1. Background

1.1 These general conditions of sale apply to all transactions concluded through the websites of the Dauntless Fitness network and beyond. Any sales page or software used by Dauntless Fitness for sales transactions will provide a link to this document. This document binds the business Dauntless Fitness and its successors, transferees or related companies (Dauntless Fitness, us, our, we) and You (Client, Customer or Licensee) any natural or legal person making with the business Dauntless Fitness an order validated via our secure payment platforms, or by check or cash.

1.2 Your purchase of products or services from us and our website, and Your use of our website, is subject to these Terms. If You do not accept these Terms, You must refrain from using the website or making a purchase from the website or other location where our products and services can be purchased.

1.3 Any order placed on a site belonging to the business Dauntless Fitness or a payment, scheduling, booking or e-commerce website of a third-party that links to this document implies full and unreserved acceptance of these general conditions of sale.

2. Orders and Pricing

2.1 The prices are indicated in Australian Dollars all taxes included (at the rate of Australian GST 10%), excluding shipping and processing of your order.

2.2 The price of items can be changed at any time and clients with recurring subscriptions will be notified in writing of this pricing change and given the chance to cancel or modify their order before the pricing change happens. Otherwise, clients should reasonably expect to be charged the price displayed at the time of placing the order, and should do their due diligence in ascertaining this price and how it will be charged (on either a once-off or recurring basis.)

2.3 Payment is due immediately on the date of the order, including for pre-order products.

2.4 You can pay by credit card. Cards issued by banks domiciled outside Australia must be international bank cards (Mastercard or Visa). We do not accept American Express.

2.5 Payments must be made via the secure electronic payment gateway facilities accessible via the website and will be subject to any terms and conditions of these third party providers and, as such, payments may be processed by an agent appointed by Dauntless Fitness.

2.6 The information transmitted is encrypted by software and protected against being read during transport over required networks. Any guarantee as to the security of this system is entirely the responsibility of the agent and cannot be attributed to us.

2.7 Any confidential and private information we receive in processing Your payments under these Terms will be held and used in compliance with our Privacy Policy.

2.8 You accept that if, for any reason, you are unable to make a full payment for an order that Dauntless Fitness may immediately pause your ongoing service until full payment is made. You authorise us to retry payments that have been missed, at our discretion and at a time that is suitable to us.

3. Delivery, Rescheduling and Cancellation Policy

3.1 Our products and services are made via online platforms such as Discord, Google Sheets, Acuity Scheduling and Notion.

3.2 You accept that by placing an order with us that you may be asked to sign up to these services to facilitate the delivery of your order, you accept that this requires agreeing to the terms and conditions, privacy policies and so on that these accounts require. Your current ability to maintain an account with these various third-party services is Your sole responsibility and may affect your ability to engage with the services offered by us.

3.3 Dauntless Fitness is not responsible for outages, blockages or delisting of services after point of sale. Any and all fulfilment of services on a recurring basis is done to the best of the business' abilities and any changes in service offerings, fulfillment and software is at the discretion of Dauntless Fitness.

3.4 You agree that any rescheduling of appointments needs to be done at least 12 hours prior to the appointment, in writing. Rescheduling attempts outside of this window may only be approved at the sole discretion of Dauntless Fitness but are not guaranteed.

3.5 To cancel an appointment, you must give your trainer 24 hours notice. Failure to do so will result in the appointment being forfeited and full payment will be required before the next scheduled appointment. Direct debit payments will proceed as normal after a cancellation request for a appointment, whether it is cancelled or not.

3.6 All appointments will commence and conclude as scheduled; For example, if you are 10 minutes late for a 45 minute appointment it will only last 35 minutes.

3.7 A two (2) week notice period is required prior to the cancellation of subscription-based personal training services, whether in-person or online. This cancellation request must be submitted in writing to your trainer personally, or to Dauntless Fitness as a business through text or email. The cancellation will occur 2 weeks from the request in writing, or after 2 billing cycles of the current subscription have occurred, whichever is later.

3.8 For complimentary appointment, late cancellations will forfeit your complimentary appointment, and any further appointments will be charged at the normal rate.

