User Agreement for ‘Allied Health - Level Up Your Shoulder Game’ Program

Ben Onofrio Allied Health Coaching & Consulting

The Party described in Item 1 of the Schedule. 

User Agreement

Parties

1. Ben Onofrio Allied Health Coaching & Consulting, ABN 31185434517, of Sturt St, Adelaide SA 5000
2. The party described in Item 1 of the Schedule (Participant)

Introduction

1. Ben Onofrio Allied Health Coaching & Consulting conducts a business, trading as Ben Onofrio and/or the Program described in Item 2 of the Schedule;
2. The Participant has chosen to undertake the Program described in Item 2 of the Schedule;
3. Ben Onofrio Allied Health Coaching & Consulting agrees to provide allied health coaching services to the Participant, and the Participant accepts the coaching assistance by Ben Onofrio Allied Health Coaching & Consulting, on the terms of this agreement.
4. The Participant acknowledges that they are not receiving any Physiotherapy services as part of the coaching services provided. 

Operative clauses

• Definitions

In this agreement:

Program means the program described in Item 2 of the Schedule;

• Interpretation

In this agreement, unless the context otherwise requires:

1. the Introduction is correct;

2. headings do not affect interpretation;

3. singular includes plural and plural includes singular;

4. words of one gender include any gender;

5. reference to a person includes a corporation, joint venture, association, government body, firm and any other entity;

6. reference to a party includes that party's personal representatives, successors and permitted assigns;

7. reference to a thing (including a right) includes a part of that thing;

8. reference to two or more persons means each of them individually and any two or more of them jointly;

9. a provision must not be construed against a party only because that party prepared it;

10. a provision must be read down to the extent necessary to be valid.  If it cannot be read down to that extent, it must be severed;

11. another grammatical form of a defined expression has a corresponding meaning.

• Membership and Program Fees

1. Programs: Under the terms of this Agreement, Ben Onofrio Allied Health Coaching & Consulting agrees to provide allied health coaching services to the Participant in the form of Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to Item 3 of the Schedule. Your access to such Programs is made conditional on payment of such Program Fee.

2. Term: The Term of this Agreement will commence upon the Participants acceptance of this Agreement and payment of the applicable Program Fee. The Participant agrees and understands that upon commencement of the Term of this Agreement, you will become enrolled in the Program.

3. Program Fees: By accepting the terms of this Agreement, the Participant agrees and understands that they are committing to pay Ben Onofrio Allied Health Coaching & Consulting the Program Fee for the Program and thereafter ongoing access to the curriculum for your future reference. Program Fees will be determined according to Item 3 of the Schedule

4. Refunds: Ben Onofrio Allied Health Coaching & Consulting abides by a strict refund policy. The Participant is entitled to a full refund if it is less than 10 days since purchase, and they have only accessed the ‘Start Here’ module of the program. Beyond this, Ben Onofrio Allied Health Coaching & Consulting abides by a strict no refund policy. By accepting the terms of this Agreement, the Participant agrees and understands that they are foregoing the right to claim any refund of fees paid for access and use of the Program(s), unless the Participant requests a refund within 10 days, and have accessed no more than the ‘Start Here’ module offered by Ben Onofrio Allied Health Coaching & Consulting. 

The Participant further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), the Participant is taking full responsibility for THEIR OWN success. Thus, the Participant agrees that they will not request a refund outside of the refund policy terms. 

• No Warranties

1. Success not Guaranteed: By accepting the terms of this Agreement, the Participant agrees and understands that Ben Onofrio Allied Health Coaching & Consulting provides Program(s) related to allied health coaching only and guarantees no specific results. The Participant takes full responsibility for THEIR own success.

• Confidentiality

1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Ben Onofrio Allied Health Coaching & Consulting by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, the Participant shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

2. Intellectual Property: The Participant acknowledges that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of Ben Onofrio Allied Health Coaching & Consulting under Australian copyright, trademark and other intellectual property laws and international treaties. The Participant further acknowledges and agrees that, as between the Participant and Ben Onofrio Allied Health Coaching & Consulting, Ben Onofrio Allied Health Coaching & Consulting and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to the Participant herein, this Agreement does not grant the Participant any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of Ben Onofrio Allied Health Coaching & Consulting, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Ben Onofrio Allied Health Coaching & Consulting uses in connection with services rendered by Ben Onofrio Allied Health Coaching & Consulting are marks owned by Ben Onofrio Allied Health Coaching & Consulting. This Agreement does not grant the Participant any right, license, or interest in such marks, and the Participant shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

• Miscellaneous

1. Non transferability: The rights and obligations under this Agreement are personal to the Participant. The Participant may not assign or transfer any rights or obligations under this Agreement. 

2. Indemnification: The Participant will, at their own expense, defend, indemnify, and hold Ben Onofrio Allied Health Coaching & Consulting its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement. 

• Governing law

1. This agreement is governed by the laws of South Australia.

2. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them.

3. No party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction. 

BY SIGNING BELOW, THE PARTICIPANT ACKNOWLEDGES THAT THEY UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING (IF ANY), REFUND POLICY, AND CONFIDENTIALITY.