Terms & Conditions of Use Agreement

 

Services:

1. Jacob Guy Templeton (ABN 23 626 171 212) (“Jacob Templeton”) offers:

a. a subscription membership which entitles the member or user (‘you’ or ‘your’) to receive a fitness appraisal (for one-on-one coaching), swimming and fitness coaching and a supporting healthy eating program through Eat for Health (depending upon the agreement between you and Jacob Templeton based on the “level” of coaching”); or

b. A group exercise community, a product, a challenge, generic programs or a service designed by Jacob Templeton which contains general advice;

on the terms and conditions outlined in this Agreement.

2. These terms and conditions are entered into between Jacob Templeton and you as a user (referred to as ‘you or ‘your’).

 

3. These terms and conditions apply to your use of and subscription to Jacob Templeton’s website, online shop or any of his other products or services (the “Platform”).

 

4. Your access to and use of Jacob Templeton’s Platform constitutes your agreement to be bound by these terms and conditions. The offering of the Platform to you is conditional upon your acceptance of these terms and conditions. If you do not agree to these terms and conditions, you must not access or use the Platform.

 

5. To access certain features of the Platform, you will need to create a user account by providing your first and last names, an email address, a password, your date of birth and other information that Jacob Templeton may require from you from time to time. By creating an account, you are responsible for maintaining the security of your password and any unauthorised use of your account. Jacob Templeton is not responsible for any loss or activity that results from the unauthorised use of your account due to your failure to keep your password protected.

 

6. The applicable fees for the products and services are set forth on the Platform. In some instances, as described on the platform and in the Terms and Conditions, some products and services may have a “free trial” period. When Jacob Templeton creates a temporary “sale offer” on the Platform, Jacob Templeton may create such an offer but with no “free trial period”, for a product/service which may usually contain a  “free trial period” 

 

1-on-1 Coaching Subscription Memberships:

 

7. The subscription membership is a month by month membership (or other, as mutually agreed by Jacob Templeton and the client) that automatically renews. You agree to pay the monthly (or other) membership fee from at least the Start Date until the End Date.

 

8. Membership fees are paid in advance, monthly (or other) by direct debit from a bank account or credit card. You agree to sign a direct debit form. Jacob Templeton will continue to debit your nominated account for the membership fees monthly without written notice of cancellation being provided to him. It is your responsibility to cancel your direct debit at the End Date. Failure to cancel your direct debit after the End Date will result in your membership automatically renewing and Jacob Templeton is not liable to refund you any amounts paid after the End Date.

 

9. You must ensure your account can accept direct debits and there is enough money in your account on the payment day. You agree to tell me if you are transferring or closing your account at least 72 hours before the next direct debit and you agree to tell me about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.

 

10. If you do not pay your membership fees as they fall due, Jacob Templeton may suspend your access to your program until any outstanding balance has been paid and you give him your updated account or credit card details if they are required. Jacob Templeton will make a reasonable effort to let you know if your membership payments fail but you are responsible for ensuring the payments are made when they fall due. If the payments fail, you are liable for all outstanding membership fees for the minimum term of payments, which is from the Start Date to the End Date. You understand and agree that you are also responsible for a late fee or recommencement fee for missed or late payments.

 

11. The minimum term of a membership with Jacob Templeton is for a period of three (3) months from the date you sign up to the Platform. You agree Jacob Templeton may direct debit your nominated account for membership fees for a minimum period of three months. If you wish to cancel your membership inside the minimum three (3) month term, Jacob Templeton will consider your cancellation request on a case by case basis.

 

12. Jacob Templeton may sometimes add to, change or remove his terms and conditions. This includes changing the hours of his availability for coaching, his services and membership fees. Jacob Templeton will give you at least 28 days notice of any changes. If you do not accept the change to these terms and conditions, you may be able to cancel your membership. If you do not cancel your membership you are taken to have accepted the change to the terms and conditions.

 

13. Jacob Templeton may increase his fees at any time, on the basis that any fee increase is reasonable and you will receive 28 days notice of the fee increase. Where you have received notice of the fee increase and you do not provide Jacob Templeton with notice that you wish to cancel your membership as a result, you authorise Jacob Templeton to increase any debits from your nominated account from the date the fee increase is effective.

 

14. If you cancel your membership pursuant to Clauses 11, 12 or 13 herein you can do so by providing Jacob Templeton notice in writing. You must give Jacob Templeton at least twenty four (24) hours notice before the end of the current billing period that you wish to cancel your membership. If you cancel your membership, you will still be entitled to access the subscription service on the Platform for the remainder of the duration that you have paid for.

