Terms and Conditions

Purchasing Agreement

1.         Preamble

The following provides the terms, policies, procedures and conditions to be adhered to by the parties in the Purchase of the Program. 

By purchasing the Program the Purchaser agrees to all of the following terms and conditions, subject to the rights granted to the Purchaser by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by Evennett.

The Purchase of the Programs is subject to the following terms and conditions. Customers are advised to review these terms and conditions carefully before making the Purchase.

2.         Definitions

2.1      For the purpose of this Agreement these following definitions apply;

(a)       “Evennett” refers to the author of the Programs, Scott Evennett as well as Evennett Pty Ltd and its Affiliates;

(b)       “Purchaser” refers to those seeking to purchase the Programs and those who have purchased the Programs and who by purchasing, accepts these terms and conditions;

(c)        “Program (A)” refers to the individual designed program;

(d)       “Program (B)” refers to the generic program;

(e)       “Program” refers to either Program (A), Program (B) or both;

(f)         “Affiliates” refers to any of Evennett’s associated entities defined in the Corporations Act 2001 (Cth);

(g)       “Intellectual Property” refers to all of Evennett’s proprietary rights and interests including but not limited to copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth).

(h)       “Medical Practitioners” refers to “a person whose primary employment role is to diagnose physical and mental illnesses, disorders and injuries and prescribe medications and treatments that promote or restore good health” defined by the Australian Institute of Health and Welfare.

3.         Eligibility

3.1.     The Purchaser guarantees that they are the age of 15 or over.

3.2.     Purchasers between the ages of 15–17 seeking to purchase Program (A) must be entered into the purchase by their Parent or Guardian.

3.3.     Purchasers between the ages of 15–17 seeking to Purchase Program (A) without being entered into the Purchase by their Parent or Guardian will not be delivered the Program.

3.4.     Parents or Guardians of Purchasers between the ages of 15–17 acknowledge that by entering into the Purchase on behalf of the Purchaser, that they understand this agreement and give consent for the Purchaser to undertake the activities stipulated in the Program.

4.         Medical and Nutritional Disclaimer

4.1.     Evennett are not medical practitioners and as such Evennett does not and cannot provide the Purchaser with medical assistance in any form. The Purchaser is solely responsible for their health and wellbeing and Evennett encourages the Purchaser to seek out qualified medical advice prior to purchasing the Program. The Program does not contain medical advice or assistance and should not be interpreted as medical advice or assistance.

4.2.     By purchasing the Program the Purchaser acknowledges that Evennett and its affiliates have not provided medical advice and the use of such programs are at the sole risk of the purchaser. 

4.3.     Evennett is not an accredited Nutritionist or Dietician, however the Program has been designed strictly on the advice of an accredited nutritionist and dietician pursuant to the NSW Fitness Industry Code of Practice.

4.4.     By purchasing the Program the Purchaser acknowledges clause 4.3 and also accepts that it is the sole responsibility of the Purchaser for any individual dietary requirements to be adhered to by the Purchaser.

4.5.     Evennett advises that the Program is not suited for people with serious medical conditions, minors under the age of 15 and is not formulated to provide adequate nutrition for pregnant women.

5.         Non-Distribution

5.1.     The Program is the Intellectual Property of Evennett. Evennett does not give the Purchaser permission for the distribution of the Program of any kind without the express consent of Evennett. To do so would be a violation of Evennett’s proprietary rights pursuant to the Copyright Act 1966 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth) and Patents Act 1990 (Cth).

5.2.     By purchasing the Program the Purchaser acknowledges that if they are found to violate Evennett’s proprietary rights, Evennett may seek appropriate damages resultant from the violation.

6.         Payment Policy

6.1.     By purchasing the Program ("the Purchase") the Purchaser agrees to:

(a)       pay using a valid credit card (or other form of payment as Evennett may allow);

(b)       provide Evennett with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of Evennett’s rights and remedies if it is discovered or believed that any information provided by the Purchaser is inaccurate or not complete;

(c)       pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the Costs"); and

(d)       pay the Costs in Australian Dollars (AUD $) unless otherwise indicated.

(e)       pay for the Program, fully acknowledging that Evennett strictly enforces a ‘no refund’ policy on its Program.

