PRIVACY POLICY (Updated 26th of August 2024)

Your Consent

When you provide any information to Resolute Strength and Conditioning, you are consenting to that information being stored on the servers of the personal computer of the Resolute Strength and Conditioning founder and Director, Liam Kiley. Your information may be stored using the services of other external companies, including but not limited to: Microsoft, Google, Zoho, Instagram, Facebook, OneDrive, Google Drive, Outlook, and its subsidiaries.

Resolute Strength and Conditioning collects and use member data in accordance with its privacy policy. Member information will be kept confidential and will not be shared with third parties without consent. Members have the right to access and update their personal information.

By signing this agreement, members grant Resolute Strength and Conditioning the rights to use their progress and program-specific information for promotional purposes on Resolute Strength and Conditioning social media pages. This includes but is not limited to before-and-after photos, testimonials, and performance metrics.

Members agree that their participation and progress information can be shared publicly to promote the program.

Social Media Content

By agreeing to the terms and conditions of our service, you are consenting to the use any footage of you and/or your likeness to be displayed throughout social media mediums. You also consent to the use of any footage which is captured is at the discretion of Resolute Strength and Conditioning.

Resolute Strength and Conditioning will be open to requests for footage to not be displayed on aforementioned mediums. Such content is strictly limited to related training content.

Resolute Strength and Conditioning is required to seek out additional consent if:

• any features of non-related content are not included in the described terms and conditions AND/OR

• content features people(s) under the age of 18, requiring parent/guardian consent provided via the agreement forms

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Resolute Strength and Conditioning. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.

Please remember that when you use a link to go from the services to another website, our Terms & Conditions are no longer in effect.

Browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Changes To Our Terms & Conditions

You acknowledge and agree that Resolute Strength and Conditioning may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Resolute Strength and Conditioning’s sole discretion, without prior notice to you. You may stop using the Service at any time, however you need to specifically inform Resolute Strength and Conditioning when you stop using the Service.

You acknowledge and agree that if Resolute Strength and Conditioning disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that Resolute Strength and Conditioning shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

Resolute Strength and Conditioning does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Members are expected to comply with the rules and regulations of Resolute Strength and Conditioning. Members must respect the online platform, coaches, and other participants. Any misuse of the online platform or resources will be the member's responsibility. When interacting with Hubfit, members agree that Hubfit's terms and conditions are in effect, and Resolute Strength and Conditioning is not liable for any issues arising from the use of Hubfit's software.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information:

• a physical or electronic signature of the copyright owner or a person authorized to act on his behalf.

• identification of the material that is claimed to be infringing.

• your contact information, including your address, telephone number, and an email.

• a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners.

• a statement that the information in the notification is accurate, and, under penalty of perjury you are authorised to act on behalf of the owner.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Resolute Strength and Conditioning and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website. Neither party will be liable for any failure or delay in performing obligations due to extraordinary circumstances beyond their control, such as natural disasters or pandemics.

To the maximum extent permitted by applicable law, in no event shall Resolute Strength and Conditioning or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to:

· damages for loss of profits

· for loss of data or other information

· for personal injury

· for loss of privacy arising out of or in any way related to the use of or inability to use the website

· third-party software and/or third-party hardware used with the website

· otherwise in connection with any provision of this Agreement), even if Resolute Strength and Conditioning or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Members acknowledge that participation in online fitness activities involves inherent risks. Resolute Strength and Conditioning is not responsible for any personal injury, loss, or damage that may occur while participating in online sessions. Members agree to release and waive any claims against Resolute Strength and Conditioning and its coaches.

Indemnification

You agree to indemnify and hold Resolute Strength and Conditioning and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

• use of the website/app.

• violation of this Agreement or any law or regulation.

• violation of any right of a third party.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Resolute Strength and Conditioning on the Services, shall constitute the entire agreement between you and Resolute Strength and Conditioning concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Resolute Strength and Conditioning’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. YOU AND Resolute Strength and Conditioning AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein.

In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. Members waive liability due to false reporting on the ESSA pre-screening tool or failing to report any changes in physical conditioning which may alter their ability to exercise safely. Resolute Strength and Conditioning is not liable for any injuries that occur as a result of exercising as part of any program in the Peak Performance Initiative.

Amendments to this Agreement

Resolute Strength and Conditioning reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website/app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Resolute Strength and Conditioning.

Entire Agreement

The Agreement constitutes the entire agreement between you and Resolute Strength and Conditioning regarding your use of the website/app and supersedes all prior and contemporaneous written or oral agreements between you and Resolute Strength and Conditioning. You may be subject to additional terms and conditions that apply when you use or purchase other Resolute Strength and Conditioning's services, which Resolute Strength and Conditioning will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website/app, including all its contents, features, and functionality (such as information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), is owned by Resolute Strength and Conditioning, its licensors, or other material providers. This content is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The material must not be copied, modified, reproduced, downloaded, or distributed in any manner, in whole or in part, without the express prior written permission of Resolute Strength and Conditioning, except as explicitly provided in these Terms & Conditions. Any unauthorized use of the material is strictly prohibited. All content provided to members, including workout videos and materials, is the intellectual property of Resolute Strength and Conditioning. Unauthorised use or distribution of this content is strictly prohibited. Any distribution of material to unauthorised persons will result in the pursuit of fees proportional to the timeframe during which the material was distributed, enforced through our legal team.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Resolute Strength and Conditioning’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Resolute Strength and Conditioning concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Resolute Strength and Conditioning must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: liam@resolutesc.com.au Resolute Strength and Conditioning will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.

You and Resolute Strength and Conditioning will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Resolute Strength and Conditioning may commence arbitration.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Resolute Strength and Conditioning without any compensation or credit to you whatsoever.

Resolute Strength and Conditioning and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Disclaimer

• Resolute Strength and Conditioning is not responsible for any content, code, or any other imprecision.

• Resolute Strength and Conditioning does not provide warranties or guarantees.

• In no event shall Resolute Strength and Conditioning be liable for any special, direct, indirect, consequential, or

incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service.

• The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

• The Resolute Strength and Conditioning Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied.

• Resolute Strength and Conditioning is a distributor and not a publisher of the content supplied by third parties; as such, Resolute Strength and Conditioning exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Resolute Strength and Conditioning Service.

• Without limiting the foregoing, Resolute Strength and Conditioning specifically disclaims all warranties and representations in any content transmitted on or in connection with the Resolute Strength and Conditioning Service or on sites that may appear as links on the Resolute Strength and Conditioning Service, or in the products provided as a part of, or otherwise in connection with, the Resolute Strength and Conditioning Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.

• No oral advice or written information given by Resolute Strength and Conditioning or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice.

• Without limiting the foregoing, Resolute Strength and Conditioning does not warrant that the Resolute Strength and Conditioning Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions.

• Via Email: liam@resolutestrengthcoach.com

• Via Phone Number: 0428 554 317

• Via this Link: www.resolutesc.com.au/