Terms and conditions | Resolute Strength & Conditioning

GENERAL TERMS

By accessing and placing an order with Resolute Strength and Conditioning, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Resolute Strength and Conditioning.

Under no circumstances shall Resolute Strength and Conditioning team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Resolute Strength and Conditioning team or an authorised representative has been advised of the possibility of such damages.

If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Resolute Strength and Conditioning will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

LICENCE

Resolute Strength and Conditioning grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Resolute Strength and Conditioning, a sole trader business (referred to in these Terms & Conditions as "Resolute Strength and Conditioning", "us", "we" or "our"), the provider of the Resolute Strength and Conditioning website and the services accessible from the Resolute Strength and Conditioning website (which are collectively referred to in these Terms & Conditions as the "Resolute Strength and Conditioning Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Resolute Strength and Conditioning Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

DEFINITIONS AND KEY TERMS

To explain things clearly in this Terms & Conditions, every time the following terms are referenced, are strictly defined as:

Cookie: data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Resolute Strength and Conditioning, a sole trader business (19 Captain Cook Crescent, Griffith, ACT, 2603), that is responsible for your information under this agreement
Members: refer to participants of Resolute Strength and Conditioning services, hereby inclusively referring to ‘you’, the reader and acceptant of this agreement.
Initial Consultation & Assessment: the appointment before the beginning of a training program package, whereby an understanding of the clients weekly scheduling and goals is understood, an appropriate physical assessment is conducted, and whereby the client is introduced to the online program mobile application.
Program Induction: the appointment before the beginning of a training program package, whereby a thorough review of the training program is conducted to ensure the client understands proper exercise technique.
Daily/Weekly Check – Ins: messages sent through the online mobile training program application as a means of checking on the progress of the client’s training for that designated timeframe, ensuring that the training program remains appropriate to the client’s evolving needs.
Fulltime Summary: the appointment at the conclusion of the training program, whereby the client’s program is summarised with the coach, highlighting the progress throughout the program and developing a future plan to ensure continual development.

RESTRICTIONS

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website/app or make the platform available to any third party. Doing so will be subject to further action being taken, including but not limited to lost fees of restricted access being sought after by legal entities and/or termination of service.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website/app.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Resolute Strength and Conditioning or its affiliates, partners, suppliers, or the licensors of the website/app.

SCOPE OF PRACTICE

By entering into an agreement with Resolute Strength and Conditioning, you are hereby accepting the terms and conditions of the Scope of Practice of an accredited Level 2A Strength and Conditioning Coach with the Australian Strength and Conditioning Association (ASCA, Accreditation Number: 19235). You also understand the limitations of the Scope of Practice of a Level 2A Strength and Conditioning Coach with the ASCA, including but not limited to restrictions in nutritional advice, restrictions in injury treatment, inability to diagnose injury and inability to prescribe a rehabilitation training program in response to an injury. Any refusal of service due to a conflict of this Scope of Practice is strictly not subject to discrimination related laws and legal action against such claims for defamation may be sought after if such a claim is made.

PAYMENT

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the service in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. You also accept that you will continue to be charged until you explicitly express your intention to cancel your membership with Resolute Strength and Conditioning. The billing term describes the term of the agreed upon service length, where payment of the service will be paid in full in conjunction with the cessation of the service. Each payment is to be charged via the payment method provided by yourself on Stripe. Failure to make timely payments may result in suspension or termination of membership. Debt collectors will be contacted for any unresolved outstanding unpaid fees after five unsuccessful contact attempts via email, phone calls, and text. Any disputes arising from these terms and conditions will be resolved through mediation or arbitration. Members agree to attempt to resolve any disputes amicably before pursuing legal action.

Unless otherwise indicated in an order form, you must provide Resolute Strength and Conditioning with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these terms to determine your rights and liabilities with respect to your Payment Provider. By providing Resolute Strength and Conditioning with your credit card number and associated payment information, you agree that Resolute Strength and Conditioning is authorised to verify information immediately and subsequently invoice your account for all fees and charges due and payable to Resolute Strength and Conditioning hereunder and that no additional notice or consent is required. You agree to immediately notify Resolute Strength and Conditioning of any change in your billing address, or the credit card used for payment hereunder.

