BodyFabulous Terms & Conditions

TERMS PURCHASE AGREEEMENT

BACKGROUND

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING OR USING ANY BODYFABULOUS PROGRAMS by Dahlas Fletcher. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website, attend our sessions or join our private Facebook community

BodyFabulous / Dahlas Fletcher (ABN 3123 023 8063) provides pregnancy and postpartum fitness and wellness training support products for pre and postnatal women.
The services and products provided by BodyFabulous have been created with a deep intention to provide development support to prenatal and postpartum women by certified and experienced trainer and mentor, Dahlas Fletcher.
You can purchase a range of pregnancy and postpartum fitness and wellness service packages to meet individual client needs via this website.
This Purchase Agreement (Agreement) forms a binding contractual agreement between you, the Purchaser, and BodyFabulous. 

These Terms of this Agreement are important, and you should ensure that you read them carefully and contact BodyFabulous email at info<at>bodyfabulous.com.au if you have any questions before purchasing our Products and Services. 

This Agreement constitutes the entire and only agreement between the purchaser (you) and BodyFabulous (us) and supersedes all prior agreements, conduct, representations, and understandings.

We value your personal information and will not share your information without your express consent. Please view our Privacy Policy in full here

By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.

ACCEPTANCE of TERMS 
By accessing, downloading or using the Products and Services offered on our site, you agree to be bound by these Terms, which you acknowledge that you have read and understood. 
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the website will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.

MEDICAL DISCLAIMER

All of the information on this site assumes that the person, pregnant, pregnant and post natal woman is in good physical and mental health, and that her pregnancy or health is without risk factors or complications. BodyFabulous website and video content is for informational purposes only and is not intended to offer medical advice, or replace the recommendations of your Doctor, Midwife, Physical Therapist or Medical Practitioner. Always consult your Doctor before beginning any exercise program online or in person. BodyFabulous / Dahlas Fletcher will not be held responsible in anyway for circumstances, conditions or injuries that result directly or indirectly from information provided.

Medical registration form must be completed or agreed to prior to attending any group, 1:1 or virutal group sessions. See further details below. If medical conditions arise during any sessions please advise Dahlas / BodyFabulous immediately.

SERVICES and PACKAGES
The BFAB METHOD & other online BodyFabulous programs with a monthly, 6 month 12 month or Lifetime access (pending your offer) are designed to help women exercise safely and effectively during pregnancy postpartum and motherhood using online video + live workouts, nutritional guidance and online mentoring.

IMPORTANT for all 6 MONTH AND ANNUAL MEMBERSHIP SUBSCRIPTIONS : Please mark in your diary the DATE you joined the program As confirmed in the Terms and Conditions at checkout when you joined 6 or 12 months from now, this is a SUBSCRIPTION program the payments will automatically roll over for another 12 or 6months from YOUR date of purchase. This means you will automatically stay a member AT THE VALUE price that you joined – if you are happy with that just let it roll on !

Alternatively if you don’t wish to hang out with BodyFabulous for another 6 or 12 months – we totally get it ! We are happy to move you to the MONTHLY SUBSCRIPTION – this will be the monthly subscription price that is offered at that time. As a monthly subscriber you can cancel at any time. To move to monthly or to CANCEL your membership WHEN YOUR 6 or 12 MONTH period is nearly over PLEASE EMAIL INFO {at} BODYFABULOUS.COM.AU and we will happily sort out what you prefer. 72 hours notice is preferred for any subscription changes and cancellations so can allow for the processing time so you avoid the next debit. An email reconfirming all these options is sent to all members when joining the membership to advise this is your responsibility.

Bodyfabulous Group Pregnancy and Postpartum face to face group sessions are provided in 5- 8 week blocks as a live group session. These exercise sessions are designed to ensure women exercise safely and effectively during and after pregnancy under the guide of Certified Pregnancy and Postpartum Coach Dahlas Fletcher. To attend any group or 1:1 sessions a full medical registration form must be completed 3 days prior to attending the first session – if any client is deemed to have any contraindications to exercise a Doctor’s clearance letter will be requested prior to commencing.

PRICING and PAYMENT
Current price and packages for all online programs and face to face group programs are as listed via the website link provided in Payment Cart or Invoice provided. A separate price list is emailed for 1:1 personal coaching confirming all prices prior to sessions being booked.
All prices include GST for accounts with a registered Australian address. All prices are currently in AUD – Australian dollars.
BodyFabulous reserves the right to change fees and charges at any time without notice. Please check the website link provided for updated fees and charges. Additional charges will be incurred if online payments are declined or not received at time of billing.
All credit payments are required to be made online via PayPal or Stripe via secure payment checkout gateway. 1:1 coaching sessions are to be paid via the due date on the invoice provided or BodyFabulous reserves the right to charge a late fee.

SESSION & PROGRAM TERMS :

  • All participants must not have any prenatal or postpartum contraindications to exercise. Live sessions time and venue is subject to change pending number of registrations, the venue’s lease discretion, and health, weather and safety concerns.
  • BodyFabulous medical clearance registration form must be completed prior to attending any in person pregnancy or postpartum group session block, medical clearance for any online or in person exercise programs is essential prior to commencement.
  • Each week of face to face group fitness programs will build on the week prior as part of the block purchased. Therefore, sessions are prepaid upfront and are non-refundable or transferable to different dates. Make-up sessions are also not offered to ensure the safety of all participants
  • Face to Face sessions run in set date / term blocks and when they become available as an existing member you are welcome to book into the next block.
  • A member or client of any program it is recommended BodyFabulous // Dahlas Fletchers email address is saved as “whitelisted” or to your address book so important information about your purchased program can be communicated. BodyFabulous is not responsible if you unsubscribe from emails and / or if emails go to Spam and communication is not received.
  • Refunds only provided in the unfortunate situation of miscarriage and injury preventing continuation of sessions– Dr letter must be provided. See further details below.