3.9 We have a no refund policy for appointments that were paid up-front due to change of mind or lack of ability to attend the appointments. It is Your responsibility to assure that you are able to redeem all of the appointments within a bundled offer at the time that You purchase them.

3.10 We must give you 24 hours notice advance notice to cancel or reschedule a planned appointment. Failure from us to do so will result in You receiving a complimentary appointment of the same type and duration at no extra charge.

3.11 If Your trainer is more than 10 minutes late to Your appointment without prior written warning, you will not be charged for the appointment.

3.12 All updates to programs for ongoing clients are done on a weekly basis, and all client programs are finalised and published at our earliest convenience over the weekend days of Saturday and Sunday. Dauntless Fitness makes no guarantee as to programs being published or finalised before a client begins their training week, and you accept and acknowledge that extenuating circumstances may prevent your coach from having updated your program in a timely manner.

3.13 For program rewrite requests, or for the original writing of a new custom program for a new client, a 48 hour turnaround is to be expected from the date of the written request to edit or modify the client program.

4. Force Majeure

4.1 Dauntless Fitness will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or software services.

5. Indemnity

5.1 You agree to indemnify Dauntless Fitness and its agents and assigns, regardless of any negligence on the part of Dauntless Fitness, on a full indemnity basis, from and against any costs, liability, damage, loss, expense (including reasonable legal fees) or demand arising directly or indirectly from:

5.2 A breach of this Agreement by You; and

5.3 Any false, misleading or deceptive representation or statement made by You in respect of the Products to any person; and

5.4 To the maximum extent permitted by law, Dauntless Fitness shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to personal injury, medical expenses, lost profits, or property damage arising from or in connection with your participation in our activities, products, services, or programs.

6. Assumption of Risk

6.1 You agree that if you engage in any physical exercise or activity, including personal training, 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.

6.2 You acknowledge that this includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Dauntless Fitness or otherwise, including injuries or damages arising out of the negligence of Dauntless Fitness, whether active or passive, or any of our affiliates, employees, agents, representatives, successors, and assigns.

6.3 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, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.

6.4 You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, cricket, or any other sporting or recreational endeavour.

6.5 You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Dauntless Fitness or otherwise.

7. Release

7.1 By agreeing to these terms and placing an order with Dauntless Fitness You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Dauntless Fitness (and our affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of us, whether active or passive, or any of our affiliates, employees, agents, representatives, successors, and assigns.

7.2 This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from our or anyone else’s negligent inspection or maintenance of the facility or premises.

7.3 This liability release shall be governed by and construed in accordance with the laws of Western Australia. Any dispute arising out of or in connection with this liability release shall be subject to the exclusive jurisdiction of the courts of Western Australia.

7.4 In the event that any provision of this liability release is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

8. Legal Capacity

8.1 You must be eighteen (18) years of age or over to register as a member of the website or purchase products or services from the website.

8.2 Any Order and/or purchase made by You using this website is an acknowledgement by You that You:

8.2.1 are over the age of eighteen (18) years;

8.2.2 accept these Terms;

8.2.3 agree that You have entered into a legal contract (Agreement) with Dauntless Fitness in relation to these Terms; and

8.2.4 Dauntless Fitness reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage Dauntless Fitness may suffer as a result of a transaction entered into by a minor.

9. Guarantee

9.1 Dauntless Fitness promises a 30-day money back guarantee on all orders related to in-person fitness coaching.

9.2 This is a conditional guarantee made under the good faith argument that a customer is not happy with their results from the product offered whilst having completed all required exercise sets prescribed by their individual coach, as well as having used the built-in accountability tracker offered in their Google Sheets program.

9.3 Within the immediate 30 days following the successful order of a subscription from Dauntless Fitness the customer must complete at least 3 full weeks of their training program, logging every set of repetitions completed as well as ticking the accountability checkbox, and if they are still not satisfied with their results then they will be offered their money back for the training period they have worked with Dauntless Fitness as well as become eligible for a further 30 days of coaching for no charge.

