Company Running Course Application

PART A

Introduction 

1. ______________________________, (the "You/Your")

of ______________________________, hereby  apply to have Connect Physio Mobile Pty Ltd ABN 59 667 649 998 (the "Company") provide services to me as described below ("Services").  The Applicant agrees to pay fees for the Services as determined under PART B of this Application. 

2. You provide the following further particulars:

(a) Your email address: ______________________________; and

(b) Your mobile phone number: ______________________________.

You consent to being contacted, as necessary, and receiving notices and invoices by means of email and mobile phone (including SMS) at the email address and phone number provided to the Company (or at such substitute email address and phone number as advised by the Applicant in writing).

3. The meanings of certain words and expressions used in this document are set out within it. 

Declaration

4. You:

(a) agree and acknowledge your use of the Services, like other physical activities carries a degree of risk and danger, which you acknowledge;

(b) warrant and represent that you are fully able to undertake strenuous physical activities and do not have any health issues, medical conditions or physical disabilities, which could result in your suffering any harm if you utilise our Services;

(c) acknowledge and agree that the provisions of the Terms and Conditions ("Terms and Conditions") in PART C below, apply to the provision of the Services;

(d) acknowledge and agree you have read and understood PART B and PART C below and You agrees to comply with the provisions of them; 

(e) declare the information given by You to us is true and correct and that the Company will rely on that information and this declaration in relation to the Services provided to You; and

(f) acknowledge and agree that if we agree to provide the Services, an agreement between You and the Company for the provision of the Services shall come into effect upon the terms set out in this Application (and until this Application is accepted or the Services are provided, no agreement between the parties will come into effect). 

PART B

Services and Fees

5. You seek to  utilise the services  listed in the Schedule below ("Services"):

Schedule of Services: 2 Day Running Accelerator Course and Community

Fee Per Class: US$96

6. The Company reserves the right to provide the Services in such manner as it determines to be applicable having regard to Your needs.  The benefits of the Services will depend upon the way in which you use the Services, Your level of personal fitness and Your physical capabilities.  As a consequence, the Company will not be liable for any claim of any kind in relation to the outcome of Your utilising our Services.

Cancellations and Fees

7. Fees for all Services are payable at the time of purchase by means of a credit card or debit card (or other means the Company accepts).  

8. If You are not completely satisfied with the Services, you can obtain a full refund of the monies paid by you for the Services by contacting the Company by email within 7 days of your payment.  No refunds will be provided unless such request is received within that time.

PART C

Terms and Conditions

9. You must observe, and must ensure you comply with all of the directions and information the subject of the Services and do so in a manner that is not likely to cause you harm or put you at any risk.

10. If any of these Terms and Conditions are found to be unenforceable the offending part is severed without effect on the remaining conditions.

Exclusions and Limitations of Liability

11. Points 12 to 14 inclusive contain exclusions and limitations of the liability of the Company and the Company's personnel.  

12. The exclusion and limitations do not apply in any case where the law does not permit those exclusions and limitations to apply, such as the Competition and Consumer Act 2010 (Cth) (the "CCA") the Civil Liability Act 2002 (NSW) (“CLA”) or otherwise. 

13. Where the Company provides Services which constitute or contain "recreational services" as defined in the CLA (which include sporting activities or similar leisure time pursuits), to the maximum extent permitted by the CLA, the Company excludes all liability for death or personal injury arising out of the provisions of "recreational services".

14. Where liability cannot be excluded, the Company's liability is limited to the maximum extent permitted by law. 

Interpretation

15. Words importing the singular number include the plural and vice versa, words importing a person include a corporation and vice versa and each gender includes every other gender.

16. Reference to any Legislation includes all amendments to that Legislation whether by subsequent statute or otherwise and a statute or ordinance passed in substitution for that Legislation.

17. Except where otherwise expressly stated to the contrary, a reference to a party includes any administrator, successor or permitted assignee of a party.

18. The agreement made between the Applicant and the Company pursuant to your requesting the Company to provide services constitutes the entire agreement between us in respect of everything connected with the subject matter of our agreement and supersedes all prior agreements, understandings, representations and negotiations in relation to those matters.