 

Group Coaching Subscription Memberships:

 

15. The subscription membership is a week by week membership that automatically renews. You agree to pay the weekly membership fee until you opt out. There is no free trial period, however you are free to withdraw at any point. Once payment is processed, there is no refund.

 

16. Membership fees are paid in advance, weekly by direct debit from a bank account or credit card. You agree to sign a direct debit form. Jacob Templeton will continue to debit your nominated account for the membership fees weekly without written notice of cancellation being provided to him. It is your responsibility to cancel your direct debit. Failure to cancel your direct debit will result in your membership automatically renewing and Jacob Templeton is not liable to refund you any amounts paid after processing..

 

17. You must ensure your account can accept direct debits and there is enough money in your account on the payment day. You agree to tell me if you are transferring or closing your account at least 72 hours before the next direct debit and you agree to tell me about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.

 

18. If you do not pay your membership fees as they fall due, Jacob Templeton may suspend your access to your program until any outstanding balance has been paid and you give him your updated account or credit card details if they are required. Jacob Templeton will make a reasonable effort to let you know if your membership payments fail but you are responsible for ensuring the payments are made when they fall due. If the payments fail, you are liable for all outstanding membership fees for the minimum term of payments, which is from the Start Date to the End Date. You understand and agree that you are also responsible for a late fee or recommencement fee for missed or late payments.

 

19. There is no minimum term of a group membership with Jacob Templeton. You agree Jacob Templeton may direct debit your nominated account for membership fees unless you opt out. 

 

20. Jacob Templeton may sometimes add to, change or remove his terms and conditions. This includes changing the hours of his availability for coaching, his services and membership fees. Jacob Templeton will give you at least 28 days notice of any changes. If you do not accept the change to these terms and conditions, you may be able to cancel your membership. If you do not cancel your membership you are taken to have accepted the change to the terms and conditions.

 

21. Jacob Templeton may increase his fees at any time, on the basis that any fee increase is reasonable and you will receive 28 days notice of the fee increase. Where you have received notice of the fee increase and you do not provide Jacob Templeton with notice that you wish to cancel your membership as a result, you authorise Jacob Templeton to increase any debits from your nominated account from the date the fee increase is effective.

 

22. If you cancel your membership pursuant to Clauses 19, 20 or 21 herein you can do so by providing Jacob Templeton notice in writing. You must give Jacob Templeton at least twenty four (24) hours notice before the end of the current billing period that you wish to cancel your membership. If you cancel your membership, you will still be entitled to access the subscription service on the Platform for the remainder of the duration that you have paid for.

 

23. You understand that, as Jacob Templeton utilizes Facebook Live videos for his group classes, his Facebook Group library of group exercise classes will accumulate over time. Given this, you agree that you understand that new members will have access to group exercise videos from before their membership and entrance to the group.

 

Courses

24. The course is a product containing general advice which can be paid once in full or in monthly payments. If the separate payment option is selected, these occur on 3 separate occasions with automatic renewal. You agree to pay the monthly automated fee from at least the Start Date until the End Date. 

 

25. Direct debit will come from a bank account or credit card which you nominate upon initial payment. You agree to the direct debit.

 

26. You must ensure your account can accept direct debits and there is enough money in your account on the payment day. You agree to tell me if you are transferring or closing your account at least 72 hours before the next direct debit and you agree to tell Jacob Templeton about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.

 

27. If you do not pay your course fees as they fall due, Jacob Templeton may suspend your access to your portal until any outstanding balance has been paid and you give him your updated account or credit card details if they are required. Jacob Templeton will make a reasonable effort to let you know if your payments fail but you are responsible for ensuring the payments are made when they fall due. If the payments fail, you are liable for all outstanding membership fees for the minimum term of payments, which is from the Start Date to the End Date. You understand and agree that you are also responsible for a late fee or recommencement fee for missed or late payments.

28. If the multiple payment option is selected, you agree Jacob Templeton may direct debit your nominated account for course fees for the number of selected months. There is a 14-day FULL REFUND GUARANTEE, but after this date you are locked into the payments. If there is an issue with the first or any of the subsequent payments, this needs to be rectified within 14 days of the transaction. As per clause (6), if Jacob Templeton creates a temporary “sale offer” on the platform, the course may not contain the 14-day “trial period”, and in such a case there is a no refund policy.