Resolute Strength and Conditioning reserves the right at any time to change its prices and billing methods, either immediately upon posting on our site or via e-mail. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and Resolute Strength and Conditioning for the Service until Resolute Strength and Conditioning accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

CANCELLING, SUSPENDING AND RESCHEDULING POLICY

By making a purchase at Resolute Strength and Conditioning, you agree to the terms along with Resolute Strength and Conditioning’s Privacy Policy. Memberships can be temporarily suspended for any reason, such as medical reasons, with prior written notice and approval from Resolute Strength and Conditioning. Memberships are eligible for suspension for a total of ten weeks in each calendar year, with a minimum term of three months between each six-week suspension period. Memberships are automatically renewed unless a cancellation notice is provided in writing via email. Members have the right to a 2-week cooling off period starting from the date of the cancellation request, whereby a remaining two weekly payments will be deducted. For 12 month lock in contracts, a cancellation fee of 25% of the remaining fees in the membership term will be applied upon cancellation.

Cancellations of Scheduled Training Sessions and/or Appointments

Cancellation within 12 hours or no show will accrue a 100% charge, with a no show equating to the client not showing up to an appointment or showing up outside 15 minutes of the scheduled start time.
Cancellation of training sessions included in a training package AND Academy of Excellence Elite Squads within 12 hours of the appointment start time, or no show of appointment will count that training session as complete and won’t be subject to rescheduling.

Rescheduling of Scheduled Training Sessions and/or Appointments

Clients who notify of a need to reschedule outside of 12 hours of the appointment booking’s start time will be eligible to do so without extra charges. In cases where appointments and/or training sessions are required to be rescheduled by Resolute Strength and Conditioning, refunds may be available at the discretion of Resolute Strength Conditioning if a rescheduled date is unable to be agreed upon. Appointments associated with the Resolute Strength and Conditioning Junior and Senior Academy of Excellence are included as a part of the initial package cost. Initial consultations and program inductions may be rescheduled 12 hours before the appointment’s start time at no extra cost. Rescheduling appointments within the 12 hours prior to the appointment will incur a $30 fee.

TERMS AND LENGTH OF SERVICES

Resolute Strength and Conditioning (RSC) Academy of Excellence

The RSC Academy of Excellence includes both Junior and Senior factions, each with three tiers of service defined as ‘squads’ with differing perks and inclusions. Disparity of each squad’s inclusions are as defined on our website. Training programs are accessible via the Hubfit mobile application. Members must log in to the online platform using their unique credentials. When signing up for one of our squads in the RSC Academy of Excellence, you are obligated to pay for the service on a per week basis, from which you will be provided with login details for accessing your training program via either the Hubfit mobile application or via the portal on our website. Should you fail to make a payment, access may be removed until the arrears are resolved. Resolute Strength and Conditioning reserves the right to restrict access to certain content or sessions as needed. When signing up, members are committing themselves to a minimum membership term period of ten weeks, or two 5 – week training blocks.

Squad Definitions

· Senior Academy: 18 years of age and older

· Junior Academy: 10 – 17 years of age

· Training program frequency: 2 – 4 sessions per week

· Training program duration: 5 week training blocks, with a commitment of a minimum of two training blocks when initially signing up to any of the Resolute Strength and Conditioning Academy of Excellence squads.

· Available packages: Development Squad, Advance Squad and Elite Squad

Squad Inclusions

When signing up for a Resolute Strength and Conditioning Academy of Excellence squad, you accept that you understand the inclusions of each squad and understand that requests for the provision of further inclusions will be subject to extra fees.

Training Program Packages

Regular training program packages are available and accessible via the Hubfit mobile application and are subject to the same terms and conditions listed above for all Resolute Strength and Conditioning Academy of Excellence training packages.

Gym and Sprint/Field Training Session Packages

Different training session types and packages include varying number of sessions, which in turn have varying durations in which these sessions can be used. Packages including up to three sessions have an expiry of one month, whereby packages of four and five sessions have an expiry period of two months. Any sessions not booked and completed during these specified timeframes are not subject to a refund under any circumstance. These packages do not take into consideration any training sessions which are included in Resolute Strength and Conditioning Academy of Excellence Elite Squad subscription packages. Such packages are subject to their own terms and conditions outlined above.

