Deepen Motion Terms & Conditions
These Terms of Use are entered into by and between you (referred to as "Client", "you" or "your") and DEEPEN MOTION (ABN 72 212 204 990). By signing this Agreement (and/ or ticking the box or purchasing a service with DEEPEN MOTION), you indicate your acceptance of the terms and conditions herein, at which point this Agreement shall commence and become binding between the parties, ‘Trainer’ and you, ‘Client’.
As a client, you will be signing an agreement to undertake a ‘Session’ or ‘Package’ (further referred to as ‘Package and or ‘Session’) with DEEPEN MOTION conducted by head TRAINER ‘Oliver Zafiridis’ and/ or other qualified DEEPEN MOTION trainers.
(i) Mission
DEEPEN MOTION has the intention to instruct, develop skills, broaden intellectual depth, and improve quality of life. DEEPEN MOTION cannot guarantee results, and it is up to the individual to apply practices, knowledge, and tasks to their everyday life. The DEEPEN MOTION approach focuses on patience, longevity, and commitment from both parties, in order to achieve desired results, set by both the trainer and client.
PURCHASE POLICY, FEE & DURATION
By making a purchase with Deepen Motion, you agree to the individual terms and conditions of each package and/or service. You will be made aware of all package/ service terms & conditions in the detailed description of each package/ service.
(i) Duration
Individual packages will have expiry dates. It is up to the client to utilise all sessions by this date. If the client does not use up all credits before expiry, the remaining credits will be forfeited.
DEEPEN MOTION understands that life my get in the way. Under the circumstance of a long vacation, illness or injury, DEEPEN MOTION will review and may extend the package’s expiry date for an agreed reasonable timeframe.
PAYMENTS & FEE
All fees and payments must be in accordance with the DEEPEN MOTION payment terms. Fees may change based on the individual person, country of residence or depth of the program, package or session.
Payments will be made through the selected app (including but not limited to MINDBODY & SQUARESPACE).
INTELLECTUAL PROPERTY, USE LICENCE, COPYRIGHT, TRADEMARK
DEEPEN MOTION’S ownership:
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights and the material published on and provided throughout the mentorship are owned by DEEPEN MOTION, and other providers of such material are protected by Applicable Laws.
User's licence to use
You are not granted any right to use, and may not use, any of DEEPEN MOTION’S Intellectual Property Rights.
(i) You are granted an opportunity to receive a limited, personal, non-transferable, information and content for your own personal use and development and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or in any way for non-personal, public or commercial use without prior written consent from DEEPEN MOTION.
(ii) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of any service.
(iii) If you are in breach of these Terms of Use, your right to use will cease immediately and you must, return or destroy any copies of the materials you have made.
Acknowledgements / Warrants
You can neither transfer nor assign this Agreement to anyone else including family, friends, or social utility contacts. Each service, package or program has been exclusively designed and should never be shared with any other person. Consequently, the transfer, assignment, circulation, or dissemination of the any physical copies provided will not be tolerated under any circumstances and will be a breach of the terms of this Agreement. This may entitle the Trainer to cancel this Agreement with immediate effect and to exercise their legal rights in terms of this Agreement.
The client agrees to be polite and respectful towards the trainer and others. Environments may change; therefore, the client agrees to respect the space, people, and equipment. DEEPEN MOTION has the legal right to terminate the client’s package/ services in the result of reckless, illegal or negligent behaviour.
LIMITATIONS OF LIABILITY/ INDEMNITY
By ticking the box and/ or making a purchase with DEEPEN MOTION you agree that if you engage in any physical exercise or activity, including in person classes conducted at any location in which the DEEPEN MOTION classes are held, or online training sessions (removed from the DEEPEN MOTION space), or enter the premises or use any facility or equipment on the premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer whether while engaging in physical exercise or not, Nothing in these Terms of Use shall exclude or restrict DEEPEN MOTION’S liability for:
(i) Death or personal injury resulting from the negligence of DEEPEN MOTION or caused by the individual. This includes injury or damage sustained while and/or resulting from using any online sessions, indoor or outdoor premises or facility, or using any equipment, whether provided to you by the Trainer. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, such as sidewalks, parking lots, stairs, or other general areas of any facilities or any equipment. This also includes the individual’s space where they may undertake their online training sessions via Zoom (if applicable).
(ii) The client may be required to complete a Medical History form prior to commencing and has the responsibility to inform the DEEPEN MOTION trainers of any injury or medical history that may impact or be at risk of the individual.
(iii) DEEPEN MOTION and its trainers are covered by Professional and Public Liability.