Challenges

 29. Challenges are an event which involve education or swimming/fitness coaching, where a payment to an event is required once in full. The information and advice provided in challenges is general, and Jacob Templeton will make a fair and reasonable effort to ensure all members know that they are responsible for exercising to their own limits.  

30. You are entitled to a FULL REFUND up until 48-hours after the commencement of a given challenge. Jacob Templeton will announce an official "start time" for each challenge, and after this time-point refunds are no longer available. 

 

“Generic Programs” Subscription Membership:

 

31. The subscription membership is a month-by-month membership that automatically renews. You agree to pay the monthly membership fee until you opt out. There is no free trial period, however you are free to withdraw at any point. Once payment is processed, there is no refund. 

32. The “generic programs” are programs designed by Jacob Templeton for individuals of a specified level. This “level” includes the swimming speed, and training distance that an individual agrees that they can comfortably swim. Jacob Templeton will email 10 new programs to buyers immediately and each month thereafter unless the individual cancels their subscription membership. Jacob Templeton will be reasonable and use his judgement to program for individuals of this specific level. The buyer must be aware that these programs are generic in nature, and not specified to any specific individual.
33. Membership fees are paid in advance, monthly by direct debit from a bank account or credit card. You agree to sign a direct debit form. Jacob Templeton will continue to debit your nominated account for the membership fees monthly without written notice of cancellation being provided to him. It is your responsibility to cancel your direct debit. Failure to cancel your direct debit will result in your membership automatically renewing and Jacob Templeton is not liable to refund you any amounts paid after processing.
34. You must ensure your account can accept direct debits and there is enough money in your account on the payment day. You agree to tell me if you are transferring or closing your account at least 72 hours before the next direct debit and you agree to tell me about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.
35. If you do not pay your membership fees as they fall due, Jacob Templeton may suspend your access to your program until any outstanding balance has been paid and you give him your updated account or credit card details if they are required. Jacob Templeton will make a reasonable effort to let you know if your membership payments fail but you are responsible for ensuring the payments are made when they fall due. If the payments fail, you are liable for all outstanding membership fees for the minimum term of payments, which is from the Start Date to the End Date. You understand and agree that you are also responsible for a late fee or recommencement fee for missed or late payments.
36. There is no minimum term of “generic programs” with Jacob Templeton. You agree Jacob Templeton may direct debit your nominated account for membership fees unless you opt out. 

 

37. Jacob Templeton may sometimes add to, change or remove his terms and conditions. This includes changing the hours of his availability for coaching, his services and membership fees. Jacob Templeton will give you at least 28 days notice of any changes. If you do not accept the change to these terms and conditions, you may be able to cancel your membership. If you do not cancel your membership you are taken to have accepted the change to the terms and conditions.

 

38. Jacob Templeton may increase his fees at any time, on the basis that any fee increase is reasonable and you will receive 28 days notice of the fee increase. Where you have received notice of the fee increase and you do not provide Jacob Templeton with notice that you wish to cancel your membership as a result, you authorise Jacob Templeton to increase any debits from your nominated account from the date the fee increase is effective.
39. If you cancel your membership pursuant to Clauses 36, 37 or 38 herein you can do so by providing Jacob Templeton notice in writing. You must give Jacob Templeton at least twenty four (24) hours notice before the end of the current billing period that you wish to cancel your membership. If you cancel your membership, you will still be entitled to access the subscription service on the Platform for the remainder of the duration that you have paid for.
40. You understand and agree that you are at the “level” specified by Jacob Templeton, and that you are a competent swimmer. You understand and agree that these programs are designed for swimming pools where there is adequate supervision. You understand and agree that these programs are non-specific. Jacob Templeton’s intentions with the programs are to help “healthy adults” to improve their swimming and fitness. You understand and agree that Jacob Templeton is not your “coach”, as these programs are generic in nature.

Your personal circumstances:

 

41. You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise. You recognise that Jacob Templeton is not able to provide you with medical advice with regard to your fitness, and that this information Jacob Templeton collects from you from your health pre-screening and fitness appraisal (one-on-one coaching) is used as a guideline to the limitations of your ability to exercise. You agree to not hold Jacob Templeton liable for any injury or death that may occur during a session with Jacob Templeton or by following the fitness or swimming training program prescribed to you by Jacob Templeton. Where there is no health pre-screening collected (in the case of courses, challenges or group classes) you agree that you understand you must consult a health professional prior to commencing a new exercise program, and ensure that you progress gradually. This is particularly if you have ever experienced symptoms which may cause harm upon exercise (Heart condition or stroke, Pain in the chest/discomfort at rest or during exercise, Faintness, dizziness or poor balance at rest/during exercise, A history of asthma, A history of diabetes, and/or Any other conditions/illnesses/injuries that may require medical attention). Whereby 1-on-1 exercise is not prescribed, it is assumed that the individual is fit, healthy and has no symptoms/risk factors for participation in physical activity. If you are unsure of what this means, contact Jacob Templeton or your health practitioner/doctor.