ONLINE PAYMENT SECURITY 
Credit card details of all account holders may be retained by the payment gateway, integrated into our e-commerce platform, 10xpro.io and our email marketing provider Active Campaign.
To receive the online content and value of the BodyFabulous AND to maintain the rate at which you signed up, you must maintain an active membership. Your account can not be put on hold, for you can cancel at anytime with 72 hours notice (and choose to sign back up at a later date).

REFUNDS
Online programs – You understand and agree, due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010. You can however cancel your access to the program at any time.

The BodyFabulous online programs including the BFABMETHOD have success path and modules to follow to ensure and you will learn to move in a safe and effective way and build consistency. If you show BodyFabulous that you have completed all the lessons, followed all the workouts plus read and completed the workbook actionable items, and you still haven’t seen an improvement in your wellbeing, energy and deep core then BodyFabulous will refund your money – provided it is within 10 days of the program start date. Full refund is provided if pregnancy loss occurs during the course – a Doctors letter must be provided as per pt.4

Monthly membership subscriptions to the BFAB METHOD can be cancelled at any time. Please provide 72 hours notice for processing. Please refer to important note above for 6 month and annual subscription details.

Prior to payment of any program please ensure you are aware of the online program access date (yearly, monthly or lifetime) from the date of purchase or upgrade from date of purchase before agreeing to payment of your program.

Group or Live or Face to Face sessions – upfront payment is required at the start of each term block for group sessions. Refund is only provided if pregnancy loss or injury inhibiting attendance occurs during the course / program – a Doctors letter must be provided. Refund amount will be calculated on the remaining sessions available for attendance. Refunds of group sessions will not be provide if an environmental, or “act of God” occurs, for example pandemic, cyclone or flood. However if circumstances allow for it make up sessions, will be offered at a later date or sessions continued as virtual sessions.

See full refund details listed on invoices provided for 1:1 / personal training sessions.

RIGHT TO TERMINATE 
BodyFabulous reserves the right to terminate your use of the Site, Social Media Access, Sesssion Access and Services generally if you breach these terms, as determined by us in our sole discretion.

LICENSE
Upon purchase of any product or service under this Agreement, including but not limited to eBooks, Workbook, Videos and all PDF downloads (Our Content) BodyFabulous grants the purchaser a perpetual, worldwide, restricted, and non-exclusive license for use of such content for personal use only.

RESTRICTIONS
All materials produced by BodyFabulous are not for reproduction or use as a training tool in your own workshops or communities or for distribution to and use by your clients without the express permission in writing from BodyFabulous.
An application for permission to use any materials or content may be submitted to email info<at>bodyfabulous.com.au

COPYRIGHT AND INTELLECTUAL PROPERTY (Trademarks)
All material on this Site or otherwise delivered by BodyFabulous including (but not limited to) eBooks, videos, graphics, (Our Content), photos are subject to copyright. 
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site or in person by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by BodyFabulous for The BodyFabulous, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. 
You acknowledge that you do not acquire any ownership rights by using the Site or our content. 
The trademarks, logos, business name and service marks displayed on our Site are the registered or unregistered trademarks of BodyFabulous and BFAB METHOD
The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to BodyFabulous and BFAB METHOD in any manner that is likely to cause confusion with customers, or in any manner that disparages BodyFabulous.
Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission. 
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that BodyFabulous will be entitled to seek injunction relief if such steps are necessary to prevent violations of its intellectual property rights.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.

PRIVACY
The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

GENERAL DISCLAIMER 
All BodyFabulous products and services are intended for general education and information purposes only. 
BodyFabulous provides Pregnancy and Postpartum wellness and exercise support, guidance and workouts, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. 
Your success depends on many factors, including your personal health, wellness background and application. 
Any testimonials and examples of our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. 
You acknowledge and agree that BodyFabulous, its employees and representatives are not responsible for decisions that you may make, BodyFabulous website and video content is for informational purposes only and is not intended to offer medical advice, or replace the recommendations of your Doctor, Midwife, Physical Therapist or Medical Practitioner. Always consult your Doctor before beginning any exercise program and continue to seek medical advice if conditions persist. BodyFabulous / Dahlas Fletcher will not be held responsible in anyway for circumstances, conditions or injuries that result directly or indirectly from information provided.

DISPUTE RESOLUTION 
Should a dispute arise between us, we strongly encourage you to contact BodyFabulous at info <at>bodyfabulous.com.au to seek a resolution. 
Any reasonable requests will be considered and BodyFabulous will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, Paypal, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HERE-UNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

APPLICABLE LAW 
These Terms shall be construed in accordance with and governed by the laws of the State of Queensland, Australia. 
You consent to the exclusive jurisdiction of the courts in Queensland, Australia to determine any matter or dispute which arises between you and BodyFabulous.
By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

www.bodyfabulous.com.au www.bfabmethod.com

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