9.4 This conditional guarantee is provided by Dauntless Fitness at their sole and absolute discretion and evaluation that the customer has fulfilled the obligation laid out in this article of the agreement.

9.5 In regards to physical products, Dauntless Fitness offers refunds for products received that are not of acceptable quality under Australian Consumer Law. Note this does not cover returns for reasons such as change of mind, or disputes about colour or make of the product if this has been covered in advance with the customer. If products do not match their product description and this has not been reasonably communicated to the customer in advance of their order then they have the full right to request a refund. Refunds will be processed within 30 days from the given request.

9.6 In regards to licensing for services related to personal training, Dauntless Fitness does not offer refunds for change of mind or inability to properly use the materials provided. Licensed materials are provided as-is and there is no guarantee of continuous updates or bug fixes in future. The licensee accepts that their ability to generate business using the materials is gated by their business acumen and sales skill, and Dauntless Fitness does not guarantee any form of business result from use of the materials. Licensed materials are charged with ’per-seat’ pricing, and it is the licensee’s responsibility to make sure Dauntless Fitness is made aware of any increases in the number of seats for the current subscription via written communication in order for Dauntless Fitness to allow access to the materials for subsequent seats. The licensee agrees by placing the order that Dauntless Fitness may update their subscription price and/or quantity at their discretion in order to update the subscription with any newly added seats. Licensee’s may cancel their order at any time and accept that this will result in the immediate cessation of access to Dauntless Fitness materials for themselves and any dependent seats covered through their subscription.

9.7 Licensed materials are the sole intellectual property of Dauntless Fitness and are allowed to be used, duplicated and shared only within the bounds of this agreement for the lifetime of the subscription. You agree to only share the materials with the advance written permission of Dauntless Fitness, using the same software and settings granted to you by Dauntless Fitness, as these include copy-protection. Any attempt to circumvent copy-protection and to duplicate written, auditory or video content without the advance written permission of Dauntless Fitness is strictly prohibited. For any edge cases or special circumstances, please contact us for our opinion on use of our intellectual property and we will be glad to assist you. After cancellation or cessation of your subscription for any reason you no longer have the right to access, use or modify any of Dauntless Fitness materials and must immediately cease use of the materials until a time you are once again an active subscriber. Outstanding payments must be paid within 14 days of them becoming overdue or Dauntless Fitness has full right to prevent your access to the licensed materials until your account is out of arrears.

10. Pausing Service

10.1 From time to time during ongoing service of a recurring coaching plan or similar service, a current client whose account is not in arrears is eligible to ask Dauntless Fitness to pause their service for a period of time not exceeding eight (8) consecutive weeks.

10.2 The client becomes eligible for this pause once they have been a paying customer for a consecutive eight (8) weeks of service, and every consecutive eight (8) weeks of service they become eligible, once again, to reset the amount of ‘paused time’ they are capable of asking for.

10.3 During this time their payments are paused and clients are not eligible to have any updates to their programming, nutrition, customer portal or other services. These updates will resume as normal once the client’s payment schedule once again becomes unpaused and current.

10.4 This article exists to allow clients the flexibility for holidays and time off training due to injury or other circumstances and paused time is not to be used to simply avoid payments or to attempt to limit the overall cost of services, or become eligible for discounts or other offers.

10.5 Clients resuming service do not qualify as ‘new’ clients for the purposes of any offer or discount.

10.6 Clients acknowledge and accept that their payments are paused at the same time as their services are paused, and release Dauntless Fitness from any obligation surrounding updates and currency of training and access to other services during the ‘paused’ period. Clients maintain a current ‘stock’ of paused time, and this time is used as they take time off, clients may take any number of weeks consecutively or non-consecutively as they wish, but the paused weeks may not total eight (8) weeks or more cumulatively without service resuming for a total of eight (8) weeks time. Should clients exceed their current amount of total paused weeks in stock, their service and payments will resume immediately.

10.7 Articles 10.1 through 10.7 are in regards to recurring coaching, either online or in-person, for training or nutrition purposes, and do not extend to licensed materials and their access.

10.8 Dauntless Fitness reserves the right to not offer the ability to pause payments to any client based on their own discretion at the time the client presents their request in writing.