 

42. You agree to update Jacob Templeton with changes to your physical condition and any restrictions that are appropriate to you when they arise.

43. You understand and agree that all dietary and supplementary recommendations made by Jacob Templeton do not constitute medical or nutritional advice and you are solely responsible for making your own enquires and obtaining your own advice and having his recommendations assessed and deemed acceptable by a doctor and or a qualified health practitioner having regard to your specific health condition. Any alterations or modifications to nutrition and supplement recommendations must also be assessed and deemed acceptable by a doctor and or a qualified health practitioner.

 

44. You agree to allow Jacob Templeton to take videos or photos of you to use for stroke and technique coaching, for display on his Platform, for webinar replays (for those who subscribed) and for promotion purposes from time to time.

 

General:

45. You agree that Jacob Templeton may assign the rights and benefit under this agreement from Jacob Templeton to another party without your consent.

 

46. Jacob Templeton may in his sole and absolute discretion sever a provision of these terms if it is void, illegal or unenforceable.

 

47. The failure by Jacob Templeton to exercise, or any delay in exercising any right, power or privilege available to him under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

 

48. The parties submit all disputes arising between them to the courts of the State of Queensland and any court competent to hear appeals from those courts in the first instance.

 

49. Jacob Templeton will make reasonable efforts to make sure the Platform is available to you, however, access to the platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Jacob Templeton’s control. Jacob Templeton will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.

 

50. All the confidential information (such as know-how, trade secrets and inventions) and other similar intellectual property rights in the Platform and the material published on and through it are owned by Jacob Templeton and are protected by law. You must not engage in any activity on or through the Platform including transmitting or using content that infringes or otherwise makes unauthorised use of Jacob Templeton’s intellectual property rights.

 

51. When you subscribe to Jacob Templeton’s Platform, you are granted a limited, personal, non-transferrable, non-sub licensable and revocable licence to access and use the Platform for your own personal use and may not copy, reproduce, republish, upload, modify, distribute or otherwise use the Platform in any way for non-personal, public or commercial use without prior written consent from Jacob Templeton.

 

 

Important – Please read carefully

52. Exclusion of open water swimming

a. Jacob Templeton’s fitness and swimming program is not intended for and should not be used for ocean or open water swimming. The advice Jacob Templeton provides in his programs to his subscription members and in the products he sells, should only be followed for pool swimming. The waiver contained herein applies to you notwithstanding your use of Jacob Templeton’s training programs in the pool or in the ocean/open water.

53. Waiver

a. You acknowledge and agree that the activities of pool swimming and ocean/open water swimming, are intense activities that have certain dangers and risks to your health, including risk of injury or death.

b. You further acknowledge and agree that due to the nature of the activities, it would be unreasonable for Jacob Templeton to be in any way responsible for any personal injury to you or your death and you by this, to the full extent permitted by law, waive all of your legal rights of action against and fully release Jacob Templeton for loss, damages, injury or death howsoever arising out of or in relation to your participation in the activities conducted or organised by Jacob Templeton including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Jacob Templeton, his employees or agents.

c. You agree the services provided by Jacob Templeton are recreational services and that the exception in section 139A of the Competition and Consumer Act 2010 (Cth) applies to exclude Jacob Templeton’s liability for personal injury to you or your death, so long as Jacob Templeton’s conduct has not been reckless.

d. You further acknowledge and agree that you have undertaken the activities freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver must bind you and your executors.

 

 

 

I have read and understand this waiver of my legal rights, and have read and understood and agree to the Terms and Conditions of my membership.

 

Name of Participant………………………………………………………….

 

Signature of Participant………………………………………………………

Date…………………………………………………………………………..

Where the Participant is under 18 years of age a parent or guardian must accept the following conditions:

I have read and understood this document and request that my child be allowed to participate in activities and programs designed by Jacob Templeton.  I acknowledge that the terms above are binding and I agree to the release and indemnity of Jacob Templeton as if I was the person named.

 

Name of Participant Parent or Guardian………………………………………………………….

 

Signature of Participant Parent or Guardian………………………………………………………

Date……………………………………………………………………………………………….