By undertaking this customised training plan you agree to the following terms:

Introduction

• These are the Terms of Business which govern our sales of fitness and nutrition plans (Plans) or community support service (Service).
• They should be read in conjunction with our website terms of use and our privacy policy, both of which can be found on our website.
• This constitutes a legal agreement between us and you. Please read it carefully.
• Please note that we do not provide medical advice. When following our plans, guides, programs and advice you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.

Information about how to contact us

Who we are. We are Progressive Coaching Systems Pty Ltd, registered in Australia.

How to contact us. You can contact us by email to  info@pcscoaching.com.au or by post to P.O. Box 2540, WELLINGTON POINT, QLD 4160.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

The Plans, Guides and Programs

Nature of the Plans, Guides and Programs. All the meals contained within all Plans are suggested and no set plans will be given, unless you have specifically paid for this service and therefore new recipes will not be created upon request.

Our ethos. The program has been created in line with our own unique formula. Our ethos is sustainability and enjoyment of food, which is tracked and calculated using your own unique macros and calories, to create a specific outcome, determined by you. Therefore, we do not pre-determine nutritional values for you.  This is your responsibility, unless you have expressly paid for this service.

Allergies.  Please note, that you are responsible for all your own food and health choices pertaining to this.

Physical training. The training routines contained within the Plans, Guides and Programs are also pre-set. However you can modify to accommodate injury or illness as you wish.  You will receive details on the exact structure to follow; meaning the duration, repetition, range and amount of sets. Due to strength being such an individual consideration, weight on the resistance training section will never be specified and this is something you will have to discover through carrying out the exercises.

1. Waiver and Release of Liability, Assumption of Risk and Indemnity

1. • In consideration of Progressive Coaching Systems Pty. Ltd. (“PCS”) accepting my participation in any training program, coaching packages or event, or skills training (Recreational Activities) conducted by PCS which may involve a significant risk of physical harm, I agree to this release of claims, waiver of liability and assumption of risk. I am aware that weight lifting, mountain biking and cycling in general is a recreational activity which may involve, in addition to usual and inherent risks, personal injury, obvious risk, danger to myself, the possibility of injury and harm and physical exertion for which I may not be prepared, remoteness to normal medical service, weather extremes subject to sudden and unexpected change and evacuation difficulties if I am disabled.
   • I accept all of the inherent and obvious risks and that weight lifting, mountain biking and cycling in general is a dangerous recreational activity and the possibility of personal injury, death, property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of weight lifting, mountain biking and cycling in general is derived in part from the inherent risks incurred by the activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement being a reason for my participation.
   • I hereby release and forever discharge from all liability and agree not to sue PCS and its officers, employees, volunteers, agents, contractors, sub-contractors, public bodies, land holders and sponsors from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in a training program, plan or event.
   • I hereby indemnify and hold harmless PCS, its officers, agents, contractors, sub-contractors and sponsors from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from any injury, loss or damage sustained by me or any injury, loss or damage suffered by any other person as a result of any act, omission, neglect or default on my part in connection with my participation in a training program, plan or event.

 

2. Payment

1. • Member will receive the Services (Service(s)) outlined selected during enrolment and subject to payment of the Coaching Fees (Fees) set forth under Pricing Schedule (Pricing).
   • Any additional fees for other PCS offerings must be negotiated, in writing, in advance of performing the service and mutually agreed upon between PCS and myself.
   • All prices are quoted in AUD (Australian Dollars)
   • By signing up to our monthly payment plan you agree to complete full payment all instalments.  Contact PCS Coaching if you are unable to make the necessary payments.

3. Confidentiality

• I agree that the services provided by PCS are strictly confidential and may not be disclosed to any third party without the express written consent of PCS, including but not limited to, the materials provided to me from PCS, the techniques and methodologies used by PCS and its staff in rendering Services under this arrangement and the substance of the communications between PCS and me. I agree that I shall not reproduce any materials provided to me by PCS and, further, that I will not remove any proprietary markings from materials provided to me from PCS, including any confidentiality notices and/or copyright notices.
• It is expressly understood and agreed that PCS is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services.

