Wimp2Warrior Terms and Conditions
Publish Date: December 17, 2018
Full Terms and Conditions
In these terms and conditions:
‘W2W’, ‘we’, ‘us’, ‘our’ means Wimp2Warrior Pty Ltd (ABN 72 163 057 565)
‘you’, ‘your’, ‘customer’, ‘competitor’ means the person or organization or entity using the website, or applying for, or participating in a Wimp2Warrior program.
‘Program’ means each individual part of, or all of the program offered by, Wimp2Warrior Licensees, including the selection and tryout processes, and the finales.
‘Wimp2Warrior Licensees’ means those fight gyms licensed by Wimp2Warrior to run the program. Wimp2Warrior Licensees are screened and chosen selectively for their coaching knowledge, philosophy, and commitment to the Wimp2Warrior family values.
‘Other Websites’ means websites owned, operated, or run by third parties.
‘Our Website’ means the websites owned, operated, or run by Wimp2Warrior. ‘Wimp2Warrior Nutrition Guidelines’ means the nutrition advice provided by Wimp2Warrior.
Use and Participation
By using Our Website, submitting inquiries, accepting invitations to and/or participating in the Program (tryouts, training, fight camp or the finale), you are accepting these terms and conditions in full. If you do not accept these terms and conditions, then please do not use Our Website, submit inquiries or accept invitations to and/or participate in the Program (tryouts, training, fight camp or the finale).
Links to Other Websites
We may provide links to Other Websites through Our Website. Please note that these websites are owned and/or operated by third parties. As a result, we have no control over the content, functionality, performance or non-performance of these websites. Just because we are providing a link to the third-party website does not mean we endorse or support these third-party websites. All use of these websites is at your own risk, and you should assess the risk prior to using those websites and by reviewing their terms and conditions and privacy policies.
The coaches will assess all attendees to the tryouts. They will decide who is successful from the tryouts. The decision will be based upon your application, previous experience, and your ability to take direction and not give up in the tryouts. The coaches’ decision is final, and no correspondence will be entered into regarding their decision. The coaches’ decision usually takes place within a week of the tryout occurring.
Invitation to Participate
Once the coaches have decided who were successful in the tryouts, the successful competitors will be forwarded a further email inviting them to sign up for the Program. At this point, if you are successful, you need to make the decision to commit to the Program or not. Once you reach this point, we are committing to you for the 20 weeks, and we expect the same commitment in return.
Price and Payment
Prices vary slightly depending upon your location and the Wimp2Warrior Licensee. Prices will also change depending upon how many payments you would like to break it into.
Current pricing can be found here: Wimp2Warrior Associated Costs
The price for your series will be notified to you in all the email communications about your series, so you will know how much it costs before you have to commit to tryouts, or the series. Generally, if successful at tryouts, you will be asked to pay an initial deposit, and then you have the option of paying the balance in one or more instalments. If you choose the multiple instalment option, then you will pay slightly more.
Your Program fees cover the full 22 week training program with high level coaching, access to the training facility for the duration of your sessions, nutritional advice (online program) for the final two months of the program, full kit of MMA equipment which includes rash guard, shorts, shin guards, gloves and hand wraps, plus access to our personalised online training community. This works out at less than $14 per gym session once the costs of the uniform, equipment and nutrition plan are deducted.
With the Wimp2Warrior program being recognized by the International Mixed Martial Arts Federation (IMMAF), each person taking part in our program will also receive a one-year membership to their national IMMAF federation. This will enable anyone wishing to continue training, as well as competing, the ability to do so under the IMMAF banner, and ultimately if they choose to dedicate themselves to the sport, compete on a national and even international stage with the honour of representing their country in the world championships.
Payment will generally be made online, through Our secure online payment gateway. We do not hold any credit card information submitted through our payment gateway. If credit card information is submitted, this is encrypted and directly exchanged with the payment gateway who will store it securely. The payment gateway will tokenize your details, which means they will pass us a token that allows us, and only us, to process future payments against those stored details. Any partner we use will comply with the PCI-DSS credit card data security industry standards. Where possible we will process your instalment options automatically. You agree that where possible, your payment instalment options chosen will be processed automatically by us on the date advised when choosing that payment option. If not possible, we will send you an invoice, with a link for you to pay the invoice through Pay Pal (or another gateway provider). You agree to pay the invoice promptly when the invoice is due.
If payment is not made on time, then we reserve the right to offer your place in the Program to someone else or to remove you from the Program. We will charge you a late payment fee for a failed payment and, where possible, continue to debit your nominated account without notice until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by contacting you through the provided contact details (this could be email or telephone).
