The Sports Model Project – Program Terms
Your program is provided by Little Tree Big Tree Pty Ltd ABN 64 611 844 083 trading as The Sports Model Project (SMP). Any online program that you sign up to with SMP (program) is subject to these terms and conditions. We encourage you to read and understand these terms and conditions (agreement) because they explain what SMP and you are each responsible for and are designed to protect you as well as us.
Any reference in this agreement to the program providers, we, our, us or similar words refers to SMP and its business(es), directors, employees, agents, presenters, associates, successors and assigns. Any reference to you, your or client in this agreement means you, the person entering into this agreement.
You agree to be bound by this agreement by checking the ‘I agree’ box or verbally agreeing on the initial cal with our team
Terms and Conditions
- The program duration is 24 weeks. By signing up to the program, you are signing up to a full 24-week program. You are responsible for making payments of the program fee in full and on time, whether or not you complete the program or access all components or content of the program.
- By joining the program, you get access to the members portal which contains all your program resources. Your access to the portal will end on the day that is 24 weeks from the date you signed up to the program.
- You will also be provided with access to our private forum during the 24 week program. You must not share your access to the forum or any resources in the forum with others.
- We reserve the right to change or substitute components of the program at any stage with alternatives that we feel will be of equal or greater value to you.
- Individual components of the program are not interchangeable, redeemable or transferable if you are unable to use them during the term of your membership.
- Your membership is not transferable. It cannot be sold or given to another person.
- You confirm that you are 18 years of age or over and have read and understood and agree to the terms of this agreement including the release, disclaimer and indemnity.
Expenses NOT included in the program
- The Program does not include costs and expenses related to your participation, including but not limited to recommended food purchases, supplements or competitions. You accept full responsibility for all costs associated with your participation in the program and in any competition.
Health and Safety
- Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health. You are responsible for ensuring that you are physically fit and are in a condition that will allow you to participate fully and safely in the training program. You should NOT participate in this program if you are pregnant, suffer from neck or back or other health issues, or participating is against the advice of your health practitioner.
- Whilst we make reasonable endeavours to ensure that the activities recommended by the program providers are safe, our activities carry some inherent risks. In particular, training carries the risk of personal or mental health injury. For example, injury may arise from:
- executing strenuous moves;
- incorrect usage of equipment or techniques by you;
- fatigue, pain, frustration, and/or anxiety; or
- physical exertion and increased heart rate.
- This list is not exhaustive, and there are other risks you may not have anticipated which may result in injury, illness or death.
- You are responsible for ensuring that your environment and equipment are safe and appropriate to undertake the activities being taught.
Release, Disclaimer & Indemnity
- By enrolling in the program, you acknowledge and agree that to the extent permissible under relevant legislation:
- the program providers will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in the program or any activities suggested by the program (collectively referred to as ‘program activities’). You participate at your own risk.
- you RELEASE the program providers from any and all liability for any loss, damage, injury or expense suffered by you or any other person, resulting from your participation in program activities.
- you will INDEMNIFY and hold the program providers harmless against any and all liability for any loss, damage, injury or expense suffered by you or any third party as a result of your participation in program activities.
- you ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in program activities including but not limited to personal injury, illness, economic or property loss, even if such risks are caused or contributed to by the negligence of the program providers.
- if we are liable for any reason, our total aggregate liability for any claim(s) by you relating to the program is limited to the amount actually paid by you for the program.
- If there is any fault in the program, our liability will be limited (at our choice) to:
- the delivery of the program again; or
- refunding part or all of the program fee.
- You release forever and indemnify the program providers from any and all responsibility or liability for any loss, claim or demand that may result directly or indirectly from your use of the information obtained through the program, your participation in any competition, to the fullest extent permissible by law.
- Unless specifically notified otherwise, the program providers are qualified through experience, and do not hold third party qualifications or certifications to provide health, dietary, nutritional or exercise advice, or advice in respect of any regulated industry. You should seek specialist advice suitable to your circumstances if you have any concerns regarding your health before, during or after your participation in the program.
- The program providers are not responsible for any services contracted or provided by third party suppliers, such as competition organisers, and do not make any guarantees in relation to any services provided by third party suppliers.
- You agree to keep your program username and password secure and not to share access to the program with anyone.
- You are solely responsible and liable for any loss or damage to the program providers arising out of the use of your membership details or portal access.
