PRIVACY POLICY

Introduction

1. HardBody Fitness, Inc., (Annette Taylor we, us) is committed to protecting the information about you that we collect, store and use when you provide it to us on our website: https://www.hardbodyfitness.net/ (Site).

2. We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and so in accordance with this Act, we are compliant with its requirements in respect of the collection, management and disclosure of your personal information.

3. We also uphold your rights to privacy if you are based in the United States, in accordance with the General Data Protection Regulation (GDPR) (EU). Your rights under the GDPR are listed below.

4. If you do not wish to provide personal information to us, then you do not have to do so. However, this may affect your use of this Site or any products and services offered on it.

What is your personal information?

5. When used in this privacy policy, the term “personal information” has the meaning given to it in the Privacy Act and GDPR. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

6. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

7. Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

What information may we collect from you?

8. Grace Lever may collect the following personal information from you:

1. name;

2. current mailing or residential address;

3. email address;

4. telephone number;

5. age or birth date; and

6. profession or occupation.

9. We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:

1. to provide our services to you;

2. to send communications requested by you;

3. to answer enquiries and provide information or advice about existing and new services;

4. to provide you with access to protected areas of our website; and

5. to comply with any Law, rule, regulation, Lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.

How do we collect your personal information?

10. We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

1. when you make an enquiry about our services;

2. through your access and use of our website, including when you register as a member of our website;

3. during conversations between you and our representatives;

4. when you ask to be placed on one of our subscription/mailing lists; or

5. when you become a client or customer of ours or otherwise use our products or services.

What happens if we can’t collect your personal information?

11. If you do not provide us with the personal information described above, some or all of the following may happen:

1. we may not be able to provide our products or services to you, either to the same standard or at all;

2. we may not be able to provide you with information about services that you may want, including information about special promotions; or

3. we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as enjoyable or useful.

Site User Tracking Experience

12. We may use tracking software to review and improve your experience of our Site. In particular, we may use Facebook, click funnels, Infusionsoft and Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s Site at https://tools.google.com/dlpage/gaoptout/.

Cookies

13. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of services you view so that, if you consent, we can send you news about those services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate.

14. We use this to research our users’ habits so that we can improve our online services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

Security

15. As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

16. We provide links to websites outside of our website, as well as to third party websites (such as social media sites). These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that websites and its privacy policy. Third party websites are responsible for informing you about their own privacy practices.

Groups and forums

17. If you participate in a discussion forum, chat room or webinar, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside HardBody Fitness Inc, who have access to that discussion forum or chat room. Also, please recognise that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of HardBody Fitness Inc.

18. Please be advised that for any forums or Webinars you attend, recordings can be enabled by a meeting or webinar host. By signing up for any of HardBody Fitness Inc’s, or any other host authorised by HardBody Fitness Inc  webinar services or otherwise using them in any way, including without limitation by attending any  HardBody Fitness Inc. meeting or webinar, you expressly acknowledge that we may make and store Recordings for meetings or webinars, and may make such recordings available to hosts and other Attendees at the direction of HardBody Fitness Inc. If you do not want to be recorded, you can choose to leave the meeting or webinar.

To whom will HardBody Fitness Inc disclose my personal information?

19. We may disclose your personal information to:

1. our employees, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

2. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and

3. any other organization for any authorised purpose with your express consent.

20. We only disclose this information if the third party has agreed to comply with the standards in our Privacy Policy.

21. If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at Law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Direct marketing materials

22. We may send you direct marketing communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing Laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

23. We do not provide your personal information to other organisations for the purposes of direct marketing.

Security and data quality

24. We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

25. We strive to ensure the security, integrity and privacy of personal information that you submit to us through our website. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

26. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

27. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by Law to retain it (whichever is the later).

How long do you retain my personal data for?

28. We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

29. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

30. By Law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years for Australian tax Law purposes.

31. In some circumstances you can ask us to delete your data; see your legal rights below for further information.

32. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If I am based in the EU, what are my legal rights under the GDPR?

33. If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection Laws in relation to your personal data:

1. The right to be informed – that’s an obligation on us to inform you how we use your personal data;

2. The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;

3. The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;

4. The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);

5. The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;

6. The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);

7. The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and

8. Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

34. These rights are subject to certain rules around when you can exercise them.

35. If you wish to exercise any of the rights set out above, please contact us at ask@gracelever.com.

How can you access and correct your personal information?