Peak Performance Initiative

Memberships are available on a month-to-month or 12-month basis, depending on the option selected. Memberships are tailored to the number of weekly sessions selected by the member, offering flexibility to adjust their plan at any time during the membership. Changes require at least a two-week interval between requests. Members must commit to the selected membership term and adhere to the payment schedule. When signing up, members accept the terms of their membership, which include and are limited to recurring 5 – week training blocks, access to the Hubfit Mobile Training Application and the opportunity to contact Resolute Strength and Conditioning whenever they choose to do so throughout their membership. When signing up, members are committing themselves to a minimum membership term period of ten weeks, or two 5 – week training blocks. Members are obliged to abide by the cancellation policy should they wish to terminate their membership.

The Everyday Athlete Initiative

Memberships are available on a month-to-month basis. Members must commit to the selected membership term and adhere to the payment schedule. When signing up, members accept the terms of their membership, which include and are limited to recurring 5 – week training blocks, access to the Hubfit Mobile Training Application and the opportunity to contact Resolute Strength and Conditioning whenever they choose to do so throughout their membership. When signing up, members are committing themselves to a minimum membership term period of ten weeks, or two 5 – week training blocks. Members are obliged to abide by the cancellation policy should they wish to terminate their membership.

ONLINE MOBILE TRAINING APPLICATION

Resolute Strength and Conditioning uses the external online training mobile application Hubfit for the distribution of programming and content to subscribers. Resolute Strength and Conditioning utilises components of Hubfit subscription services to aid in constructing and distributing content, including AI nutrition guides and program creation. By signing up to Resolute Strength and Conditioning, you accept the use of Hubfit’s AI Program Builder for the creation of personalised nutrition guides, and your program may be designed with the help of Hubfit’s AI builder. Members must adhere to the code of conduct, which includes respectful behaviour and proper online etiquette. Any violations of the code of conduct may result in disciplinary action, including suspension or termination of membership.

HEALTH AND SAFETY GUIDELINES

Members are encouraged to follow health and safety guidelines to ensure their well-being during offline training program sessions. Recommendations include having adequate space and appropriate equipment for exercises. Members are subject to the terms and conditions of the space being used to conduct such sessions. Resolute Strength and Conditioning is not liable for damages as a result of the utilisation of any Resolute Strength and Conditioning material conducted in spaces for which the training session took place.

SMS, EMAIL AND IN – APP COMMUNICATIONS

By signing up to any of our services, you are giving us consent to contact you using the contact information provided to us. You reserve the right to be removed from our contact list upon request. Communication channels include via those provided by mobile phone text messaging, email and in-app messaging via the Hubfit mobile application. Communication may originate from any of the following sources, including but not limited to: Microsoft, Google, Instagram, Facebook, OneDrive, Google Drive, Outlook, Hubfit, and its subsidiaries, from which their terms and conditions are in effect.

Members can opt-in or opt-out of receiving promotional emails or communications from Resolute Strength and Conditioning by updating their communication preferences. Contact opportunities are included as a part of our training services. To get the most out of your training package, we advise you to maintain your consent to these communication channels.

REFUNDS

Once an initial consultation and assessment appointment is booked, a training program or training session package is purchased, or a training session is scheduled, refunds will only be permitted if the terms and conditions of your training program and/or coaching are not upheld by Resolute Strength and Conditioning, including missed appointments or training program provisions outside of timelines provided by Resolute Strength and Conditioning.

In the case of an injury sustained whilst within a pre-paid coaching period, refunds will not be available. Refunds for Peak Performance Initiative membership fees will be issued only under exceptional circumstances, subject to Resolute Strength and Conditioning's discretion. Refunds due to externally sustained injuries with an active training program are at the discretion of (Liam Kiley) the founder and head strength and conditioning coach of Resolute Strength and Conditioning. Missed scheduled training sessions due to externally sustained injuries across all services and packages may be eligible for rescheduling free of charge, at the discretion of Resolute Strength and Conditioning.