6.2.     Payment Policy for Program (A)

6.2.1.      The Purchaser may make payment upfront to Evennett on the Purchase of Program (A).

6.2.2.      On upfront payment of Program (A) the Purchaser will be provided with the full 12 week program. 

6.2.3.      Payment may alternatively be made by direct debit in 3 separate and equal installments (“Installment Structure”) over 12 weeks.

6.2.4.      An installment will be debited immediately on the Purchase of Program (A) (“Purchase Date”). A second installment will be debited after a period of four (4) weeks after the Purchase Date. The final installment will be debited after another period of four (4) weeks after the Second installment was debited.

6.2.5.      By opting for the Installment Structure in the Purchase of Program (A), the Purchaser accepts that they will be provided with one third of the program immediately after each direct debit accumulating to the full 12 week program on the accumulated full payment of Program (A).

6.2.6.      The Installment Structure may only be varied on written agreement between the Purchaser and Evennett. 

6.2.7.      By opting for the Installment Structure in the Purchase of Program (A) the Purchaser accepts to be bound by the Installment Structure until the end of the 12 weeks.

6.3.     Payment Policy for Program (B)

6.3.1.      The Purchaser must make payment upfront to Evennett on the Purchase of the Program (B).

6.3.2.      On full payment of Program (B) the Purchaser will then receive Program (B).

7.         Upgrade Procedure

7.1.     If the Purchaser wishes to upgrade their Purchase from Program (B) to Program (A) then the Purchaser agrees to:

(a)       pay Evennett the Purchase price of Program (A) upfront; or

(b)       pay Evennett the first payment of the Installment Structure and then be bound by the payment policy for Program (A) stipulated in (Paragraph 6.2.4.) from the time of upgrade onwards.

7.2.     Any payments made from Program (B) will not be credited to the Purchase of Program (A).

7.3.     The same policy applies for Purchasers wishing to exchange policies from Program (A) to Program (B).

8.         Indemnity

8.1.      The Purchaser agrees to indemnify Evennett to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that Evennett may incur or suffer as a result of the Purchasers improper or illegal use of the Program and/or from the Purchasers breach of any of the Terms and Conditions and/or any facilitation or support by the Purchaser of a third party causing any loss or damage to Evennett.

8.2.     The Purchaser agrees to indemnify Evennett for any claims, losses, liabilities, costs or expenses ("Losses") incurred by Evennett, that the Purchaser may cause, or contribute to.

9.         Delivery

9.1.     The delivery of the Program is strictly based online.

9.2.     The Purchaser will receive the Program by email, to the email address stipulated in the payment instructions (pursuant to paragraph 6.1(b)).

9.3.     The Program will only be sent to the one nominated email address.

9.4.     If the Purchaser has not received the Program to the stipulated email address after payment or installment, then the Purchaser may email Evennett on info@evennett.com.au and provide details as to why they may have not received the Program.

9.5.     By purchasing the Program the Purchaser accepts that it is at Evennett’s discretion to accept the details that the Purchaser has provided and then re-send the Program to the amended email address.

10.      No Guarantee

10.1. By purchasing the Program the Purchaser accepts that the outcome of using the Program is solely dependent on the Purchaser.

10.2. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by Evennett, the Purchaser accepts that Evennett does not guarantee its results and does not purport to guarantee its results.

11.      Non Inclusion

11.1. By purchasing the Program the Purchaser accepts that the Program is limited to meal plans, exercise regimes and other activities stipulated throughout the particulars of the Program.

11.2. The Purchaser accepts all foods stipulated throughout the Program is not included as part of the Purchase. The Purchaser accepts that all foods must be independently sourced by the Purchaser.


Evennett Immersion Event

Registration Fee

1.     I agree to pay a registration fee to Evennett Pty Ltd which entitles me to participate in the Evennett Pty Ltd ‘Immersion’ event to which this registration relates, on the terms and conditions set out below.

Refund of Registration Fee

2.     Subject to clause 3, I agree that after I pay the registration fee I shall not be entitled to a refund of the registration fee.  

3.     I acknowledge that Evennett Pty Ltd may, in its sole discretion, delay, modify, cancel and change the date of a Evennett Pty Ltd ‘Immersion event. If Evennett Pty Ltd cancels a Evennett Pty Ltd ‘Immersion’ event due to unforeseen circumstances, then Evennett Pty may, in its discretion, provide a refund or a partial refund of the registration fee to me.