36. You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

37. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

38. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

How can you withdraw your consent to this privacy policy?

39. You may withdraw your consent to this privacy policy at any point. If you wish to withdraw your consent to our collection and retention of your data, please contact our Data Protection Officer at annette@hardbodyfitness.net and we can arrange for your data to be deleted.

40. You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

41. To unsubscribe from our e-mail database, or opt out of any communications, please contact us at the email address listed at the start of the Privacy Policy, with “Unsubscribe” in the subject line of the e-mail.

What is the process for complaining about a breach of privacy?

42. If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or GDPR, if applicable).

Contacting us

43. If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your Data Protection Officer using the details set out below. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

44. Please contact our Data Protection Officer by email on annette@hardbodyfitness.net.

Changes to our privacy policy

45. We may change this privacy policy from time to time, however we will notify you of any changes to our privacy policy. Any updated versions of this privacy policy will be posted on our website and will be effective from the date of posting.

46. This privacy policy was last updated on 24 March 2019.

TERMS AND CONDITIONS

Welcome to www.hardbodyfitness.net (our Site).

This Site gives you an opportunity to browse and purchase products and services offered by HardBody Fitness Inc.©, we, us.

These Terms and Conditions (Terms) govern your use of this Site, as well as HardBody Fitness Inc.’s Copyrighted Materials, products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact HardBody Fitness Inc.© at annette@hardbodyfitness.net if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
HardBody Fitness Inc’s products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether you register as a member, or purchasing tickets to attend any HardBody Fitness Inc. Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
  2. 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 Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at annette@hardbodyfitness.net and immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

  1. All HardBody Fitness Inc. products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
  2. HardBody Fitness Inc. provides support, guidance and tools for you to set goals, determine priorities and achieve results, 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 dedication, participation, desire, and motivation.
  3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  4. You acknowledge and agree that HardBody Fitness Inc., its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

EARNINGS AND INCOME DISCLAIMER

  1. HardBody Fitness Inc. cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
  2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS

  1. Before you purchase our products and/or services, you must register an account with us.
  • You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
  • We may at any time request a form of identification to verify your identity.
  • If you are a Copyrighted user or member to this Site, you acknowledge and agree that:
  1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  2. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  3. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
  4. You will immediately notify us if your Password is lost or becomes known to any other person
  5. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
  6. Any information you provide to us for posting or inclusion in any or on our HardBody Fitness Inc. entities, website, or Communities ie HardBody Fitness FB page and group, HardBodyFITTCoach Community, HardBodyFittCoach YouTube Channel at any time, becomes our property.
  7. To the extent that you provide personal information, HardBody Fitness Inc. will treat such information strictly in accordance with its Privacy Policy.
  • You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your Copyrighted details.
  • Where a member service is for one user only, you will not let any other person use your Password or any Copyrighted user or member services.

YOUR OBLIGATIONS

  1. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (HardBody Fitness Inc. Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our annette@hardbodyfitness.net Community any of the following:
  2. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
  3. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age or disability.
  4. Information that includes personal or identifying information about another person without that person’s consent.
  5. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
  6. Any information or content that impersonates any person or entity.
  7. Any material, non-public information about companies without authorization to do so.
  8. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  • By posting or otherwise publishing Your Content on our Site or HardBody Fitness Inc. Community, you:
  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
  2. Warrant that you have the right to grant the above licenses;
  3. Warrant that Your Content does not breach these Terms; and
  4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • We reserve the right (but have no obligation) to:
  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

  1. Our Site and HardBody Fitness Inc. Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
  • Whilst using this Site and/or our HardBody Fitness Inc. Community, we ask that you not:
  1. Contact anyone who has asked not to be contacted.
  2. Collect personal data about other users for commercial or unlawful purposes.
  3. Infringe other user’s privacy rights.
  4. Violate the intellectual property of others.
  5. Post anything that contains software viruses, worms or any other harmful code; or
  6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
  • Please see our annette@hardbodyfitness.net Community Guidelines in the appendix to these Terms for more information.