Initial Consultation & Assessment

By purchasing a training package and booking your initial consultation and assessment, you confirm that, to the best of your knowledge, you are in good health and have no injuries that would prevent you from participating in a strength and conditioning training program. Under no circumstances is the fee for the initial consultation and assessment refundable. Should you fail the ESSA Pre – Exercise Screening Tool Assessment, you will not be eligible for a refund of the $59 Initial Consultation & Assessment fee.

Refunds for any fees paid for any Resolute Strength and Conditioning training package are not available should you fail the ESSA Pre – Exercise Screening Tool Assessment and fail to gain medical clearance to participate in a strength and conditioning training program within two (2) weeks of the Initial Consultation & Assessment date.

No Warranties

Services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Resolute Strength and Conditioning, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, Resolute Strength and Conditioning provides no warranty or undertaking and makes no representation of any kind that services will meet your requirements or achieve any intended results. Without limiting the foregoing, neither Resolute Strength and Conditioning nor any Resolute Strength and Conditioning's provider makes any representation or warranty of any kind, express or implied:

i) as to the accuracy, reliability, or currency of any information or content provided through the website

ii) that the website, its servers, the content, or e-mails sent from or on behalf of Resolute Strength and Conditioning are free of viruses, scripts, trojan horses, worms, malware, timebombs and harmful components.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Resolute Strength and Conditioning with respect to the website/app shall remain the sole and exclusive property of Resolute Strength and Conditioning. Resolute Strength and Conditioning shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.

YOUR CONSENT

Privacy and Security

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, 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.

Parental/Guardian Consent

For clients under the age of 18, a parent or guardian must sign this agreement on their behalf. The parent or guardian acknowledges and agrees to all the terms and conditions outlined in this document. The parent or guardian accepts responsibility for ensuring the minor complies with these terms and conditions.

Resolute Strength and Conditioning is not responsible for any loss of information using these services and their subsidiaries, from which their terms and conditions are in effect.

Social Media Content & Photography

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 for the purposes of promoting Resolute Strength and Conditioning and its services.

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

By signing this form, parents/guardians are giving their consent for their child to be featured in footage to be used for social media content, unless explicitly stated otherwise.

Website Tracking

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website/app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions. Any information you provide may be stored on multiple secure services including but not limited to: Google, Beacons, Instagram, Facebook, and YouTube. Our terms and conditions are null and void on these services.

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.

Cookies

Resolute Strength and Conditioning uses "Cookies" to identify the areas of our website/app that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website/app as we would not be able to remember previous log in attempts.

Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website/app correctly or at all. We never place Personally Identifiable Information in Cookies.

CHANGES TO OUR TERMS AND 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.

MODIFICATIONS / UPDATES TO OUR WEBSITE

Resolute Strength and Conditioning reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you. Resolute Strength and Conditioning may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the website/app.

You agree that Resolute Strength and Conditioning has no obligation to:

i) provide any updates, or

ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all updates will be:

i) deemed to constitute an integral part of the website/app, and

ii) subject to the terms and conditions of this Agreement.

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.

TERMS OF SERVICES AND TERMINATION

This Agreement shall remain in effect until terminated by you or Resolute Strength and Conditioning. Resolute Strength and Conditioning may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Resolute Strength and Conditioning, in the event that you fail to comply with any provision of this Agreement. Resolute Strength and Conditioning reserves the right to modify or discontinue services, programs, or features. Members will be informed of any significant changes in advance.

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 authorised 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 authorised 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 any services provided by Resolute Strength and Conditioning. 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 authorised 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 unauthorised 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.

PROMOTIONS

Resolute Strength and Conditioning may, from time to time, include contests, promotions, or other activities (“Promotions”) that require you to submit material or information concerning yourself. All promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether you are eligible to participate. If you enter any promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

TYPOGRAPHICAL ERRORS

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

MISCELLANEOUS

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorised representative of Resolute Strength and Conditioning. Resolute Strength and Conditioning will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breaches. Resolute Strength and Conditioning operates and controls Resolute Strength and Conditioning from its offices in Australia. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access Resolute Strength and Conditioning from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Resolute Strength and Conditioning Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Resolute Strength and Conditioning concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given legal import.

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 Resolute Strength and Conditioning 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 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@resolutesc.com.au
Via Phone Number: 0428 554 317
Via this Link: https://www.resolutesc.com.au/