- You acknowledge that as with any endeavour there is no guarantee that you will achieve particular results by participating in the program. Every participant’s result will vary depending upon their personal participation and their personal physique. You understand that your individual success will be determined, among other things, by your starting point and your own desire, dedication, effort and motivation to participate in and follow the program. You agree not to hold the program providers, or other members of the program, liable or accountable in any way if your results from using the program do not meet your expectations.
- We may recommend competitions to you. These competitions are organised by third parties and not SMP. If you decide to compete, you do so at your own risk and you take full responsibility for arranging and confirming your entry, attendance and participation in the competition of your choice.
- As a condition of your participation in the program, you warrant that you will not use our website for any purpose that is unlawful or prohibited by these terms and conditions, or in any manner which could damage, disable, overburden, or impair our website or interfere with any other party's use and enjoyment of our website or our program. You agree not to hack into areas of the website that are not intentionally made available to you.
Payment of fees
- You may choose to pay for your program membership in one upfront payment, or with a deposit followed by 24 equal weekly instalments, 12 fortnightly instalments, or 6 monthly instalments. If paying by instalments, you agree to pay all instalments on time.
- You agree that by signing up to the program, you are agreeing to pay for the full 24-week program, regardless of whether you actually attend, participate in or complete the program. The full value of this program is provided to you when you are given access to the members portal upon joining.
- For the same reason, if your circumstances change and you are unable to complete the program, there will be no partial refunds.
- You agree not to cancel any payment to us with your bank or credit card company. If there is a problem, you agree to promptly contact us to resolve it.
- If your account remains overdue for 7 days, then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) will be charged as administration fees. This fee will become immediately due and payable.
- Interest may also be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (and such interest may compound monthly) after as well as before any judgment.
- If any payment is dishonoured for any reason, you will be liable for any dishonour fees incurred by us, as well as any costs and disbursements incurred by us in pursuing the debt (including legal costs on a solicitor and own client basis and collection agency costs) to the extent permissible under relevant legislation.
- Without prejudice to our other remedies at law, we will be entitled to cancel or suspend all or any part of your membership and access to the program if you fail to make payments when due.
Direct Debit Payments
- You can authorise us to arrange for funds to be debited from your authorised account held at your financial institution (account). You may be required to enter into terms and conditions with our direct debit partner.
- If the debit day falls on a day that is not a banking day (a day other than a Saturday or a Sunday or a public holiday in Australia), we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited, you should ask your financial institution.
- It is your responsibility to terminate your direct debit arrangements once you have finalised your payment for the entire 24-week program. If you cancel your direct debit prior to completing your payments, you will still be responsible for all outstanding payments.
- It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the agreement. If there are insufficient clear funds in your account to meet a debit payment, you:
- may be charged a fee and/or interest by your financial institution.
- may also incur fees or charges imposed or incurred by us.
- must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can re-process the debit payment.
- You should check your account statement to verify that the amounts debited from your account are correct.
- If you believe that there has been an error in debiting your account, you should notify us directly at firstname.lastname@example.org as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
- If we conclude, as a result of our investigations, that your account has been incorrectly debited, we will respond to your query by arranging for your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
- If we conclude, as a result of our investigations, that your account has not been incorrectly debited, we will respond to your query by providing you with reasons and any evidence for this finding in writing.
Having Your Say
- As a member you will have access to the forum and can participate as part of The Sports Model Project community. You agree to use the services available in the forum (such as Facebook) only to post, send and receive messages and material that are proper and related to the program we provide.
- We want our community to be great and expect you to show common courtesy and respect when participating in the forum. If you comment on our social media sites, the same expectations apply. By way of example, and not as a limitation, you agree that you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
- post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- use our social areas or forum to damage our reputation.
- upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents to use those materials in that manner.
- upload any material that has been altered to change or remove proper legal notices (such as copyright or proprietary notice).
- download any material posted by another user that you know, suspect or reasonably should know, cannot be legally distributed in such manner.
- advertise or offer to sell or buy any goods or services, unless we provide a particular forum for those messages.
- conduct or forward spam, surveys, contests, pyramid schemes or chain letters.
- restrict or inhibit any other user from using and enjoying our website, social areas or program.
- violate any code of conduct or other guidelines which we prescribe.
- violate any applicable laws or regulations.
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or device.
Materials Posted on Public Access Areas
- Always use caution when giving out any personally identifying information about yourself or others anywhere on the internet.
