TURIA PITT INTERNATIONAL
RUN WITH TURIA – ONLINE RUNNING PROGRAM
PARTICIPANT LIABILITY RELEASE
The Trustee for Pitt Hoskin Trust, trading as Turia Pitt International (ABN 61 952 639 684) (Turia) is organising activities on its own behalf and through its representatives to provide a structured physical activity program under the title “RUN with Turia” (the Activities). The exact specific details of the Activities are dealt with separately to this Release, including the exact rundown of the activity program and expectations of all of the participants. By taking part in the Activities you must also agree to participate in the Activities on the terms outlined in this Release. During the Activities, Turia and its properly authorised agencies and representatives, including its fitness consultants (collectively, the Organisers) will be providing general guidance regarding the Activities.
You have agreed to participate in the Activities on the terms outlined in this Release below. If you do not agree to these terms you cannot participate in the Activities.
Turia recommends that you consult with your doctor or physician before beginning the Activities, or any other exercise program, as not all exercises are suitable for everyone and this or any other exercise program may result in injury.
If you experience pain or discomfort during exercise, stop immediately and consult your doctor. To reduce risk of injury, never force or strain your body during exercise. If you are at all uncertain if the program (or any physical activity) is right for you, definitely consult your doctor first.
I HEREBY WARRANT, UNDERTAKE AND AGREE AS FOLLOWS:
- I declare that I am physically fit and have not been otherwise informed by any physician or health professional, and I know of no restriction, disease or condition that would in any way prevent me from actively participating in the Activities or present a risk to my health should I do so. Notwithstanding the above I declare that I understand the nature of the Activities in which I shall be involved and acknowledge that, while it is generally intended to be light-moderate exercise there is a risk of danger or serious injury to myself and others by virtue of my participation.
- I acknowledge that the Activities are drug and alcohol free, and specifically that I will not consume drugs or alcohol products immediately before or during the Activities.
- I agree to obey and accept any and all reasonable instructions or rules imposed by the Organisers in relation to the Activities and my participation in the Activities.
- I hereby release the Organisers and their related bodies corporate, officers, directors, employees and agents from any and all claims, demands, actions or causes of action of any kind and howsoever caused (including by negligence), which I or any of my successors or assigns may now, or at any time, have or claim to have, arising out of, or connected with my participation in the Activities (including without limitation any injury, death, damage to or loss of property), to the extent permitted by law. Specifically, I release the Organisers from any liability or responsibility for any injury, aggravation of an existing condition or death resulting from my participation in the Activities, to the extent permitted by law. Nothing in this Release attempts to limit, exclude or modify the statutory consumer guarantees provided under the Competition and Consumer Act, or any similar consumer protection laws in Australia.
- In consideration of my participation in the Activities I hereby agree to indemnify the Organisers and their related bodies corporate, and their officers, directors, employees and agents against all liability, claims or proceedings whatsoever arising from my participation in the Activities as a result of 1/ my negligence, or 2/ any failure by me to follow a reasonable directive or instruction by the Organisers or their appointed representatives, or 3/ any breach by me of, or non-compliance by me with, this Release.
- Any term of this Release which is fully or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the remainder of this Release continues in force.
- This Release is governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of the State of New South Wales and the Federal Court of Australia.
TERMS OF PURCHASE
Please read these Terms of Purchase carefully. By purchasing or using any of our programs, products or services, you are agreeing to follow the terms stated herein, and an agreement (“Agreement”) is entered into between you, the purchaser (“You”), and the owner and operator of this website, the seller of the relevant program/product/service being purchased (“Product”), The Trustee for Pitt Hoskin Trust, trading as Turia Pitt International (ABN 61 952 639 684) (“Turia”). All references to “we” or “us” shall be construed to mean Turia. If the user is not an individual, then “You” means your company.
Turia agrees to provide the Product identified in your online commerce shopping cart at the time of purchase, subject to availability. You agree to abide by all policies and procedures as outlined in this Agreement as a condition of and in consideration of your purchase of the Product.
Turia agrees to provide the Product identified in your online commerce shopping cart at the time of purchase, subject to availability. You will have full access to the Product for 14 weeks from the course start date. The course start date is defined as the first day of running (Week One, Day One). You agree to abide by all policies and procedures as outlined in this Agreement as a condition of and in consideration of your purchase of the Product.
The fee for the Product will be as stated on our website or as otherwise indicated to you. All fees for our Products are in $AUD.
METHODS OF PAYMENT
By making a purchase, you authorise us to charge your credit card or debit card via an online, third party service. The terms and conditions of that service shall apply in addition to and separately to this Agreement and you should familiarize yourself with those terms before making your purchase.