PRIVACY
To ensure that DEEPEN MOTION has a complete understanding of its clients, we may collect personal information such as;
(i) Email address, name, country of residence, phone, date of birth.
(ii) Medical history, health information, lifestyle activity.
(iii) Information shared via social media, email or text.
DEEPEN MOTION may use or otherwise infer information about your health, including information about your medical conditions or requirement, to ensure that we maintain transparency of all factors.
Client information is collected for administration purposes and will be kept confidential between both parties DEEPEN MOTION and you, ‘Client’. DEEPEN MOTION is not responsible for any technical difficulties, viruses or implications out of the business’ control, which may disclose this personal information.
The Trainer reserves the rights to take videos and photographs for marketing purposes, which may be used on social media platforms, e-commerce (emails, website) and printed marketing tools. The trainer may request a testimonial from time-to-time which may be shared publicly. The client has the right to refuse this and if you would like to request complete privacy, this can be discussed with your trainer which will then refrain from any filming during your sessions or public sharing.
DISCLAIMER
(i) Advice provided by the Trainer throughout your program will promote such information including, but not limited to; physical activity, physical homework tasks, nutritional advice and/or general wellness. This is for informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional. The individual has a choice to take on any advice given by the trainer and is responsible for the outcome. To the maximum extent permitted under Applicable Laws, DEEPEN MOTION is not responsible or liable for any loss or damage of any sort incurred by this advice.
(ii) You warrant that all medical information given by you is true and correct. To the best of your knowledge and belief, you are in good health and are not knowingly incapable of performing or engaging in exercise and that such exercise will not be detrimental to your physical safety, well-being or health condition. You agree that in the event that you have any concerns about your physical condition that you will advise Trainer immediately of your concerns as well as any change/s in your physical well-being or health condition. Consequently, it is your sole responsibility to seek medical intervention and/or advice before engaging in any exercise.
CHANGES AND UPDATES TO THE PROGRAM
DEEPEN MOTION may terminate or modify any part of your package or session at any time, within reason. DEEPEN MOTION may also revise and update these Terms of Use at any time in which the client will be notified. All such changes to the Terms of Use are effective immediately. Your continued commitment after the revised Terms of Use, constitutes your acceptance and agreement to the changes which are binding on you.
THIRD PARTY SERVICES AND CONTENT
Throughout the program, you may be asked to view content provided by third-parties, for homework tasks and development use, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, DEEPEN MOTION does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. DEEPEN MOTION is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
PAYMENT & CANCELLATION TERMS
All fees and payments must be in accordance with the DEEPEN MOTION payment terms. Fees may change based on the individual person, country of residence or depth of the program, package or session.
Payments will be made through the selected app (including but not limited to MINDBODY).
The price is listed as (AUD currency) and may vary if your country of residence is not Australia. The client must provide ‘DEEPEN MOTION’ with complete and accurate payment information.
(i)Payment:
Payment of the package or session must be made in full.
All fees and payments must be in accordance with the DEEPEN MOTION payment terms. Fees may change based on the individual person, country of residence or depth of the program, package or session.
Payments will be made through the selected app (including but not limited to MINDBODY).
If you have selected autopay, an automatic payment will be made from your requested bank account. If the payment fails to process, classes will be ceased until resolved.
(ii) Cancellation
Deepen Motion has a 12 hour cancellation policy. Cancelling your spot within the 12 hours will unfortunately forfeit your credit. If you cancel before 12 hours in line with the Deepen Motion cancellation policy, you will receive a credit that can be used towards a future class. No monetary refunds will be provided.
If you cannot attend a class, please remove yourself from the schedule, to ensure it gives others a fair chance at securing a space, especially in the event of a full class.
Life is full of unknowns, in the case of illness or a family emergency, resulting in a last minute cancellation, Deepen Motion will review your case and if applicable refund your credit.
(iv) Refund & Credit
Refunds will be issued in accordance with the cancellation policy above. Once any service or package has been purchased, Deepen Motion does not offer refunds on packages or single classes purchased. Credits may be issued in line with the DEEPEN MOTION cancellation policy.
If in the case of a refund having to be made, the client will receive the same monetary value originally paid, considering any promotional sales/ discount codes.
Credits will be issued if session has been cancelled or rescheduled in accordance with the DEEPEN MOTION cancellation policy or credited as a result of seizing a program.
If the client holds valid monies or session (hours) credits, these cannot be transferred between clients and used only for the individual.
(v) Suspension
If in an unlikely event, such as injury or unforeseen circumstances where the client cannot continue with their program, the program may be put on hold and resumed at a reasonable time. This will be determined case by case.
*This does not result in a refund of monies and is in accordance with the DEEPEN MOTION cancellation policy.