Offer, Acceptance and Binding Contract
If we have invited you to take a place in the Program, you do not have to accept this offer. Once you have accepted the offer (invitation), then a binding contract exists between you and Wimp2Warrior, and the fees and the 22 weeks are the minimum fees and term required to be paid for, even if you choose not to turn up. As MMA is a contact sport, you will need to complete a waiver of liability form from us and from the Wimp2Warrior Licensee before being allowed to take part. These waivers form part of your acceptance of the offer.
You will need to factor in additional costs yourself such as additional Wimp2Warrior merchandise if desired, training gear, a mouth guard, medical clearance prior to your fight and registration with your local combat authority. If you want people to come and watch you fight at the finale, then there will be costs for those tickets.
Refunds, Cancellation and the Competition and Consumer Act
Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:
Our services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major problem meeting a consumer guarantee and for compensation for any other reasonably foreseeable loss or damage. You must give us an opportunity to fix any minor problems in meeting a consumer guarantee within a reasonable time. If we refuse to fix the problem, or take too long, you can get someone else to deliver the service and ask us to pay reasonable costs; or cancel the contract and get some or all of your money refunded.
Due to the limited number of places in a Wimp2Warrior Program, there are limited circumstances in which you can get a refund after you have accepted the invitation (i.e. if you change your mind):
Under the Competition and Consumer Act, we guarantee our recreational services are
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (recreational services) Regulations 2004.
Merchandise and Ticket Sales
From time to time, we may offer merchandise for sale from our website or through our email communications. Subject to Australian Consumer Law, we will at our discretion accept or reject orders as they are received, depending upon a variety of factors such as availability of the ordered products (especially if a limited release) and our ability to validate payment for the merchandise.
Please choose your products carefully as refunds can only be offered on faulty or damaged goods. There are no refunds for change of mind.
From time to time, we may offer tickets to the series finale for sale from our website or through email communications, or through the Wimp2Warrior Licensee. There will be different classifications of tickets sold, based on seating position and inclusions. There will be a limited number of tickets in each classification available. These tickets will be sold on a first come, first served basis. When classifications of tickets are exhausted then, unfortunately, no further orders for tickets in that classification will be fulfilled.
Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:
"Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
Wimp2Warrior Family Code
Everyone who participates in a Wimp2Warrior Program becomes part of the extended Wimp2Warrior family. And just like any family, we like to take care of our own, so we have a few ground rules in place to ensure that everyone is healthy, and treated fairly and with respect.
The minimum age for a competitor is 18 years of age. Unfortunately, if you are younger you are unable to participate in our Program.
On the day you accept our offer, and each time you participate in the Wimp2Warrior Program, you promise us that you are in good physical condition, and you know of no medical or other reason why you cannot or should not do active or passive exercise.
Despite our expert coaching experience, our staff and the Wimp2Warrior licensee’s staff are not medically trained (with the exception of first aid). They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. You will be pushed in the Wimp2Warrior Program. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
You will also need to clear a medical check prior to being able to compete at your finale. You will be assisted in organizing the medical check by the Wimp2Warrior Licensee, but the cost of the clearance will be yours.
MMA is a sport founded in discipline and respect. The ethos of the Wimp2Warrior family wholly supports and demands discipline and respect from the competitors. We expect you to follow the disciplines set down by your coaches and show respect to all involved in the Program, whether they are coaches or other competitors. Good natured banter between teams and opponents is allowed, but you must not behave inappropriately towards other competitors, our staff or the Wimp2Warrior Licensee staff including outside providers. Examples of inappropriate behavior include verbal or physical intimidation, harassment, and discrimination on the basis of race, sex, age or any disability another person may have.
We can refuse access or entry to anyone if they act unreasonably or break the code. If your behavior does not correspond with the Wimp2Warrior family ethos, we will talk to you about this. We can cancel your participation in the Wimp2Warrior Program without warning if you behave in a way that is risky or seriously inappropriate, such as: threatening or harassing others, damaging equipment, using illegal or performance-enhancing drugs, instructing others when we have not authorized you to do so as that could put other competitors at risk. If your behavior warrants such action, there is no compensation due to you for the cancellation of your Wimp2Warrior Program access.
Responsibilities of Each Party
We are responsible for the collection of payment and facilitation of the disbursement of that payment to the Wimp2Warrior Licensee in order to provide your Wimp2Warrior Program.
We are responsible for the concept and general structure of the Wimp2Warrior Program, and the guidelines by which it operates. However, it should be noted that individual Wimp2Warrior Licensee coaches will have different skills and experience and may vary in their emphasis given to particular MMA skills during the Program.
We are responsible for the selection of the Wimp2Warrior Licensees and making sure that they have up-to-date qualifications and insurance.
Wherever we can, we will help you to resolve issues with any Wimp2Warrior Licensee. However, we require you to have attempted to resolve the matter with the Wimp2Warrior Licensee before the matter is escalated to us.
We are responsible for maintaining an online community for the Wimp2Warrior family.
