a reply to that email. Do not assume that just because you sent an email to your Coach, that the Coach received it. If The Client calls their Coach to reschedule, the Coach will request a written documentation of the meeting change or cancellation. Top2Toe Fitness aka RadiantYou Wellness is a business professional with many committed CLIENTs and committed schedules. Your understanding of this time commitment is appreciated. The Client has up to 30 days to reschedule their meeting or it will be seen as forfeited.
2. INITIAL CANCELLATION PERIOD
If you elect to cancel our agreement before your first Coaching session, you must do so by emailing sineadpk1975@gmail.com Top2Toe Fitness aka RadiantYou Wellness will refund eighty percent (50%) of any payment you have made. Twenty percent (50%) is retained for administration and processing fees. No refunds are granted following your first Coaching service. Refunds may take up to 21 days to process following your written notice of cancellation.
3. CANCELLATION BY MUTUAL AGREEMENT
If at any time either The Client or Top2Toe Fitness aka RadiantYou Wellness believes that the Coaching Sessions and agreement are no longer serving the needs of The Client, either one may initiate a discussion to rectify the situation prior to cancelling the program or sessions. Initial contact should be through email wherein The Client or Top2Toe Fitness or RadiantYou Wellness detail their beliefs and reasons for such beliefs. Then a discussion will ensue to resolve any issues and determine a resolution between The Client and Top2Toe Fitness or RadiantYou Wellness. If after this discussion both PARTIES agree the resolution to be termination of the agreement then a refund of any amount paid for unused services will be given to The Client within seven (7) business days. No refunds will be made for any meetings maintained or scheduled where there was a CLIENT “No Show”.
4. NOTICE OF CANCELLATION
All notices of cancellation must be in writing and emailed to Top2Toe Fitness aka RadiantYou Wellness. Voicemail, SMS and verbal correspondence do not constitute an acceptable cancellation notice. In the event of cancellation, you will forfeit any bonus offers and will be billed for any already received. Cancellation notice will be deemed to be the date on which Top2Toe Fitness or RadiantYou Wellness representatives receive the written notification. Should The Client fail to notify Top2Toe Fitness or RadiantYou Wellness in writing of any changes and not attend meetings, there will be no refunds, credits or transfers available.
5. NON-EXCLUSIVITY
This is a non-exclusive Agreement. The Client understands and acknowledges that Top2Toe Fitness or RadiantYou Wellness shall be free to engage other CLIENTs within the same or overlapping geographic or industry specific market areas targeted by Top2Toe Fitness or RadiantYou Wellness in any of their programs.
6. TERMS OF PAYMENTS
Some payments will be collected by automatic monthly billing to The Client's nominated credit card or bank account via direct debit from Top2Toe Fitness or RadiantYou Wellness's billing division in Australia. While our billing division generally processes credit cards in the currency of the participant’s country, there may be times when cards will be processed in alternative currency. Due to currency fluctuation monthly payments might fluctuate slightly. Careful care on the side of the Top2Toe Fitness or RadiantYou Wellness's or affiliate company’s finance team will be taken to minimize fluctuations. The Client will need to notify Top2Toe Fitness or RadiantYou Wellness's finance team if any overages are incurred, and we will refund the overages within 14 days to the client. Overages should be expected to be very small if any at all. Overseas billing is not an exact science due to currency fluctuations and banks. We do our best to minimise any unexpected charges and will work with The Client to make sure anything unexpected gets handled to your’s satisfaction.
7. CONFIDENTIALITY
Top2Toe Fitness or RadiantYou Wellness shall hold all information and data supplied to it by our clients in complete confidence, and will not disclose confidential information (information that is not already available to the public) without the client’s prior consent, in whole or in part to any person, other than to a person who is directly involved with the client’s program, and whose knowledge of such information or data is essential for such purposes. Top2Toe Fitness or RadiantYou Wellness will never sell or trade the client's information.
8. COPYRIGHT & INTELLECTUAL PROPERTY
8.1 The Client agrees that all of Top2Toe Fitness or RadiantYou Wellness's program/service materials provided to the client are confidential and proprietary to Top2Toe Fitness or RadiantYou Wellness and cannot be used, disclosed or duplicated except for use within {hampion Women’s business to engage with other private CLIENTs. The Client agrees not to reproduce, publish or use in a group forum any of the material from the Coaching program. Some materials are unpublished works protected by International copyright laws and no unauthorised copying, adaptation, distribution or display is permitted.
8.2 The Client agrees that all other materials provided directly to the client by Top2Toe Fitness or RadiantYou Wellness are confidential and proprietary to Top2Toe Fitness aka RadiantYou Wellness and cannot be used, disclosed or duplicated except within Top2Toe Fitness or RadiantYou Wellness’s business to engage with other private CLIENTs. The Client agrees not to reproduce, publish or use in a group forum any of the material from the Coaching program. Some materials are unpublished works protected by International Copyright laws and no unauthorised copying, adaptation, distribution or display is permitted.
8.3 At no time during or after the termination of this Agreement shall The Client make any claim to the acquisition of the ownership of any of the intellectual property rights or use any of the intellectual property of Top2Toe Fitness or RadiantYou Wellness other than as allowed pursuant to this Agreement. The unauthorised use of any of the materials described in 8.1 and 8.2 above could cause Top2Toe Fitness or RadiantYou Wellness irreparable harm and damages will be sought pursuant to the laws in a court with competent jurisdiction in the State that Top2Toe Fitness or RadiantYou Wellness resides, in AUSTRALIA.
