The Client hereby agrees that in consideration of Awakened Lifestyles agreeing to provide coaching and associated activities at the Client’s request. Awakened Lifestyles, its Directors, Dietitians, Nutritionists, Naturopaths, Nutrition Coaches, Fitness Professionals, Employees, Agents or Contractors are absolved to the fullest extent permitted by law from any and all liability however arising from any injury, illness or damage (whether fatal or otherwise) to the Client or any loss (including any consequential or indirect loss), damage or theft of any property belonging to, or brought onto any consultation or seminar premises by the Client or any guest occurring upon the premises and however caused whether due to any act of negligence, breach of duty, default and/or omission on the part of Awakened Lifestyles or otherwise.
THE CLIENT ACKNOWLEDGES AND CONFIRMS THAT THEY: a) Have been provided information on Awakened Lifestyles’s nutrition coaching programs without any obligation to enter into this agreement.
b) Agrees: i. That confirmation of enrolment in any coaching package or face to face session requires initial or part payment prior to commencement unless otherwise authorized; and ii. To be bound by the terms and conditions of the Direct Debit Request (DDR) Services Agreement; and iii. That a 48-hour cooling off period applies from the time of signing this agreement.
c) Understand that to cancel any coaching package before completion of full payment, they must do so in writing to Awakened Lifestyles management, and they must have completed a minimum of 50% of his/her contractual obligations.
d) Will, in the event of a cancellation request, enquire into the progress of said request if they have not heard from Awakened Lifestyles within 10-14 days from request lodgment.
e) Recognise that the cancellation will be effective from that date Awakened Lifestyles confirm in writing that it has been received and accepted.
f) Understand that any amendments, alterations or variations to the original contractual agreement must be requested in writing to Awakened Lifestyles management and remain subject at all times to approval by Awakened Lifestyles. No amendment, alteration or variation shall be binding on either party unless confirmed in writing by Awakened Lifestyles.
g) Agree that any nutrition coaching service is based on the client’s entitlement to take part in the system and use the program resources. Failure to follow the system or use the resources, does not release the member from their obligations under this agreement, including but not limited to the obligation to pay for any of the services provided.
h) Recognise that they is responsible for his/her own welfare, health, safety and wellbeing whilst undertaking any services provided by Awakened Lifestyles. They expressly indemnifies and holds harmless Awakened Lifestyles its management employees and contractors in respect of any event, which might otherwise, have given rise to action against Awakened Lifestyles.
i) Acknowledge they must act in an appropriate manner, and abide by any rules and regulations notified from time to time by Awakened Lifestyles, whether orally or otherwise in writing which have been provided to the client.
j) Agree that upfront payments are non-refundable unless authorised by Awakened Lifestyles management.
k) Acknowledge that any money back guarantee (if any) can only be enacted in the event the Client has been unable to achieve agreed upon goals, and all of the following terms and conditions are satisfied: i. Any goal must be set and agreed upon verbally or in writing between Coach and the Client at the time of initial consultation; ii. Awakened Lifestyles system, advice and requirements as set by Awakened Lifestyles nutrition coaches must be followed exactly as directed; iii. If applicable, in the event a medical reason can be proven by a medical professional as to the lack of agreed upon results, the money back guarantee is void and shall not apply; and iv. In the event of dissatisfaction with the program, a minimum term of 50% of total nutrition coaching package must be completed as directed before any consideration of refund/reimbursement. Any failure to follow the Awakened Lifestyles system as prescribed nullifies any right or entitlement to a money back guarantee.
l) Understand a 24-hour cancellation policy applies to all scheduled coaching sessions – any cancellations or requests to reschedule an appointment within 24 hours of appointment time will result in forfeiture of the session. This is open to the discretion of the coach providing the service.
m) Understand that any information and/or recommendations given by Awakened Lifestyles are not intended as a substitute for the medical advice and treatment of a doctor. Any person suffering from a medical condition or unexplained symptoms should consult their G.P.
n) Understand they are voluntarily choosing to participate in a program, which may include physical exercise.
o) Agree they will inform his/her coach of any relevant injury or illness and agree that they will obtain a medical clearance from his/her medical specialist at his/her own cost and expense prior to commencing or recommencing as the case may be, his/her nutrition coaching services.
p) Agree that should they becomes ill or injured and has been advised by his/her medical professional to cease his/her nutrition coaching services, Awakened Lifestyles reserves the right to suspend or cancel his/her services until medical clearance is given for him/her to recommence all associated activities.
q) Understand that Awakened Lifestyles has agreed to enter into this agreement in reliance on the representations made by him/her that they: i. Does not suffer from any underlying medical condition or illness that would preclude him/her, or that would otherwise be affected by him/her, participating in any of the nutrition coaching and associated activities undertaken by Awakened Lifestyles; ii. Has undertaken all necessary investigations and enquiries at his/her own cost and expense, including but not limited to any and all medical enquiries necessary, in order to satisfy himself/herself in all respects that they is a suitable candidate to participate in any of the nutrition coaching and associated activities undertaken by Awakened Lifestyles; and iii. That Awakened Lifestyles nor any of its directors, dietitians, nutritionists, naturopaths, nutrition coaches, fitness professionals, employees, agents or contractors have given any promise or guarantee, nor made any representations or warranties to him/her about the outcome of him/her participating in any of the Nutrition coaching and associated activities undertaken by Awakened Lifestyles, or to the extent they have, any and all such promises, guarantees, representations or warranties are included in this agreement.
r) Understand any reference to Awakened Lifestyles is a reference to Awakened Lifestyles ACN 69 610 669 675, its successors and permitted assigns and includes any person authorised by Awakened Lifestyles.
s) Understand that for the purposes of this agreement, the expression “the Client” means the person requesting to participate in the nutrition coaching and associated activities undertaken by Awakened Lifestyles.
t) Understand that Awakened Lifestyles is bound by the Privacy Act.
u) Agree that if a provision of this agreement becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other provision on this agreement.
v) Have read, understood and agreed with the terms and conditions of this agreement.
w) “The Client“ and Awakened Lifestyles agree that the laws of Queensland shall govern this agreement.
x) Awakened Lifestyles reserve the right to review and change any of the Terms by updating this doucment. When we change these Terms, we will use reasonable endeavours to provide you with notice of these changes. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of these Terms for your records.