If you answered YES to any of these questions, please include some details below.
Please seek guidance from your GP or appropriate allied health professional prior to undertaking any physical activity/exercise.
Do you have any additional comments or questions (including any additional information about existing medical conditions)?
IMPORTANT: Please read these terms and conditions carefully. It is a condition of your use of our services that you comply with these terms and conditions.
These terms and conditions apply to all goods or services (“Miss Motivator Course/s”) supplied by Miss Motivator. They are to be read in addition to and will prevail over any additional terms and conditions specified for any individual purchase of Miss Motivator Courses supplied by Miss Motivator. In so enrolling and in consideration of my application fee for entry to any Miss Motivator Course, I acknowledge, warrant and agree that:
a. Miss Motivator means Rachel Anne Leman trading as Miss Motivator ABN 91 126 686 096 and its permitted successors and assigns.
b. Agreement means this document, the attached Enrolment Form, Pre-Exercise Participant Questionnaire as well as any schedule or annexure to this document.
c. Representative means Rachel Anne Leman and any of Miss Motivator’s employees, sub-contractors, servants, agents or other representatives.
d. Course/s means any and all classes, training sessions and program provided by Miss Motivator.
a. All fees (unless paid in full), Miss Motivator Courses, and availability of Miss Motivator Courses are subject to change without notice.
b. Full payment of fees is required in advance for all Miss Motivator Courses and is the mechanism for securing my place in a Miss Motivator Course.
c. Payment is due weekly or fortnightly to Miss Motivator via Miss Motivator’s direct debit provider EZIDEBIT and the member has read and agreed to EZIDEBIT’s direct debit terms.
d. Minimum term of the payments will be from the members commencement at a Miss Motivator course until the end of the term and not shorter.
e. Miss Motivator may withhold or refuse delivery of its services to the member until such time that all payments are up to date.
f. In the event of a failed Direct Debit payment, the member will incur a fee, which will be added to the next successful payment. The cost will vary depending on the charges imposed by the Direct Debit Company controlling the debit from the member’s account or credit card.
g. After the term finish date, the membership remains an active Miss Motivator membership and the member will not need to join again, hence the payments will continue to be withdrawn once the new term commences.
h. Pro-rata payments for some Miss Motivator Courses can be arranged on application and such arrangements are at the absolute discretion of Miss Motivator.
i. I agree that there will be not refund of any payments made to Miss Motivator where more than 14 days have passed since the date I made the payment. I understand that where I am not entitled to a refund, I may request the transfer of credits to another person in accordance with these Terms and Conditions.
a. I understand that Miss Motivator Courses may be one-on-one personal training sessions or conducted in a group environment.
a. I agree that if I wish to withdraw from a Miss Motivator Course, I must notify Miss Motivator at least 24 hours’ prior to the commencement of the Course that I intend to withdraw from.
b. Where I provide Miss Motivator with at least 24 hours’ notice of my intention to withdraw from a Miss Motivator Course, if I have already paid the fee for that Course, I am entitled to a credit for that Course that I must use within 3 months of the date of the Course I have withdrawn from.
c. I may request that my credits be transferred for use by another person. Miss Motivator must consent to the transfer my credits to another person but Miss Motivator will not unreasonably withhold its consent to do so.
d. Where I have given Miss Motivator less than 24 hours’ notice of my withdrawal from a Miss Motivator Course, I am not entitled to a refund or credit.
a.A membership, once commenced, may not be cancelled before the term finish date and payments will continue until such time is completed
b.Should the member decide not to continue with the membership in the NEW term, they will need to inform Miss Motivator in writing via email to email@example.com 1 week prior to the new term commencement.
c.A membership may be suspended due to medical reasons once a doctors certificate has been provided outlining the members condition. Suspended membership will incur an admin fee of $10 (ten dollars) per month.
6.Miss Motivator’s Rights: Miss Motivator may:
a. Vary the delivery of a Miss Motivator Course at any time without notice.
b. Cancel or postpone a Miss Motivator Course up to 8 hours prior to the commencement of that Miss Motivator Course. Where a Miss Motivator Course is cancelled by Miss Motivator, and I have already paid for that Course in full, I will be offered a makeup course.
c. Refuse my entry or continuation to a Miss Motivator course if Miss Motivator’s Representatives have deemed (at their sole discretion) me not to be medically or physically fit to participate. However, Miss Motivator is not able to provide advice concerning medical fitness to undertake any exercise or activity and that it is my responsibility to seek medical advice in this regard.
d. Refuse my entry or continuation in a Miss Motivator Course if Miss Motivator’s Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
7. Warning: Participation in a Miss Motivator Course can be inherently dangerous. Accidents may happen which may result in me being injured or even killed. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in each relevant Miss Motivator.
8.Fitness to Participate: I warrant to Miss Motivator that I am and will continue to be medically and physically fit and able to participate in the course. I am not and will not be a danger to others or myself. I will immediately notify Miss Motivator in writing of any change to my fitness and ability to participate. Unless I notify Miss Motivator otherwise, I understand and accept that Miss Motivator will continue to rely upon this declaration as evidence of my fitness and ability to participate.
9.Medical Treatment: I consent and authorise Miss Motivator and its Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in a Miss Motivator Course and agree to pay for any costs or expenses incurred by Miss Motivator in administering or obtaining such medical assistance.
