Terms Of Service – KLT Fitness

Health Adventure / Kinetic Link Training

PLEASE READ OUR TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE USING THE HEALTH ADVENTURE AND/OR KINETIC LINK TRAINING WEB SITES (THE “WEBSITES”), REGISTERING TO ATTEND LIVE EVENTS OR PURCHASING ONLINE EDUCATION PRODUCTS AND COURSES. USING THE WEBSITES, REGISTERING TO ATTEND LIVE EVENTS, OR PURCHASING ONLINE EDUCATION PRODUCTS AND COURSES INDICATES THAT YOU ACCEPT OUR TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT ACCEPT OUR TERMS OF SERVICE AND PRIVACY POLICY, DO NOT USE THE WEBSITES, REGISTER TO ATTEND LIVE EVENTS, OR PURCHASE ONLINE EDUCATION PRODUCTS AND COURSES.

Purchasing of Health Adventure Pty Ltd (HA) courses or educational products and the use of the www.HeathAdventure.com.au, www.KLT.fitness, www.kineticlinktraining.com, www.kineticlinktraining.online, www.kineticlinktraining.coach and www.KLT.coach websites are governed by these Terms of Service.

Acceptance Of Conditions

By purchasing and using the website you have agreed to these Terms and Conditions.

Health Adventure Pt Ltd (HA) reserves the right to amend these Terms and Conditions at any time. Your continued access to the website will constitute your acceptance of any changes or revisions to the Terms and Conditions. While HA has endeavoured to ensure the accuracy of the information accessed via the website, HA does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website.

Disclaimer and Pre-Exercise Safety Information

All Health Adventure Pty Ltd (HA) & Kinetic Link Training (KLT) courses of study (both live and online) involve general guidance regarding the safe implementation of functional strength training exercises.

The lessons, exercises and workouts taught in all HA and KLT courses are not meant to be a substitute for individual professional medical advice. We recommend, for both safety and best results, that you seek professional medical advice before commencing any exercise program, especially if you have not exercised or trained with weights regularly for several years. It is essential that you seek medical advice if you suspect you are affected by any of the following conditions: pregnancy, arthritis or joint disease, high-risk of cardio-vascular problems (due to smoking, high blood pressure and / or high cholesterol levels), diabetes or a family history of heart disease, or any medical conditions that may prevent you from exercising safely.

We strongly suggest that you seek additional guidance and supervision from a well-qualified exercise professional if you are not confident with performing the exercises prescribed in the course. Any exercises attempted by you (the student and any person performing the exercises) should initially be performed slowly and carefully under light loads with very close attention to controlled technique and should never cause pain or discomfort. Rest from exercise if you feel dizzy or unusually short of breath.

It is essential that you follow the safety rules and guidelines of any gym or training facility that you use whilst exercising under load. It is essential that you respect the manufacturers safety instructions regarding the appropriate use of any equipment that you use whilst exercising under load. eg. the safe use of resistance bands recommends that you thoroughly inspect the product before each use for signs of damage / wear and tear and never use a damaged product, and ensure safe attachment to any anchor points.

Health Adventure Pty Ltd (HA) disclaims any liability, loss or damage caused by improper performance of exercises or participation in exercise at a level of intensity which you suspect is inappropriate for your levels of physical capabilities.

Website Terms and Conditions

The Websites are owned and offered by “HEALTH ADVENTURE Pty Ltd” (HA) trading “Kinetic Link Training” (KLT) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations.

The Websites have been designed to provide general information about Functional Strength Training and to offer the opportunity to purchase HA educational products (including live and online courses of study).

You acknowledge and agree that the health information provided on the Website is intended for general consumer understanding and education only and not intended to be and is not a substitute for professional medical advice. We suggest you seek the advice of your physician before performing any physical activity.

Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.

Privacy

Your purchase and your access of this website constitutes acceptance of our Privacy Policy.

Prices & Payment

Prices quoted in any order apply to that order only and do not apply in any other circumstances. All prices when quoted in Australian dollars (AUD$) include the Goods and Services Tax (GST). When quoted in alternative currencies no such tax is applied. All Products are payable at the time of the order.

Live Courses / Events Registration

Online registration is the simplest way to secure a place at a Health Adventure / Kinetic Link Training (KLT) live event. If unable to register online for any reason, please contact Wayne Rodgers: wayne@healthadventure.online

Registration will not be accepted without payment.

Confirmation of Live Event Proceeding

Health Adventure will always make best endeavours to proceed with an event / course as advertised. Please note however that an event is not confirmed as proceeding until registrants have been sent confirmation notification in writing. In most cases, registrations close 2 (two) days prior to event commencement date and, with the exception of extenuating circumstances, events should be confirmed or cancelled not less than 1 (one) week prior to event commencement date.

Travelling to an Event

If a registrant is travelling significant distances or interstate to attend a Health Adventure event, we strongly recommend that travel and accommodation is not booked until the event has been confirmed as per above. Or we strongly recommend making travel and accommodation bookings that allow for cancellation if required.

In the instance that an event is cancelled by Health Adventure, registration fees are fully refundable or transferrable to another similar event, however Health Adventure is not responsible for a participant’s other associated expenses with attending an event.

Cancellation of Live Course registration due to COVID conditions

Health Adventure will offer a refund of the course registration fee to a course registrant if the reason for cancellation is due to COVID related government imposed border closures, lockdowns and quarantining requirements that are in place at the time of the cancellation, and/or if the registrant has COVID related symptoms. This policy pertains to course registration fees only.

Health Adventure will not reimburse any travel/accommodation related expenses incurred by registrants who intend to/need to travel to attend a course, regardless of the COVID situation.