4. Media & Images

I agree that my name, results, photographs, video, audio recordings, multimedia or film likeness can be used for advertising purposes by PCS unless mutually agreed between myself and PCS.

5. By signing this document

• I acknowledge, agree and understand that this document constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:

• Section 5M of the Civil Liability Act 2002 (NSW);
• Section 5I of the Civil Liability Act 2002 (WA);
• Section 48 of the Consumer Affairs and Fair Trading Act (NT);
• Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
• Section 15 - 20 of the Civil Liability Act 2002 (TAS);
• Section 31 - 39 of the Civil Liability Act 1936 (SA);
• Section 50 of the Wrongs Act 1958(VIC); and/or
• Section 13 - 19 of the Civil Liability Act 2003 (QLD).

6. Section 139A of Competition and Consumer Act, 2010 (Cth)

permits PCS, the Service Provider of the Recreational Activities and associated services, to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).

7. By signing this document,

1. I acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
   • My rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue PCS or any of its Service Providers, their service and agents, in relation to death, physical or mental injury, or the aggravation or acceleration or recurrence of a physical or mental injury arising from the Recreational Activities, if the Recreational Activities or associated services were not provided to me in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
   • I (or the person for whom or on whose behalf I am acquiring the services) releases all the Service Providers, and their servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.

8. If any clause,

or part of a clause, is deemed to be invalid, illegal or unenforceable, then it shall be severed from this agreement, leaving the remaining clauses intact.

Refunds

We are unable to provide refunds for any  training plans under any circumstance.

Code Of Conduct

You agree to the PCS Code of conduct and any athletes in breach of such code will be removed from the group and no refund will be provided.

Our Community Guidelines

Our online Communities in our Facebook groups. When posting or commenting in one of our Communities, you agree to comply with these Community Guidelines, in addition to Facebook’s Terms of Use (available at https://www.facebook.com/terms) and Community Standards (available at https://www.facebook.com/communitystandards/). Both Progressive Coaching Systems (and Facebook) have the right to remove any Content or members that breach these terms.

Membership in the communities is a privilege and separate from any program purchase. It is for program support and advice, not for complaining and suffering. For any account questions or complaints, email info@pcscoaching.com.au.

Be kind and courteous. Our communities were established to create a welcoming environment and offer support. Treat everyone with respect. Healthy debates are natural, but kindness is required. In order to support the positive atmosphere of this group, we will remind members twice regarding rules. A 3rd violation will result in removal from the group.

Be respectful of other peoples choices. We have many different food lifestyles in our communities.

No coaching, lives or instructional videos. We encourage members to join in with the discussion in the groups but to refrain from giving unsolicited advice. Progressive Coaching Systems are the only ones that can host a live or post instructional videos. Please respect that we need to keep all instructions in line with Progressive Coaching Systems.

Respect everyone’s privacy. Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What’s shared in the group should stay in the group.

No spam, social media or website links. We ask that you respect that this group is for Progressive Coaching Systems content only. Please keep posts relevant to PCS programs. Do not share links or companies unaffiliated with PCS. If coaches feel your posts are irrelevant to the group, or in any way promoting yourself for followers or clients, they will be removed.

No activism. We are an inclusive community. We prefer to keep things program based and educational for those that are learning about a healthy lifestyle.

No medical advice to be requested or given. Please respect that the Progressive Coaching Systems groups are for support and advice in relation to PCS programs only. Do not ask for medical advice, as we are not medical providers. Do not attempt to give any medical advice, as you are not a medical advisor. If you feel you need help with a medical issue, please reach out to your own local medical provider as soon as possible.

No posting program details. Coaches will guide members on the program-specific details to limit any confusion and for the protection of Progressive Coaching Systems paid programs.

Progressive Coaching Systems reserves the right to remove any post or comment in our online communities at its discretion. If you see a post or comment in one of our communities that violates our guidelines, please report it to the group administrators by sending a screenshot or link to the post. If you see content or receive a private message from one of our community members that violates our guidelines, please report it to us at info@pcscoaching.com.au.