- We do not claim ownership in the materials (including feedback and suggestions) you post on any part of our website. However, by posting any information or material, you are granting us, our affiliated companies and necessary sub-licensees, permission to use your information or material in connection with the operation of our and their businesses including, without limitation, the rights to:
- copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and
- to publish your name and/or image together with your information or material.
- No compensation will be paid to you with respect to our use of your material or information.
- We may remove any of your material or information from our website at any time at our sole discretion
- We are under no obligation to post or use any material or information that you provide. By posting your material or information or providing it to us, you warrant and represent that you own or otherwise control all of the rights necessary for you to post that material or information.
- We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Monitoring of Communication Services
- We do not control or endorse the content, messages or information found on any part of our website where users are able to contribute their own posts and material. We specifically disclaim any liability with regard to those parts of our website and your use of those parts of our website.
- Managers and hosts of forums and blogs are not authorized spokespersons for SMP, and their views do not necessarily reflect those of SMP’s.
- We are not obligated to monitor the content or materials published by users on our website. However, we reserve the right to review, edit or remove materials from our website at our sole discretion.
- We reserve the right to terminate or suspend your membership and access to the program or any portion the program at our sole discretion and without notice. We will not be liable to you for any loss or damage you may suffer because we have exercised our rights under this clause.
- Any suspension imposed as a result of your breach of an obligation under this agreement will not extend the term of your membership beyond the original membership term.
- If your membership is terminated due to your breach of these terms, the following provisions will apply.
- any membership fees you have paid up to the date of termination will not be refunded.
- as of the date of termination, you will no longer have access to the program.
- we are under no obligation to provide you any further information regarding the program.
Privacy, confidentiality and intellectual property
- We respect your privacy and must insist that you respect the privacy of fellow program members. You agree not to violate the privacy of any program members, presenters, trainers or program providers.
- You agree that any confidential information shared by program members or the program providers is confidential and proprietary, and belongs solely and exclusively to the person or entity that discloses it. ‘Confidential information’ means all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded or documented, including verbal.
- You agree not to disclose confidential information to any other person or use it in any manner other than in discussion with the program providers or, where appropriate, with other program members in the forum.
- You acknowledge that any confidential information shared by you during the program is done so at your own risk, and you waive any right to seek recourse from the program providers for any loss or damage suffered as a result of sharing that information. To be clear, we are under no obligation to protect confidential or private information you share with other program members.
- You agree that all intellectual property rights in the program materials and processes used to provide the program to you are our intellectual property. You can use those materials and processes to make best use of the program, but you have no authority to use those materials or processes for any other purpose, including for commercial purposes or giving them away to others. You may not make derivative works using our intellectual property.
- You agree not to infringe the copyright, patent, trade mark, trade secret or other intellectual property rights of any program member or the program providers. Material uploaded to any part of our website may be subject to stated or implied limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations.
- You acknowledge that your membership with SMP does not give you the right to represent (whether expressly or implied) or hold out to any person that you are a representative, agent, employee or partner of the program providers or other program members.
Storage, security and accessibility
- While every care is taken, the members portal is not designed as a backup system and should not be relied on as such. We provide no guarantee for the security of your data, and we will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. We strongly encourage you to have a regular back-up system in place for your systems.
- If your program is terminated, your stored data will be permanently deleted from the members portal.
- Continuous access to our website will depend on your internet connection and download speed, which is outside our control.
- We cannot guarantee that our website will remain error free at all times. There may be limited times where our website is not functioning or is malfunctioning. Please notify us if that occurs. We will not be liable for any periods that it is not functioning or is malfunctioning.
- We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. We do not warrant that our website is free from viruses, malware or similar damaging code. We strongly encourage you to install and maintain up-to-date security software on your systems.
- We may update these terms and conditions from time to time and will provide 30 days’ notice to you of any changes that apply to you.
- We are delivering the program to you as an independent contractor and nothing else in this agreement should be interpreted to suggest otherwise.
- The program is personal to you and this agreement and cannot be assigned to any other person.
- Any time or other indulgence granted by either party will not in any way amount to a waiver of any rights or remedies that party is entitled to under this agreement.
- This agreement is governed by the laws of New South Wales and you agree to be subject to the jurisdiction of the courts of New South Wales if there was a serious dispute between us.
- If for some reason a clause of this agreement turns out to be invalid or unenforceable, the rest of this agreement will continue unaffected, and the invalid clause will be severed.