NOTE: The standard course cancellation terms apply to registration cancellations due to a reason relating to an individual’s workplace travel policies. Therefore, it is the responsibility of course registrants to be aware of any travel policies or restrictions imposed by their own workplaces and assume responsibility for their course registrations accordingly.

Term

As the COVID situation continues to change in Australia, this special policy will be periodically reviewed and is subject to change/cease at any time at the discretion of Health Adventure. The next review is anticipated in December 2022.

All course registrations will be subjected to the terms of any special cancellation policy that is in place at the time the registration was completed, even if the course registration is for a course scheduled in the future. Otherwise the standard PD terms and conditions apply.

Cancellation of events by Health Adventure Pty Ltd

Health Adventure reserves the right to cancel or change an event activity to an alternative date. As such:

Health Adventure will notify those who have already registered for that particular event of the cancellation or change of date usually not less than 1 (one) week prior the event commencement date.
In the situation of an event being cancelled or postponed/transferred to an alternative date, registrants will have the option to receive a full refund of their registration fee or transfer the registration fee to another available event (either another live event or a virtual event).

Registration cancellation by participant

All tickets purchased for HA / KLT live events (lectures, seminars, courses) and all online educational / training products and online courses are non-refundable.

A ‘cooling-off’ period 48 hours from the time of purchase is applicable for live events – if you choose to cancel your order in this 48 hour period you will receive a 90% refund. No such cooling off period applies for online products.

If for any reason you are unable to attend a live event for which you have registered, you can contact Health Adventure via email to request a partial refund on your enrolment fee: or you may choose to transfer across to another course date / location or transfer your registration to another person ($50 transfer fee applies) email: wayne@healthadventure.online for details.

A participant may apply for a partial refund of registration monies paid in line with the following timelines:

Notify us greater than 4-weeks prior to course date – receive 50% refund.
Notify us 2 to 4 weeks prior to course date – receive 33% refund.
Notify us less than 2 weeks prior to the course date – receive 25% refund.

Participant Requirements

It is the participant’s responsibility to ensure they meet any pre-requisites as stated in the PD event outline found on the Health Adventure / KLT website.

Most Health Adventure courses are also available to university students unless otherwise advertised.

Health Adventure requires that all participants hold current professional indemnity insurance that covers their participation in all professional development courses and workshops and other events, particularly those that include practical sessions.

For participants who are travelling interstate to attend an event, Health Adventure suggests considering purchasing appropriate travel insurance (Health Adventure recommends checking the policy terms and conditions to confirm what situations are covered).

Participation in Practical Activities

Many Health Adventure / KLT events involve practical sessions, such as the demonstration and practising of exercise techniques. It is the participant’s responsibility to ensure they follow all appropriate professional standards whilst conducting a practical activity.

Before being the subject of any demonstration or practical activity, it is the participant’s responsibility to inform any presenter, tutor, fellow participant or other relevant person of any medical condition(s) or other relevant information that may impact their participation in the practical/demonstration or render the demonstration/practical activity or any persons, unsafe.

Participation in the practical sessions of a Health Adventure event is at the participant’s risk.

Photographs / Images / Comments

By registering for any Health Adventure / KLT event, participants provide consent to Health Adventure to use their comments/responses or any photographs/images taken of them for their publications and associated media and marketing channels; that is, appropriate use only for the everyday business of Health Adventure and KLT. If a participant does not consent, it is their duty to inform Health Adventure in writing.

Participants are not permitted to take photos/video/audio recordings of any other subject (participants/presenter etc.) at a Health Adventure / KLT event (nor share them via social media or other channels) without their direct consent.

CPD hours and Confirmation of Attendance

Certificates of completion / attendance are provided at the completion of every course, workshop and masterclass.

CPD hours will not be allocated to a member participant until all components of a course have been completed including any pre-course content (online or otherwise) and any post-course content or requirements.

Limit of Liability

Health Adventure Pty Ltd (HA) is not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website. HA does not warrant that the Website is compatible with your computer equipment or that the website or its server are free of errors or viruses and HA is not liable for any damage you may suffer as a result of such destructive features.

Intellectual Property

The website is the property of Health Adventure Pty Ltd (HA), the website, including (but not limited to) text, video, music, sound, graphics, photographs, names, logos, trademark(s) and other material (the Content), is protected by copyright, trademarks and/or other proprietary rights.

You must not copy, adapt or distribute the Content unless you have first obtained HA’s written consent to do so. You may not use any of HA’s trademark(s) or brands without HA’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or trademark(s).

You agree to notify HA in writing promptly upon becoming aware of any unauthorised access to or use of the website by any party or of any claim that the website or any of the contents of the website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Feedback

Any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy. Please read the Privacy Policy before submitting personal information to HA. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant HA an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that HA is free to use them for any purpose.

Termination of Access to the Service

Health Adventure Pty Ltd has the right to terminate or suspend your ability to access the website, for any or no reason, without notice and without liability.

Governing Laws & Legalities

This contract is governed by the laws of Australia and the State of Queensland notwithstanding the place in which the Product or any of them are to be delivered. The Customer and Health Adventure Pty Ltd irrevocably submit to the exclusive jurisdiction of the Courts of Queensland Australia.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are the under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

You shall indemnify, defend and hold harmless Health Adventure Pty Ltd (HA), its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to your use of the Website or the Content and any breach or non-compliance by you of these Terms of Use. HA reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

Any attempt to deliberately damage the Website or the information on the Website or to otherwise undermine the legitimate operation of any competitions, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Health Adventure Pty Ltd reserves the right to seek damages to the fullest extent permitted by law.

Health Adventure Pty Ltd (Australia)

ABN: 73 625 803 426