10. Exclusion of Liability: To the extent permitted by law and while all reasonable care is taken, Miss Motivator and its Representatives cannot be held responsible and excludes all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity, goodwill and/or data, and failure to realise anticipated savings or benefits).
11. Release and Indemnity:
a.To the extent permitted by law, I release and indemnify, and will keep indemnified, Miss Motivator and all of their Representatives in relation to all claims which I now, or at any time in the future may have against Miss Motivator, arising from or related in any way to the supply and my participation in Miss Motivator Courses.
b.To the extent permitted by law, I release and indemnify, and will keep indemnified, Miss Motivator and all their Representatives in relation to all claims relating to any act or omission of any baby or child that accompanies me to any Miss Motivator Course and that such release and indemnity shall extend to include any claim made by or on behalf of any third party.
c.To the extent permitted by law, I release and indemnify, and will keep indemnified, Miss Motivator and all their Representatives in relation to my property, personal or otherwise, that I bring with me to any Miss Motivator Course and that such release and indemnity shall extend to any claim made by or on behalf of any third party.
12. Privacy: I understand that the information I have provided is necessary for my participation in any Miss Motivator Course. I acknowledge and agree that the information will only be used by Miss Motivator to facilitate the conduct of Miss Motivator Courses and may be disclosed to any person administering medical assistance in accordance with these Terms and Conditions. As part of my enrolment with Miss Motivator, I acknowledge that I may receive information from time to time about the products and services offered by Miss Motivator. If I do not wish to receive such information from Miss Motivator, I will notify Miss Motivator in writing.
13. Photographs and videos and right to use; Photos and videos may be taken and used by Miss Motivator for promotional purposes, without payment or compensation to me. Such photos and videos will remain the property of Miss Motivator.
14. Assignment: Miss Motivator may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with Miss Motivator without prior written consent of Miss Motivator (which may not be unreasonably refused).
15. Acknowledgement regarding children: I acknowledge that:
a. no babies or children are to participate in or be involved in any Course conducted by Miss Motivator;
b. Miss Motivator does not and will not provide any child care/crèche services including, but not limited to, supervision for any babies or children, prior to, during or after any Course conducted by Miss Motivator;
c. Miss Motivator does not provide any designated child care/crèche areas prior to, during or after any Course conducted by Miss Motivator;
d. I am responsible for the supervision of any babies or children that accompany me to any Miss Motivator Course.
e. any babies or children that accompany me to any Miss Motivator Course will not use or play with any equipment that is provided by or utilised by Miss Motivator in the conduct of the Courses.
16. Severability: If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
17. This Agreement cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Miss Motivator.
18. I have provided the information required by Miss Motivator and signed the form. I warrant that all information provided is true and correct and that there is no other information that is relevant to my participation in MISS MOTIVATOR Courses. I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release and indemnity.
I believe that to the best of my knowledge, all of the above information I have supplied within this tool is correct. I also understand that I am embarking on an exercise program at my own risk, I am responsible for my own activity and I accept the Terms and Conditions above.
In addition to the Terms and Conditions contained in the Miss Motivator Enrolment this Addendum relates to Virtual or at home training with Miss Motivator.
1. In consideration of participating in the virtual exercise session (“the Activity”) whether live, recorded or provided in writing, I agree and acknowledge that I am fully aware that participation may involve risks and I accept all the risks of participating, even if the risks are created by the act, omission, carelessness, negligence or gross negligence of Miss Motivator or another related party (Released Party).
2. I agree and acknowledge that:
a) I am in proper physical condition to participate in the Activity, and am aware that participation could result in physical injury or death;
b) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured;
c) My involvement in the Activity is completely voluntary and I am free to deny consent and withdraw from participating at any stage;
d) I am aware that if the activity occurs outdoors, the streets are open to regular traffic and I will obey all traffic laws and regulations;
e) I am responsible for ensuring that the place, furniture and equipment that I am using for completing the Activity is safe, free from hazards and fit for purpose;
f) Any equipment used at the sole risk of the participant;
g) Participants in the Activity must be current members of Miss Motivator. Miss Motivator is not liable for any injury, loss or damage suffered by any person participating in the Activity where that person is not a member of Miss Motivator.
h) I will comply with all rules, regulations and laws relating to the conduct of persons in public spaces when participating in the Activity, including restrictions imposed by Federal, State and Local governments including but not limited to as a result of the coronavirus pandemic, and am solely responsible and liable for any fines, penalties or other consequences imposed as a result of my failure to comply with such rules, regulations and laws.
3. I acknowledge that the live, recorded and written forms of the Activity contain valuable intellectual property, which intellectual property is owned Miss Motivator. I agree that I will not, without the express written consent of Miss Motivator, engage in any acts that would otherwise infringe the intellectual property rights in the Activity, including by reproducing or making copies of the Activity, or by publishing or communicating the Activity (including electronically, such as by email or social media) to any person who is not a current member of Miss Motivator.
4. I consent to the use of my photograph(s), video(s), text or quote by Miss Motivator and any affiliates. I am aware that live virtual sessions may be recorded and playback circulated amongst members.
I confirm that I have read and understood these terms. I am aware that by checking the box below, I am waiving certain rights. I am not under any physical or emotional duress to sign.