Terms & Conditions
Version 1.0 - Effective 31 July 2025
1. Definitions
* “Elevate Performance”, “we”, “our”, “us” - Elevate Performance ABN 21 406 252 967.
* “Program” - The Speed Program (including all Speed Academy, speed & agility clinics, school‑holiday programs and any related testing sessions) delivered by Elevate Performance.
* “Participant” - The person booked to attend the Program. Where the Participant is under 18 years, “Participant” also includes their Parent/Guardian.
* “Session” - Any single class, clinic or testing block forming part of the Program.
* “Booking” - A paid or otherwise confirmed enrolment in a Program or Session.
2. Bookings & Payment
2.1 All Bookings are confirmed only when full payment is received (or, where agreed in writing, a non‑refundable deposit).
2.2 We are not registered for GST; therefore, no GST is charged on Program fees.
2.3 Payment may be made via our online portal, direct bank transfer or any other method we notify you of in writing.
2.4 Late payments may result in the loss of the reserved place.
3. Cancellation, Reschedule & No‑Show Policy
3.1 Participant‑initiated cancellation
a. Cancellation greater then 7 days before the Program start date – full refund or credit.
b. Cancellation 7 to 2 days before - 50 % refund.
c. Cancellation less then 48 hours before, or non‑attendance (“no‑show”) - no refund.
3.2 Medical cancellation
If the Participant cannot attend due to illness or injury and produces a medical certificate within 72 hours of the missed Session, we will offer a credit for a future Program of equal value. No cash refunds will be given.
3.3 Transfers
A Booking may be transferred to another person up to 24 hours before the Session start, provided the replacement Participant meets all eligibility requirements and completes the required waiver.
4. Elevate Performance Cancellations and Material Changes
4.1 We reserve the right to cancel, postpone or materially change a Program (e.g. location, time, coach) for reasons including insufficient enrolments, coach illness, venue unavailability or unsafe conditions.
4.2 Where we cancel, you may choose between a full refund or credit. Where we reschedule or make a material change, you may accept the change or request a refund. These remedies are in addition to rights under the Australian Consumer Law (ACL).
5. Health & Safety Obligations
5.1 By Booking, the Participant warrants they are medically and physically fit to participate.
5.2 Participants (or Parents/Guardians) must disclose any relevant medical condition before the Program commences and update us of any changes.
5.3 Participants must follow all instructions given by Elevate Performance coaches. Failure to do so may result in removal from the Session without refund.
6. Code of Conduct
6.1 Participants must behave respectfully toward coaches, staff, other Participants and venue staff. Abusive or dangerous behaviour will not be tolerated.
6.2 Appropriate athletic clothing and footwear (football boots or runners as advised) must be worn.
6.3 Participants should arrive at least 10 minutes before the scheduled start. Late arrivals may be denied entry to ensure Program flow and safety.
7. Limitation of Liability & Indemnity
7.1 Except for non‑excludable guarantees under the ACL, we exclude all warranties and liability (including negligence) for any loss, damage, cost or expense suffered by you in connection with the Program.
7.2 Participation in speed and agility training carries inherent risks, including but not limited to muscle strains, sprains and impact injuries. By Booking, you acknowledge these risks and agree to participate (or allow your child to participate) at your own risk.
7.3 You indemnify Elevate Performance, its employees and contractors against all claims arising out of your or the Participant’s acts or omissions while attending the Program.
8. Adverse Weather and Force Majeure
8.1 Sessions proceed in light rain or heat, subject to coach discretion and adherence to Sports Medicine Australia heat guidelines.
8.2 If unsafe weather (extreme heat, lightning, severe storms) or other force‑majeure events occur, we may modify the Session, relocate indoors or reschedule. Clause 4 applies.
9. Media Release
9.1 We may photograph or film Sessions for coaching analysis and promotional purposes. By attending, you grant us the right to use images/video of the Participant in any media, worldwide, indefinitely, without compensation.
9.2 If you do not consent, notify us in writing before the Program commences.
10. Intellectual Property
All training materials, testing protocols, logos and content provided during the Program remain the intellectual property of Elevate Performance and may not be reproduced or distributed without written permission.
11. Privacy
We collect personal information solely for Program administration, safety and marketing (where consented). We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy (available on request).
12. Variation of Terms
We may amend these Terms at any time by posting the updated version on our website. The Terms in force at the time of Booking will apply to that Booking.
13. Severability
If any provision of these Terms is invalid under applicable law, the provision is severed and the remaining provisions continue in full force.
14. Governing Law
These Terms are governed by the laws of Western Australia. Any disputes shall be submitted to the courts of that State.
15. Contact
Elevate Performance
Nicholas Said - Principal Coach & Director
Email: elevateperformanceau@gmail.com
Phone: 0423 216 726
Last updated 31 July 2025
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