11. Protection of Personal Data

11.1 In accordance with Australian Data Protection law, you have the right to access and rectify personal data concerning yourself. By adhering to these general conditions of sale, you acknowledge having read our personal data protection policy and consent to our collection and use of this data.

11.2 By entering your email address on one of our network sites, you may receive emails containing information and / or promotional offers concerning products published by the business Dauntless Fitness or by other partners. You can unsubscribe at any time by clicking on an ‘unsubscribe’ link at the end of our emails.

12. Intellectual Property Rights

12.1 For any products purchased from Dauntless Fitness the client, customer or licensee accepts that the products in question are the sole intellectual property of Dauntless Fitness and its constituents. Any duplication, direct creation of identical or semi-identical products (within reasonable doubts) or sharing of materials is strictly prohibited.

12.2 Use of licensed materials by a currently subscribed licensee is strictly covered by the conditions in Article 6 of this document and use within those conditions is considered acceptable for the purposes of intellectual property law. By placing an order with Dauntless Fitness you agree to respect their intellectual property rights and to not disclose, duplicate, share or re-create any of the materials you have access to for the lifetime of your subscription or order. All orders placed are for the sole recipient of the order and the ability to view or use the materials does not extend to anyone else unless explicitly stated by Dauntless Fitness. Any recurring subscription that ends or is cancelled also carries with it the understanding that you will immediately cease use of and attempts to access Dauntless Fitness materials unless given permission in writing.

13. Editing of Subscriptions

13.1 By using our products, services, or engaging in any subscription-based plans with Dauntless Fitness, you acknowledge and agree that, under certain circumstances, Dauntless Fitness may propose changes to your existing subscription plan or details, and you consent to allowing such changes after receiving clear communication and providing your explicit agreement.

13.2 In cases where Dauntless Fitness proposes edits to your subscription, we may seek your verbal consent over the phone or during in-person interactions. By providing your verbal agreement, you authorize Dauntless Fitness to proceed with the proposed changes to your subscription.

13.2.1 Alternatively, Dauntless Fitness may send you a written notice via email or text message outlining the proposed changes to your subscription. By responding to such communication in writing, whether through email, letter, or any other written format, and explicitly agreeing to the proposed changes, you authorize Dauntless Fitness to proceed with the edits to your subscription.

13.3 Upon seeking your verbal or written consent for subscription edits, Dauntless Fitness shall clearly outline the details of the proposed changes, the effective date of the modifications, and any other relevant information to ensure you have a full understanding of the alterations to your subscription plan.

13.4 You retain the right to decline any proposed changes to your subscription. If you do not provide explicit consent to Dauntless Fitness within a reasonable timeframe specified in the communication, Dauntless Fitness will maintain your current subscription plan without any modifications.

13.5 By continuing to use our products or services after providing verbal or written consent to the proposed changes, you acknowledge and accept the updated terms of your subscription as communicated by Dauntless Fitness.

14. Business Information

Dauntless Fitness is a business registered under Australian law, with current details on the Australian Business Register viewable by the general public.

15. Updates to These Terms

Dauntless Fitness reserves the right to review, amend, update and change these Terms and Conditions from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website. Your continued use of the website, ongoing recurring subscription, or access to any and all Dauntless Fitness materials constitute a continued agreement to these Terms and Conditions.

Article 1: Contract Term

This document is a binding agreement with Dauntless Fitness to engage in a fixed term of personal training services delivered and paid for weekly. This fixed term is based upon a total session number completed weekly over the term, and varies based on the frequency of sessions selected by the customer. The number of sessions completed is therefore twenty 26, 52, 78 or 104 over the length of the term for a session frequency of 1, 2, 3, or 4 times per week, respectively. In simple terms, this is the number of sessions a customer would complete at that frequency over a 6 month period, and this agreement can be thought of as a 6 month fixed term. The total session count is used for tracking purposes as well as for the event of pausing or upgrading service over the term, and is why the term is determined by total session count completed and not by time elapsed.