Where a payment plan has been entered into, you authorise us to charge your nominated payment method at the intervals set out to you in the purchase process (eg, monthly, weekly, etc.).
You agree that:
- Instalment payments will be deducted automatically from the authorised payment method on a date anchored to your date of purchase. For example, a monthly payment plan entered into on 2 August will have the next instalment due on 2 September.
- Sufficient funds must be available on the authorised payment method to meet the instalment payments.
- If an attempt to charge an instalment payment fails, you authorise us to make further attempts to take payment at our discretion.
- Payment plans may be cancelled or refused if (but not limited to):
fraudulent behaviour is suspected at any time;
funds are not available on the agreed date of automatic instalments.
In the event of a failed payment or cancelled payment plan pursuant to this Agreement, we reserve the right to immediately revoke access to the Product and all associated closed Facebook or community groups managed by us.
Turia wants you to be satisfied with your purchase. Subject to law, we offer a 14 day trial period for purchase where you can trial the relevant Product. In the event that you decide your purchase was not the right decision, within 14 days of the course start date simply contact our support team at firstname.lastname@example.org
Subject to law, please note that we will NOT provide refunds for ‘change of mind’ more than 14 days following the date of original enrolment. After day 14, all past payments are non-refundable and all future payments owing as part of a payment plan remain contractually enforceable, subject to any rights you may have at law including under applicable consumer guarantees which are not affected.
After you cancel your enrolment as outlined above, access to the membership website will be removed and you will no longer have access to the material. All ‘change of mind’ refunds are ultimately discretionary, as determined by Turia. If you have any questions or problems, please let us know by contacting our support team directly. The email is email@example.com.
Turia respects your privacy and insists that you respect the privacy and confidentiality of Turia and any other participants in Turia’s programs (herein referred to as “Participants”). Any information shared by Participants or any representative of Turia, including personal details or personal information, product details, program details, client lists or any similar information (“Confidential Information”) shall be considered confidential, proprietary, and belongs solely and exclusively to the entity who discloses it, and may only be used for the limited purpose for which it is provided. The parties to this Agreement agree not to disclose, reveal or make use of any Confidential Information other than as outlined in this Agreement for any other purpose unless required by law, or expressly permitted in writing.
The parties to this Agreement will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
PROPER USE OF INTELLECTUAL PROPERTY
All material you receive as part of any Product you purchase is the intellectual property of Turia or its related bodies corporate. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for your personal use (or that of your company, as applicable) in or in conjunction with the Product only. Any unauthorized disclosure, reproduction and/or sale by you to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Turia.
NO TRANSFER OF INTELLECTUAL PROPERTY
No license to sell or distribute any of Turia’s intellectual property or confidential/proprietary materials is granted or implied. By purchasing the Product, you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, Turia will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY AND WAIVERS
Any program purchased is developed for educational purposes ONLY. You accept and agree that there are no guarantees of success when purchasing such programs, and that you are responsible for your own progress and results from the program.
Turia makes no representations, warranties or guarantees verbally or in writing as to the efficacy of the program or any Product, subject to law. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary. You acknowledge that there is no guarantee that you will reach your personal goals as a result of participation in the program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Turia assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, joint venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, pandemic, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, Turia’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force.
LIMITATION OF LIABILITY
You agree that all use of Turia’s services is at your own risk. Subject to law, you hereby release Turia, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities as well as the venue where any relevant program is being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any use of any Product or otherwise as may arise under this Agreement, including but not limited to any personal injury/death or property damage or any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You agree that Turia will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages, whether arising directly or indirectly from the use or misuse of Products, Turia’s services or enrolment in a program.
To the extent possible at law any implied conditions or warranties are excluded. At the option of Turia, our liability for breach of any implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law to, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. For clarity, nothing in these terms purports to or does limit the application of any statutory consumer warranties or rights.
Turia may modify terms of this Agreement at any time, and such changes shall apply once posted on our website. You should check back from time to time before purchasing to ensure you are up to date on the latest version.
Turia is committed to providing all purchasers of Products (such as all clients in a program) with a positive experience. By purchasing any such Product, you agree that Turia may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the program, if Turia (acting reasonably) determines that you are in active breach of this Agreement, or if your conduct is offensive, harassing or otherwise problematic.
You and your heirs, executors, administrators, successors and assigns hereby defend, indemnify, and hold harmless Turia, Turia’s officers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Turia, or any of its shareholders, trustees, affiliates or successors. The indemnification obligations in this Agreement shall survive this Agreement and your use of the Products.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Turia for reasonable business purposes without restriction.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Australia.