CONFIDENTIALITY

  1. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other HardBody Fitness Inc. product and/or services participants (Participants) and representatives of HardBody Fitness Inc..
  • You agree:
  1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
  2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
  3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
  4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
  • While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADE MARK NOTICES

  1. All material on this Site, in our annette@hardbodyfitness.net Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. 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.
  1. HardBody Fitness Inc.©, HardBody Fitness Holistic Health Institute, ©, HardBody Fitness Personal Training and Nutrition©, The Kaleidoscope Effect©, 365 Day Health Is Wealth Recovery Challenge, 30 Day Kitchen Nutrition©, 90 Day Transformation Challenge©, 180 Day Turn-Around Challenge©, Anchor Healing©, EBB & FLOW Energy Re-Alignment© Energy 101© TimeLine Therapy are all Copyrighted/andor uncopyrighted and owned by HardBody Fitness Inc. and are licensed exclusively to HardBody Fitness Inc.  O. BOX 142, Layton, Utah 84041. The trademarks, logos, and service marks displayed on our Site are the Copyrighted and/or unCopyrighted trademarks of HardBody Fitness Inc.©. The trademarks whether Copyrighted or unCopyrighted, may not be used in connection with any product or service that does not belong to HardBody Fitness Inc.©, in any manner that is likely to cause confusion with customers, or in any manner that disparages HardBody Fitness Inc.©.
  2. Nothing contained on this Site or in our HardBody Fitness Inc.© Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
  3. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that HardBody Fitness Inc.© will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND, TERMINATE AND REFUND

Product or Service

Recommended Retail Price (in US dollars) *

Duration

Cancellation

Refund

365 Day Health Is Wealth Challenge©

$10,000

72 weeks 1 full year)

NO REFUND

30 day Doing Guarantee**

 

180 Day Turn-Around Challenge©

$5,000

24 weeks (180 Days)

NO REFUND

30 day Doing Guarantee

90 Day Transformation Challenge©

$2,700

3 Months (90 days)

NO REFUND

30 day Doing Guarantee

 

30 Day Kitchen Nutrition Challenge©

$880.00

30 Days

NO REFUND

n/a

The Kaleidoscope Effect Life Coaching Program©

$2500

12 Months

NO REFUND

n/a

Anchor Clearing©

$250.00

n/a

NO REFUND

n/a

Energy 101 Course©

$550

n/a

NO REFUND

N/A

EBB & FLOW Energy Re-Alignment©

$2000

n/a

NO REFUND

 

TimeLine Therapy ©

$150

n/a

NO REFUND

N/A

  1. We reserve the right to suspend or terminate your use of the Site, the
  2. HardBody Fitness Inc.© Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.
  3. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our HardBody Fitness Inc.© Community, whether accessed by you or not, unlesswe are in breach of the United States Consumer Law.
  4. FINANCIAL TERMS

           The cost, cancellation and refund, if any, details of our products and services are set out below:

All Sales are Final.  

Invoices for any HardBody Fitness Inc.© program are automatically generated and can be requested at any time by emailing annette@hardbodyfitness.net. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
  2. If payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without need for notification at a future date.
  3. Where another agent or enterprise is debiting funds pursuant to an arrangement entered with us, you also affirm the same rights and undertakings explained in these Terms to them.
  4. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
  5. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
  6. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
  7. We endeavor to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
  8. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
  9. From time to time, HardBody Fitness Inc.© may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

