Medical & Activity Agreement

1. Term of this Agreement

This Agreement remains in place and applies in every instance where you participate in the Activity.

2. Rights of a Consumer

This Agreement does not purport to or have the effect of excluding, restricting or modifying the application of any of the provisions of the Fair Trading Act or the Trade Practices Act 1974 (Cth) or the exercise of a right of conferred by any such provision or any liability for a breach of condition or warranty implied by such provision.

3. Governing Law and Jurisdiction

This Agreement is governed by the laws of Queensland. In relation to it and related non-contractual matters each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland, and waives any right to object to the venue on any ground.

4. Agree that this Release, Waiver of Liability and Indemnity is intended to be as broad and inclusive as is permitted by the laws of Queensland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also acknowledge that I have read this Agreement and fully understand its terms, understand that I am assuming full risk of participating in the Activity and using the facilities and have/will sign this Agreement freely and voluntarily without any inducement, assurance or guarantee being made and intends my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

5. Entire Agreement

This Agreement constitutes the entire agreement between the parties and shall supersede all other negotiations, representations, proposals and agreement whether oral or written with respect to the subject matter of this Agreement.

6. Privacy Statement

6.1 This Privacy Statement sets out the Providers obtains, uses and discloses information about you. We are bound by the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000 ("the Act"). We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us. You consent to the privacy statement by signing this Agreement.

Personal Information is information about your health, your contact details, and your bank account details. The types of Personal Information generally collected by us include your name, address, mobile and telephone numbers, facsimile number and e-mail address, payment details, whether you are on any medication and other health related information that is necessary to properly advise you about fitness training. Personal Information is also collected when you provide business cards or other documentation to us containing such Personal Information. Personal Information also includes information we collect in the course of providing services to you and communications between you and us.

6.2 Any Personal Information that we collect about you will be used and disclosed by us so that we can provide you with the best training program to suit your needs. For example, we must make all of our instructors aware of information about your health, so that they can safely advise about training programs. If we were to sell our business, we may disclose your Personal Information to the purchaser of the business.

6.3 We will add your name, address, mobile and telephone numbers, facsimile number and e-mail address to our database which may be used for marketing purposes such as providing to you new offers in relation to Activities. If we retain your Personal Information, you have our commitment to your privacy.

6.4 We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent where that consent is required by law.

6.5 Subject to what is permitted by law, the types of third parties we may disclose your personal information to include, where relevant:

• credit reporting agencies;
• our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities;
• any person or organisation who introduces you to us;
• other organisations with whom we have alliances or arrangements for the purpose of promoting our respective products and services;
• any agents used by us and our business partners in administering such an arrangement or alliance;
• debt collecting agencies;
• other financial institutions;
• external payment systems operators;
• your and our insurers or prospective insurers and their underwriters;
• any person to the extent necessary, in our view in order to carry out any instruction you give to them by us;
• other organisations (including our related bodies corporate) and their agents for the marketing of specific products and services (unless you tell us not to.)

6. We use all reasonable endeavours to secure your Personal Information and to keep this information accurate and up-to-date.

7. Statement of Understanding

I represent that I am participating in the Activity voluntarily and not as a result of coercion, pressure, and or condition of employment or to satisfy anyone other than myself.

8. All Real Education current and future events

In the event of a natural disaster or “act of god” such as but not limited to, Earthquake, Explosions, Fire, Thunderbolts, Storm and Flood, the Provider is not liable for including but not limited to injury, damage or loss of property, Workshop/Seminar/Program fees, all travel cost such as airfares and transfers and all accommodation costs.

At the sole discretion of the Provider we may elect to reschedule the event, but are under no obligation to do so.