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CLIENT AGREEMENT AND TERMS
THIS AGREEMENT (the "Agreement") is dated at time of purchase with the payee, (the "Client") and Amanda Kate Dick - of Amanda Kate Body and Lifestyle ABN 34 292 392 412 16 Peninsula Ave Heathridge WA 6027 (the "Consultant")
By making this purchase you agree that you:
Have read and agreed to all of the client policies listed
Are 100% responsible for your own decisions and results.
Authorise Amanda Kate Family Trust to charge payments to the account details provided upon first payment as in line with the fee schedule / payment plan stated on this page.
Policies + Terms
Services
Subject to the terms of this agreement, Amanda Dick must supply the Services to the Client in consideration of the Client paying the Fee to Amanda Dick
Amanda Dick will commence the provision of the Services on the Commencement Date, and continue to supply it until this agreement is terminated pursuant to these terms.
Except in 1-1 coaching, The Services may be supplied by such employees, contractors or agents that Amanda Dick may choose as most appropriate to carry out the supply.
The Client must:
Provide assistance to Amanda Dick as reasonably required so that Amanda Dick may competently perform its duties under this agreement; and
Acknowledge that Amanda Dick makes no guarantee that the Goals can be achieved.
Complete all necessary modules, tasks or homework and attend all scheduled programs to the best of their ability in the endeavor to reach the goals intended between Amanda Dick & The Client.
​Fees
This contract secures your place in the Coaching or program directly with Amanda Dick. By agreeing to this contract, The Client is agreeing to recognise that payments are non-refundable and by taking a place in this container, you are under contract to complete minimum agreement of your payment plan.
You agree to have funds available in your account for payment processing before the scheduled charge date. Failed payments will incur a fee.
To request cancellation of your membership agreement, a written request must be sent to info@amandakatelifestyle.com.au with 14 days notice. Any payments due in the 14 days following your email will be charged in full.
Transfers are not available to any other course/programs of Amanda Dick.




MEMBER TERMS


These Member Terms (‘Terms’) apply to all Members to this Website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any membership of our Website or Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

DEFINITIONS

‘Website’ means [amandakatelifestyle.com.au/amandakatelifestyle.thrivecart.com/thrive-2.teachery.co].
‘Content’ means all health and fitness information, exercises, programs, techniques, ideas, materials and examples accessed on or through the Website.
‘Services’ means offline and online personal health and fitness training services.
‘Member’ means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through the Website from time to time.
‘We’, ‘our’ and ‘us’ means Amanda Kate Body and Lifestyle - Amanda Kate Family Trust and includes its directors, employees and contractors.
‘You’ means the Member to the Website or our Services.


AGREEMENT


You will not share your password or login details with any other person.
You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.
You will not share, recreate or otherwise reproduce any Content or Services on or provided through our Website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content or Services is permitted without our written permission.
You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.
You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.
You will keep your contact, payment and other information updated.
You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.


DISCLAIMER


The Content is for educational purposes only, is general in nature only and is not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.
The Content does not take into account your individual health, medical, physical or emotional situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs.
You are responsible for consulting a suitable medical professional before using any of the Content or Services offered online or accessed through our Website or taking any course of action that may directly or indirectly affect your health or well being. Our Content and Services are not a substitute for or intended to take the place of proper medical examination, diagnosis and treatment by a qualified medical professional.
We do not warrant, promise or guarantee that any of the Content or use of the Services will produce a particular result. We are only providing general educational information and to assist in provision of the Services. At no time do we provide any guarantees or warranties in relation to this Content or Services.


CANCELLATION AND TERMINATION


You are solely responsible for cancelling your membership through the Website or by contacting us.
We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.
We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.
We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, are suspected of using illegal or performance-enhancing drugs or provide instruction or information to other Members where you are not authorised by us to do so.
We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.


LIABILITY


You take full responsibility and assume all risk for making any decision based on the Content on the Website or contained in the Services.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.
Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.
In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


INDEMNITY


You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.
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