DOERS INNER CIRCLE AND DOING DAYS

  1. For the purpose of the paragraphs below, workshops, other presentations and retreats hosted by HardBody Fitness Inc.© will be referred to as ‘Events’.
  2. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
  3. HardBody Fitness Inc.© reserves the right to exclude you from any Event should you, in Annette Taylor or HardBody Fitness Inc. company sole determination, become disruptive.
  4. You understand and acknowledge that HardBody Fitness Inc. and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by HardBody Fitness Inc.
  5. You hereby waive any and all legal rights you may have against HardBody Fitness Inc. in respect of Recordings of your participation in the event and grant to HardBody Fitness Inc. the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
  6. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
  7. You hereby release, discharge and agree to hold harmless HardBody Fitness Inc. from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
  8. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
  9. In the unlikely event that HardBody Fitness Inc. cancels an Event, you will receive a full refund of the purchase price paid for the Event. HardBody Fitness Inc. will not reimburse any optional expenses including but not limited to flights and accommodation.
  10. Some product payment may be paid in one payment or on a monthly payment plan. The payment will be taken automatically from the nominated credit card on the same date of each month. Event tickets are non-refundable and a commitment to a payment plan is in place until the full payment is successfully completed. Event tickets are transferable via written notice to annette@hardbodyfitness.net at least 14 days before the event date. The date of event tickets can be moved to a future retreat with 14 days written notice to annette@hardbodyfitness.net before the original event date however future schedules cannot be confirmed and may be a number of months from the original date. There is a 10% change fee of the total event ticket that applies for changing the event date.
  11. Payments made by credit card will be automatically processed on the monthly due date. If the credit card bounces for any reason, attempts to charge will be made in the following days/weeks. If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency at your cost.
  12. At our discretion, the HardBody Fitness Inc. team may hand-pick a client to move from the 3-day retreat program in to a more personalized one-on-one program that is conducted via Skype and custom-builds. Skype training and strategy sessions take place over a two-week period (rather than 3 days) to ensure maximum results and customization of the funnel. Details on the program will be notified in writing and your acceptance will be confirmed before the program is transferred from the 3-day group retreat to the more intimate one-on-one personal program. No additional costs will be required for this change of program roll-out.
  • Event tickets are not refundable but are transferrable via written notice to annette@hardbodyfitness.net up to 48 hours prior to the event.
  1. No-shows will be charged the full fee after the event regardless of the lack of attendance to cover the expenses invested to reserve their seat.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the United States Consumer Law.
  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, annette@hardbodyfitness.net Community or Our Content.
  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of or reliance upon this Site, HardBody Fitness Holistic Health Institute Community or Our Content.
  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
  5. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
  6. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records.
  7. Accessing websites or servers maintained by other organizations through links on our Site, HardBody Fitness Holistic Health Institute or HardBody Fitness Inc. Community or products or services. Links are provided for convenience only. We do not endorse linked websites, nor their products and services and you access them at your own risk.
  8. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, HardBody Fitness Inc. Community or through use of our products or services.

AFFILIATE DISCLOSURE

  1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our annette@hardbodyfitness.net Community.

NO ASSIGNMENT

  1. You cannot transfer or assign your HardBody Fitness Inc. membership in any program without annette@hardbodyfitness.net’s prior written consent.
  2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
  2. In the case of claims against us, all notices are to be provided to annette@hardbodyfitness.net.
  3. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
  4. Once a mediator is appointed, the parties agree that:
    1. The costs of the mediator shall be borne equally between the disputing parties.
    2. The chosen mediator shall determine the procedures for mediation.
    3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
  5. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
  6. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
  7. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
  8. This clause survives termination of these Terms.

APPLICABLE LAW

  1. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
  2. If you have questions or comments regarding this Site, or HardBody Fitness Inc. products or services, please email us at annette@hardbodyfitness.net.

Company Details

HardBody Fitness Inc.©, HardBody Fitness Holistic Health Institute, ©, HardBody Fitness Personal Training and Nutrition©, The Kaleidoscope Effect©, 365 Day Health Is Wealth Recovery Challenge, 30 Day Kitchen Nutrition©, 90 Day Transformation Challenge©, 180 Day Turn-Around Challenge©,  Anchor Healing©, EBB & FLOW Energy Re-Alignment© Energy 101© TimeLine Therapy are all Copyrighted/andor uncopyrighted and owned by HardBody Fitness Inc. and are licensed exclusively to HardBody Fitness Inc.  P.O. BOX 142, Layton, Utah 84041.  
Country: United States
Telephone Number: 801-603-7381
Email: annette@hardbodyfitness.net

APPENDIX

COMMUNITY GUIDELINES

We have community members of all skill and experience levels, from college students to entrepreneurs to multi-million-dollar business owners.

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
  • Respect confidentiality
    Content gathered in our HardBody Fitness Inc. Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean HardBody Fitness Inc. © endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, HardBody Fitness Inc. reserves the right to remove you from the Facebook group that the offending behavior has occurred within.