1.1 I understand and acknowledge that the membership and service entitles me to the following: 12 weeks of health and fitness coaching; including (but not limited to), individualised nutritional guidance, exercise programming as progression allows, 24/7 email and message support, accountability via weekly check-ins and voice messages.
1.2 I acknowledge that the service is provided for a fee and that my participation as recipient of the service is at my own free will and that I accept the service and adhere to the programs provided as part of the service having ensured I am fit, healthy and able to follow the programs.
2. Fees and Payments
2.1 In return for our services, you agree to pay:
(a) $997 AUD up front in full, or two payments of $600 (one payment of $600 up front, then one final payment of $650, 30 days after).
(b) You agree to notify Ophie Ho in the event of any payment detail changes including bank account and/or credit/debit cards.
2.2 It is your responsibility to keep your account in funds and to pay all your own bank fees including fee which you bank has charged if you account is overdrawn as a result of a direct debit. If any direct debit fails, we will either add the outstanding sum to the next direct debit, or make additional direct debits to recover the outstanding amount. We can charge you a reasonable administration cost. If your account is more than 3 weeks in arrears, we have the right to forward this agreement and your details to a debt collection agency or a lawyer to recover our fees. In this event you accept you are liable for our legal fees and interest.
3. Express Assumption of Risk
3.1 I am aware that there are significant risks involved in all aspects of athletic activities and physical training particularly in circumstances whereby I am following an online training program. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, Ophie Ho or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself.
3.2 I understand that the service may result in a lowering of my usual calorie intake which could result in the feeling of light-headed, faint, dizzy or nauseated. Further I understand that the exercise plans provided as party of the service may include weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during the provision of the service. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity or the nutrition plan and inform Ophie Ho.
3.3 I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or under direction of Ophie Ho, including any meal plan or nutrition system. I am aware that this agreement is ongoing and will apply to all future occasions I participate in the services provided by Ophie Ho.
3.4 I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I represent that I am not aware of any medical or physical condition that would prevent me from participating in the exercise program outlined by Ophie Ho or from following and using nutrition advice provided by Ophie Ho which pose a serious health risk to me.
4.1 In consideration of my participation in the service provided by Ophie Ho, I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Ophie Ho and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including any negligence of Ophie Ho resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the service and adherence to the programs provided by Ophie Ho wherever located and by whomever provided.
4.2 In further consideration for the right to use equipment recommended by Ophie Ho as part of its programs, I acknowledge and agree that Ophie Ho has not inspected the equipment or the suitability of the area for the training which I will conduct the program as I accept this is an online service. I expressly release, hold harmless, discharge and indemnify (Including costs and solicitor fees including disbursements) Ophie Ho and Releases for any loss, injury or damage from any cause, including negligence arising out of any advice, and/or arising out of the recommended use of equipment by Ophie Ho.
5.1 You may suspend your Ophie Ho Coaching membership for a maximum of 4 weeks, due to holiday, work,
illness or other circumstance. You must provide written and in person notification of your suspension outlining the exact dates of the suspensions at least 14 days before the period requested. A backdated request cannot be made. A Suspension request may incur an administration fee.
6. Cancellation / Termination
6.1 You may cancel your Ophie Ho Coaching membership under the following conditions:
6.1.1 Termination During the Minimum Period
This agreement remains in place for the duration of the minimum period. The monthly fee which you pay to Ophie Ho reflects your contracted Minimum Period and is endorsed in this Agreement. If you choose to terminate this contract before the end of your Minimum Period, you must notify us in writing by email to firstname.lastname@example.org and are liable for the balance of the Minimum Period term. We may bulk debit this sum from your debit account. Termination will be deemed effective from the start of the next billing period.
6.1.2 Termination Post the Minimum Period
(a) In the event you wish to terminate this agreement outside of the Minimum Period, you are required to provide 4 weeks written notice. You will remain liable for our service fees pursuant to this contract for 4 weeks. You must provide written notice to email@example.com of your intention to terminate the agreement.
6.1.3. Permanent Sickness or Physical Incapacity
(a) Ophie Ho requires a written request for termination advising the nature of the illness or physical incapacity outlining specifically how this prevents you from utilizing the services or adherence to the Ophie Ho’s Coaching programs.
(b) Ophie Ho requires a medical certificate stating you cannot utilize Ophie Ho’s Coaching services due to the illness/incapacity
(c) Payment of 4 week value of the weekly debited amount as a cancellation fee.
Termination by Ophie Ho: At any time, Ophie Ho can terminate your membership and this agreement immediately by giving you notice in writing if you:
a. Fail to pay fees liable to be paid under this agreement;
Failing to complete 100% of the program offered;
Failing to adhere to the nutritional and exercise accountability program
Failing to attend online consultations
(b) The right to terminate on these grounds is exclusively reserved for Ophie Ho. If we do not terminate your agreement, we are still entitled to recover our costs and losses under this agreement.
7. Photography/Video/Marketing Release
7.1 Participants involved in any activities offered by Ophie Ho may be photographed or recorded during provision of the service, including online consultations. I hereby consent to the use of these photographs and/or videos without compensation, on the Ophie Ho website, Facebook page or in any editorial, promotional or advertising material produced and/or published by Ophie Ho both online and/or in print. I acknowledge that such photographs/video may include (but not limited to) “before” and “after” photographs along with any statistics as to my weight loss and weight journey. I understand that unless I provide Ophie Ho with explicit permission, my name will not be identified and my face will be blurred or cropped out.
8. Severability and Jurisdiction
8.1 I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the law and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the law.
9.1 I recognize that there are risks involved in the types of activities and services offered by Ophie Ho. Therefore I accept financial responsibility for any injury that may be caused to me or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur solicitors fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.
9.2 I further agree to indemnify and hold harmless Ophie Ho, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered as part of the service by Ophie Ho, whether online, in person or at a location directed or recommended by Ophie Ho. This includes but is not limited to parks, recreational areas, playgrounds, and/or any area selected for provision of the service by Ophie Ho.
10. Payment Authority
10.1 I hereby authorise any and all payments due to Ophie Ho by me. I, further authorise my credit card company or bank to make payment(s) to Ophie Ho by the method(s) indicated via the direct debit form and to deduct such payment from my account. I understand that some payment periods may have less engagement and provision of service (due to public holidays) however the regular fee will still be deducted – unless previously agreed upon by me and Ophie Ho
10.2 FOR BILLING QUESTIONS: please email firstname.lastname@example.org.
11. Acknowledgment of Understanding
11.1 I have read the Release of liability, waiver of claims and assumption of risk provisions in this Agreement and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Agreement freely and voluntarily and intend, by my signature that this document be a complete and unconditional release of liability to the greatest extent allowed by law. I further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.