Exclusion of liability – General and Including Personal Injury and Damage to Property

4.     To the maximum extent permissible by law, I hereby release Evennett Pty Ltd, it’s officers, employees and agents and each of them from any liability whatsoever arising from or connected with my participation in any Evennett Pty Ltd ‘Immersion’ event.

Exclusion of Liability – Consequential Loss

5.     I agree that Evennett Pty Ltd shall not be liable for any loss whatsoever that I may suffer as a result (whether directly or indirectly) from any delay, cancellation or change of date of an Evennett Pty Ltd ‘Immersion’ event.  

6.     The releases in clause 4 and 5 are not intended to affect any liability Evennett Pty Ltd may have under the consumer guarantees (to the extent that they apply) set out in the Australian Consumer Law.

Indemnity

7.     I hereby agree to indemnify Evennett Pty Ltd, its officers, employees and agents and each of them against any claims made against them by any other participant in an Evennett Pty Ltd ‘Immersion’ event where such claims arise from (whether directly or indirectly) my participation in or my actions or omissions (whether negligent or otherwise) during an Evennett Pty Ltd ‘Immersion’ event.

Risk and Physical Preparedness

8.     I understand and acknowledge that participating in a Evennett Pty Ltd ‘Immersion’ event is a physically and mentally arduous and potentially dangerous activity which involves the risk of serious injury and/or death.  

9.     I acknowledge that in addition to the general risk of serious injury and/or death to which I may be exposed as set out in the preceding paragraph, I may specifically be exposed to the following risks:

a.    smoke inhalation;

b.    injury resulting from falls, including from falls at height;

c.     concussion;

d.    cuts and abrasions;

e.    burns;

f.      fractures;

g.     dislocations;

h.    confined spaces;

i.      heights;

j.      water;

k.     extreme cold and heat and cold and heat related illnesses including but not limited to hypothermia, hyperthermia and sunstroke;

l.      inclement weather;

m.   isolation;

n.    vehicle accident; and

o.    physical exertion and exhaustion generally.

 

  10.  I acknowledge that the above list of potential risks is not intended to be exhaustive.  

11.  I acknowledge and warrant that I am in good health and in proper physical condition to safely participate in an Evennett Pty Ltd ‘Immersion’ event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in an Evennett Pty Ltd ‘Immersion’ event, or that would result in my participation creating a risk of danger to myself or to others.

Event Rules

12.   I agree to abide by all written and/or posted rules of Evennett Pty Ltd, as well as all written and/or posted rules of the venue.  I further agree to comply with all directions, instructions and decisions of Evennett Pty Ltd, its employees and agents and venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.  

13.  I agree that Evennett Pty Ltd and venue personnel may immediately remove from the event anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind. 

14.  I warrant that I am not, and on the date of the Evennett Pty Ltd ‘Immersion’ event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the Evennett Pty Ltd ‘Immersion’ event.  I further acknowledge that alcohol consumption following the event is discouraged by Evennett Pty Ltd and I take full responsibility for any decision to consume alcohol at that time.  

15.  I specifically acknowledge and agree to abide by the following rules:

a.    no urination or defecation is permitted outside of designated areas;

b.    no wheeled conveyances or pets are allowed in the Course at any time;

c.     no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and

d.    obey civil and criminal laws including traffic laws.  

16.  I certify that I am or will be of at least 18 years of age by the date of the Evennett Pty Ltd ‘Immersion’ event. If I am not 18 years of age by the date of the Evennett Pty Ltd ‘Immersion’ event I acknowledge that I must obtain the consent of my parent or legal guardian to participate in the Evennett Pty Ltd ‘Immersion’ event before doing so.

Image Capture

17.  I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured or taken during the Evennett Pty Ltd ‘Immersion’ event by Evennett Pty Ltd, its employees, affiliated entities or contractors become the sole property of Evennett Pty Ltd.  I grant the right, permission and authority to Evennett Pty Ltd to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legal purpose, including but not limited to promoting, advertising, and marketing activities.  I further acknowledge and agree that Evennett Pty Ltd, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.

 

 

Name: ____________________

 

Sign: ____________________

(Guardian to sign if under 18years of age) 

 

Date: ____________________