Wimp2Warrior Licensee Responsibilities
The Wimp2Warrior Licensee is responsible for providing the Wimp2Warrior Program to you. This includes, but is not limited to, providing access to the facilities and coaches.
Training times will be set by the Wimp2Warrior Licensee and the Coaches. There is no way to change the time of the Program once this is set by the Wimp2Warrior Licensee.
Wimp2Warrior Licensee is responsible for following the guidelines provided by us, which includes, but is not limited to, the standard of the facilities, the ratio of coaches to competitors, square metres of mat space per competitor, and First Aid requirements.
The Wimp2Warrior Licensee is responsible for instructing you in the correct methods of the techniques that they are teaching you.
The Wimp2Warrior Licensee is responsible for answering and resolving any queries or issues that you may have with the Program. If your query or issue cannot be resolved, then it can be escalated to us.
In addition to your responsibilities listed throughout these Terms and Conditions, you are responsible for
Limitation, Indemnity and Disclaimer
Liability: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including Australian Consumer Law. Nothing in these Terms affects your statutory rights, including your rights relating to the consumer guarantees applicable to the supply of services under these Terms.
Subject to these Terms and your statutory rights under applicable law, Wimp2Warrior will in no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of Our Website or Program (including the use, inability to use, reliance on, or the results of use of the Program or Our Website) for (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of anticipated savings; (d) or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions; (e) any indirect, incidental, special, exemplary, punitive or consequential damages or loss; even if Wimp2Warrior has been advised of the possibility of such damages or loss. Wimp2Warrior shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall Wimp2Warrior’s liability to you in connection with the use of Our Website or participation in the Program for all damages and losses exceed the value of the Charges, or $2,500 whichever is lower.
Indemnity: You agree to indemnify and hold Wimp2Warrior and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, arising out of or in connection with: (a) your use of the Our Website or participation in the Program, or services or goods obtained through your use of Our Website or participation in the Program; (b) your breach or violation of any of these Terms, or the terms and policies it incorporates by reference; (c) Wimp2Warrior’s use of your likeness, image, sounds and video; (d) your violation of the rights of any third party, including Wimp2Warrior Licensees; (e) your violation of any law.
Disclaimer: Our Website and the Program are provided “as is” and “as available.” Subject to applicable law, Wimp2Warrior disclaims all representations and warranties, statutory, express or implied not expressly set out in these Terms, including the implied warranties of merchantability, and fitness for a particular purpose. In addition, Wimp2Warrior makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of Our Website or the Program or any products or services requested through the use of Our Website or the Program, or that access to Our Website or the Program will be uninterrupted, or error-free. Despite the compliance checks in place, Wimp2Warrior does not guarantee the quality, suitability, safety, or ability of Wimp2Warrior Licensees. You acknowledge and agree that the entire risk arising out of use of Our Website and the Program, and anything in connection with such use, remains solely with you.
A failure or delay in enforcing compliance with any of these Terms or Condition shall not be a waiver of that Term or Condition, or any other Terms and Conditions in this document. The express rights and remedies provided in these Terms and Conditions do not exclude any other rights and remedies provided by law. This Agreement shall in all respects be governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the New South Wales, Australia, Courts.
Any failure to insist upon strict performance of a Term or Condition is not a waiver of any existing or future rights relating to that Term or Condition for any party.
If a court decides that any provision of these Terms and Conditions is invalid or unenforceable, then that Term or Condition will be deleted from the Terms and Conditions. The rest of the Terms and Conditions will remain as valid and enforceable.
These Terms and Conditions are the entire agreement between the parties in relation to the Wimip2Warrior website, program, finale or anything else, and supersedes all other representations and agreements between the parties.
These Terms and Conditions are subject to Australian law and the jurisdiction of the NSW, Australia, Courts.
Changes to Terms and Conditions
We reserve the right to vary these Terms and Conditions as we see fit. Therefore, please check back here regularly and prior to purchasing anything in order to make sure you are up to date with the latest version. We can vary T&C’s at any time up until you agree to participate in the program, or purchase something. The T&C’s applicable to you will be the version published at the time you used Our Website, or, accepted our offer to participate in the Program.
You Cannot Assign or Transfer
Given the nature of the selection process and the program, you cannot assign or transfer your rights to participate in the program to anyone.
We can sub-contract our obligations to someone else without notice. If we do transfer our obligations, we are still responsible for ensuring those obligations are met.
No guarantee of results, especially given the nature of the challenge at hand. We can only guarantee that if you embrace the program wholeheartedly, you will feel different at the end of it.
GST, Value-added or Sales Taxes
When advised, your fees will include GST or local value-added or sales taxes. However, fees may change in line with any government GST, value-added or sales tax rate changes.
“Cardio that's actually fun.” -Mitch Wicklund