9. DISCLAIMER
9.1 The Client acknowledges that Top2Toe Fitness or RadiantYou Wellness's services are educational only and that The Client bears the sole responsibility for the use and implementation of this information in The Client's business. The Client also agrees to forever indemnify and hold harmless Sinead Thoroughgood and Top2Toe Fitness or RadiantYou Wellness any actual or consequential loss, cost, expense or damage whatsoever resulting from the Client’s activities and related to the subject matter herein.
9.2 While Top2Toe Fitness or RadiantYou Wellness will be providing The Client with a education and/or program materials, based on industry training and knowledge The Client acknowledges that Top2Toe Fitness or RadiantYou Wellness provides no guarantees verbal or written to the client and the client is solely and primarily accountable for the results produced. Top2Toe Fitness or RadiantYou Wellness, program/services, or any representatives of Top2Toe Fitness or RadiantYou Wellness are not responsible for generating results for the client – but ratherthe client is responsible for generating the results for themselves. The client agrees to communicate immediately if there is something that Top2Toe Fitness or RadiantYou Wellness can do to help facilitate a more suitable, professional or results driven environment/education for the client. Without any written feedback with actionable steps or communication on what may not be working for the client at any time – Top2Toe Fitness or RadiantYou Wellness cannot and will not be expected to make any modifications to the program/services for the client.
10. RESOLUTION OF DISPUTES.
If a dispute, controversy or claim: (i) occurs, in law or in equity; (ii) involves Top2Toe Fitness or RadiantYou Wellness or the client; (iii) arises out of, in connection with, or in relation to this Agreement and any amendments to this Agreement or a breach of this Agreement, the PARTIES agree to deliver a notice of submission of dispute to an independent arbitrator appointed pursuant to the laws of the State that Top2Toe Fitness or RadiantYou Wellness is registered, in AUSTRALIA.
11. FORCE MAJEURE.
11.1 Neither The Client nor Top2Toe Fitness or RadiantYou Wellness shall be responsible, nor shall either be held liable for any failure to comply with any of the timetables or terms of this Agreement when that failure is caused directly or indirectly by earthquake, fire, flood, strike, union or other labour problems, declared or undeclared wars, riots, insurrections, government restrictions or other acts, or other causes beyond the control of or without the fault of the client or Top2Toe Fitness or RadiantYou Wellness.
11.2 Upon the occurrence of such event, the affected party shall give the other party prompt written notice thereof, together with a description of the event and the duration for which the affected party expects their ability to comply with the provisions of this Agreement to be affected. The affected party shall thereafter devote their best efforts to remedy to the extent possible the condition giving rise to that event and to resume the performance of its obligations hereunder as soon as possible.
12. MISCELLANEOUS PROVISIONS
12.1 Recording of Meetings. The Client acknowledges that Top2Toe Fitness or RadiantYou Wellness may monitor and/or record meetings between The Client and Top2Toe Fitness or RadiantYou Wellness. The Client is welcome to record telephone/online meetings between The Client and Top2Toe Fitness or RadiantYou Wellness so long as those recordings are made for the sole and exclusive purpose of review of 'discussions had' for The Client’s own training purposes in the forum. The Client acknowledges that any recordings made by The Client are subject to the "copyright and intellectual property” provisions, as well as any other provisions pursuant to this Agreement.
12.2 Public Holidays. Top2Toe Fitness or RadiantYou Wellness will take leave and the client business development meetings will be rescheduled around public holidays based upon the country that either Top2Toe Fitness or RadiantYou Wellness or The Client is domiciled in. The Coaching Services calls, meetings and deliverables can be, upon agreement with Top2Toe Fitness or RadiantYou Wellness, spread out to accommodate for such holidays or special occasions.
12.3 Private Coach Replacement. Top2Toe Fitness or RadiantYou Wellness may, at its sole discretion and for whatever reason, decide to replace themselves with another Private Coach. Top2Toe Fitness or RadiantYou Wellness will use its best endeavors to ensure that no undue delays or setbacks will occur to The Client’s meeting schedule. Due to Top2Toe Fitness or RadiantYou Wellness choosing to change their professional status, go on maternity leave, sabbatical or any other change that impairs hosting regular meetings, the client agrees that Top2Toe Fitness or RadiantYou Wellness make the change to a new Private Coach with complete discretion. Such replacement will not impact in any way the terms and conditions set out in this Agreement.
12.4 No Joint Venture, Partnership, or Management Role. Each party shall be deemed an independent of the other. Nothing in this Agreement shall imply any employer/employee relationship or the ability of one party to obligate the other in any manner other than for the terms described in this Agreement.
12.5 Capacity to Sign. Each party represents that s/he has the legal authority to enter into this Agreement, and that the entering into of such Agreement will not violate the terms of other contractual arrangements.
12.6 Governing Law. The PARTIES have entered into this Agreement in AUSTRALIA and agree that such State and Federal laws with respect to this Agreement govern its interpretation, rights and obligations of the PARTIES. The PARTIES service of process will be made pursuant to the laws of the State that Top2Toe Fitness or RadiantYou Wellness resides, in AUSTRALIA (NSW).
12.7 Testimonials. The Client acknowledges a Top2Toe Fitness or RadiantYou Wellness representative might ask for, or attain a testimonial(s) from The Client and The Client agrees to the unencumbered use at Top2Toe Fitness or RadiantYou Wellness's discretion in marketing or sales materials of video, photographs and audio recordings.
13. RISK AND YOUR HEALTH
We ask all clients to fill out the pre-work out assessment, and return and sign before your first class. Exercising may involve the risk of injury and you exercise and use the fitness class equipment and take part in activities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member or seek medical assistance.
14. LIABILITY
14.1 Recreational Activities
In the course of exercising or engaging in any recreational activities while taking part in fitness classes if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:
• gross negligence, means as defined in paragraph
14.2 below; and
• recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Please refer to the warning notice in paragraph
14.2 below which
we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.