1. Joe’s Basecamp membership terms and conditions of registration
Joe’s Basecamp gym and its face to face coaching and remote training offerings, is owned and operated by The High Pike Trading Company (ABN 57167113546) of Unit 7, 16-22 Cross St Brookvale NSW 2100, PH: 02 8084 5295.
By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
Upon registration as a Member (online or face to face), you will be provided with a member log in (face to face) or access to private online training portal (online). You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
2. Payment and Refunds
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
For members on a recurring monthly subscription, in the event of a late or failed payment, we will notify within 7 days past the due and automatically attempt to recharge the specified account. In the instance that the recharge decline, you will be charged an additional service fee of $20 AUD. After this time a representative will be in contact and may call the entire amount owed immediately. If this payment is not received, we reserve the right to suspend membership until payment is received.
Financial transactions are used via a payment gateway such as Ezidebit,Shopify or similar service. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our membership fee and other charges are in AUD and are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
When purchasing from Joe’s Basecamp, your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact firstname.lastname@example.org
To the extent permitted by law, including subject to any rights you may have under the Australian Consumer Law:
- All fees are non-refundable (and non-transferable),unless:
- during the period in which you have paid for access to our information service through this Website, the information service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at email@example.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, etc); or we agree to issue you with a refund in accordance with clause 9 below.
- You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your subscription with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
- All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in installments, you acknowledge that your account will continue to be debited on the same date each month, unless you request for cancellation.
You are able to cancel any membership with Joe’s Basecamp by providing written communication to firstname.lastname@example.org For face to face clients, we require 30 days written notice. For online and remote training clients, we require 14 days written notice, in order to suspend future automated monthly payments.
In the event the Member wishes to cancel face to face training membership within the initial 3-month membership duration, the member is still liable for the full payment of the initial 3-month membership. In the event the member wishes to cancel after the initial 3 month membership, the membership will run for 30 days from the date we receive the cancellation request (unless advised otherwise), if this dates does not align with the monthly membership payment date, the final payment will be adjusted accordingly to reflect the membership end date.
In the event that the Member is a Personal Training client, payment per session is determined by the length of time committed as per my Membership Agreement. If the Member wishes to cancel the Membership before the Membership Agreement expires, they will be liable to pay the difference between the standard session rate (as per the table below) and discounted rate per session for any sessions that have been used.
|Length of Commitment
||Standard Cost per session
|3- 5 months
|6 – 8 months
|9 – 12 months
|13 + months
Failure to attend Joe’s Basecamp or any of the classes available to me does not relieve me of my obligation to pay the full amount for the term of your membership or subscription.
A member may cancel his/her agreement within the initial 3 months without paying the full fees if they move 20km away from Joe’s Basecamp or suffer an injury that prevents them from training at Joe’s Basecamp in any form for over 3 months.
4. Conditions of Use
Exercise requires physical exertion which may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved and I have signed and executed the Joe’s Basecamp Assumption of Risk, Waiver & Liability Release, which is hereby incorporated fully into this Agreement. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. You acknowledge that you have been advised to consult with a physician prior to and regarding participation in the classes/workouts and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the classes/workouts.
You are required to complete a medical waiver and consent form prior to participating in any physical training programs by Joe’s Basecamp.
You acknowledge and understand that access to any specific coach mentioned in the website, in person, or on-line is not guaranteed.
If you are a Personal Training Member, all appointments must be scheduled directly between the coach and the client. If the client has to cancel or reschedule any previously scheduled sessions, the client must contact the coach directly at least 24 hours in advance of the scheduled appointment. If a client does not cancel or reschedule at least 24 hours in advance, Joe’s Basecamp reserves the right to charge the full fee for the personal training session. If a client fails to appear for a scheduled session, Joe’s Basecamp reserves the right to charge the full fee for the session.
You require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
- pregnant women and women who are breastfeeding or who are trying to conceive a child;
- persons with any on going physical condition such as:
- persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure,
- persons with eating disorders;
- persons with diabetes, blood pressure or cholesterol issues;
- elderly persons;
- persons recovering from or recently recovered from illness or injury; and
- persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service.
If you partake in our Climb, Ascent or Summit online training program, whilst we offer video analysis and coaching support, our services does not include any live supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the live streamed programmed workout.
In consideration of Joe’s Basecamp allowing me to participate, I acknowledge, understand and am aware that: I have voluntarily chosen to participate in training activities provided by “Joe’s Basecamp”. I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, rhabdomyolysis, fainting, heart attack and /or death.
Promotion of non Joe’s Basecamp services
Members are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Joe’s Basecamp private online training portals, or its associated forums, without written consent from Joe’s Basecamp.
5. Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks are the property of their respective owners. Nothing should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
- sharing the content of your training program and its associated products or your account with other persons;
- publishing or posting any of the content(such as recipes or exercise programs) on any other website, including on social media pages or websites;
- using the logo or trade marks of this Website
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, Joe’s Basecamp.
6. User-generated Content
Our training programs and memberships allow you to post information, photos, content, user submissions and/or upload materials to private groups and the website (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
The website and it’s associated forums and groups may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content. We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).
You will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- impersonate any person or entity;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
7. Limited Liability
Exercise requires physical exertion which may be strenuous and cause physical injury, and you are fully aware of the risks and hazards involved. You hereby represent that you are physically fit to receive and participate in the prescribed course of instruction. You acknowledge that you have been advised to consult with a physician prior to and regarding my participation in the classes/workouts and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the classes/workouts.
Notwithstanding the Joe’s Basecamp Assumption of Risk, Waiver & Liability Release, in consideration of you being permitted to participate in the classes/workouts, you for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages you may now or in the future have against Joe’s Basecamp, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes, however caused.
Release of Liability: Notwithstanding the Joe’s Basecamp Assumption of Risk, Waiver & Liability Release, you hereby release, remiss and forever discharge Joe’s Basecamp its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Joe’s Basecamp.
Hold Harmless and Indemnify: Notwithstanding the Joe’s Basecamp Assumption of Risk, Waiver & Liability Release, you will hold harmless and indemnify Joe’s Basecamp, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes.
8. Updated T&Cs
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time and will provide updates if they have the potential to adversely affect you or your membership with Joe’s Basecamp.
You understand your rights and obligations as stated above. You confirm that you are at least eighteen years old (unless otherwise indicated below) and that you have read and understood this release and waiver of liability and are aware that by agreeing to these terms you are waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against Joe’s Basecamp or its employees.