Article 2: Pricing

Regardless of the session frequency selected, the customer receives a 20% ongoing discount to their personal training subscription. The non-discounted price is determined by the current rate of week-to-week personal training sessions currently offered by Dauntless Fitness.

Article 3: Cooling Off Period

Dauntless Fitness extends a no-questions-asked 14 day Cooling Off Period to every customer who signs this agreement. If, for any reason, during the 14 days after signing this agreement the customer wishes to terminate the agreement then they may do so, without facing any additional fees or penalties. The customer is still liable for any outstanding fees or payments that they have incurred by engaging with the service during this 14 day period. The customer is then fully able to continue engaging with services on a week-to-week basis or sign a new agreement and will then be entitled to this same Cooling Off Period again.

Article 4: Pause of Service

Pausing service during a fixed-term agreement works similarly to pausing on week-to-week agreements for ease of understanding, but has some key differences. Each customer gains one week of paused service and payments per week of paid service, which reaches a cap of eight weeks. Customers may choose to pause their service at any time, for any reason, by providing a written request to Dauntless Fitness and are not entitled to service during this paused period while their payments are halted. Payments and service will be halted within 24 hours from the written request being received and not from when it is sent. Customers may choose to pause for any length of time that they have available based on the total number of weeks they have banked, and then must rebuild their paused weeks by engaging in paid weeks of service. For this fixed-term agreement, this paused period simply extends the lifetime of the agreement in accordance with he paused period, so that the customer eventually completes and pays for each of the individual sessions they are liable for under the agreement. For example, a customer who would normally have completed their fixed-term in 6 months who engaged in a one month pause would then complete their term in 7 months, still having only paid for the 6 months of unpaused service that they engaged with.

Article 5: Renegotiation

If at any point during their fixed term the customer wishes to change their level of service, this can be done and the fixed term updated by Dauntless Fitness at their sole discretion upon written request by the customer. Any change to ongoing service will be subject to the Terms and Conditions of this agreement. The updated agreement will not incur any additional fees or charges beyond the cost of the ongoing service offering and will not generate a new Cooling Off Period. Downgrades to service will extend the lifetime of the fixed term in line with the time to complete the total number of sessions agreed upon at the initial creation of the agreement.

Article 6: Other Offers

From time to time Dauntless Fitness may offer other promotions or offers to customers who are engaged in week-to-week or fixed-term agreements for ongoing personal training services. The ability for these promotions to be used on top of the discounted rate of a fixed-term offer exists at the sole discretion of Dauntless Fitness and is not guaranteed. Customers may always add additional service offerings to their account such as individual one-off sessions, coaching calls and the like at any time during their fixed term, and these additional service offerings will not affect their fixed-term.

Article 7: Termination

Customers engaging in this fixed-term agreement have signed a binding agreement with Dauntless Fitness for personal training services and as such, termination of the agreement by the customer is considered breach of agreement and requires payment of the remaining cost associated with their contract term. Customers may choose to breach their agreement at any time by providing notice in writing to Dauntless Fitness. The customer is able to engage in a payment plan that may be negotiated with Dauntless Fitness, and they may also continue to engage in a tier of service that reflects the price of their ongoing payments. Dauntless Fitness does not levy any additional fees or charges for breach of contract and once the cost of the initial fixed-term agreement is paid in full the customer may choose to leave service or engage in different service offerings at their discretion. A customer in arrears is not entitled to service until their outstanding balance is paid in full and Dauntless Fitness reserves their right to engage with legal processes and other agencies, such as debt-collection agencies, in order to recoup outstanding payments. Dauntless Fitness reserves the right to terminate ongoing fixed-term agreements at their sole discretion by providing the customer with written notice via text or email and, if terminated in this way, the customer is not liable for any outstanding cost associated with the fixed-term agreement.

Article 8: Fees and Charges

Dauntless Fitness does not levy any additional fees or charges above or beyond the cost of ongoing service offerings. The cost of ongoing personal training services is offered through a fixed-term agreement at a 20% discounted rate from the price of the week-to-week service offered at the time the agreement is signed. Customers do not need to worry about any changes to pricing during their fixed-term agreement, nor any fees or charges associated with administration, joining or termination.