In these Terms, a reference to the following words has the meaning set out adjacent to them, unless the context in which the words are used requires otherwise:
Words denoting the singular number include the plural, and vice versa.
References to “you” or “your” are references to the Registered Member.
Words denoting any gender include all genders.
All references to “$” and “dollars” and “USD” are to the lawful currency of the United States of America. Unless otherwise stated all monetary figures are in the lawful currency of the United States of America. Sports Nutrition Group has outlined AUD equivalents in certain instances throughout to help and has also undertaken currency conversion tools on their website to enable those from other regions to view approximate currency rates.
Headings are for convenience only and do not affect interpretation.
References to clauses and sub-clauses are references to clauses and sub-clauses of these Terms.
Where any of the parties hereto comprises more than one person, any covenants, agreement, or obligation undertaken, or benefits received by virtue of these Terms, shall be undertaken, or received by all of them jointly and each of them severally.
Reference to any legislation or any section or provision thereof includes any statutory modification or re-enactment, or any statutory provision substituted including any ordinances, by-laws, regulations, or other statutory instruments issued under such legislation.
References to Sports Nutrition Group include references to each company forming the Sports Nutrition Group as the context and circumstances of these Terms require.
Other forms of defined words have corresponding meanings.
This Agreement does not create any fiduciary, employment, agency, or partnership relationship between you and any or all of the members of the Sports Nutrition Group.
Sports Nutrition Group retains absolute discretion as to whether a Registration Form that you submit is approved, and whether you are ultimately granted Accreditation and Registered Membership.
Sports Nutrition Group will inform you via email whether it has or has not approved your Registration Form.
If Sports Nutrition Group is not satisfied that:
you have obtained an appropriate level of professional qualification to receive Accreditation or become a Registered Member; or
that Accreditation and Registered Membership should be granted for any other reason,
it will provide written notice to you of its determination in this regard. However, you acknowledge that Sports Nutrition Group is under no obligation to provide you with the reasons for its decision.
Sports Nutrition Group reserves the right at its complete discretion to issue you with either a “provisional” or “open” Registered Membership, which will be based off Sports Nutrition Group’s assessment of your skills and qualifications.
Where Sports Nutrition Group has issued you with a provisional Registered Membership, you will be entitled to provide the following Services as a Registered Member:
work with low-moderate risk general population clientele only;
no work with athlete clients; and
eligible for Insurance through Sports Nutrition Group’s provider.
Where Sports Nutrition Group has issued you with an open Registered Membership, you will be entitled to provide the following Services as a Registered Member:
fully accredited by Sports Nutrition Group to practice as a sports nutritionist;
work with athletes from all sports, including low-moderate risk clientele;
eligible to enrol in further weight making accreditation programs offered by Sports Nutrition Group;
eligible to enrol in contest preparation accreditation programs offered by Sports Nutrition Group; and
eligible for Insurance through Sports Nutrition Groups’ insurance provider.
You agree that as a Registered Member you must at all times:
behave respectfully towards all other members and clients of Sports Nutrition Group;
observe all cultural and religious sensitivities of other members and clients of Sports Nutrition Group;
refrain from acting in a manner that is disruptive or may be reasonably objectionable to other members of Sports Nutrition Group; and
comply with all reasonable directions of Sports Nutrition Group regarding your conduct and etiquette generally;
provide your services and conduct yourself with due care and skill, diligence, efficiency, honesty and with integrity;
report to Sports Nutrition Group any unethical or improper behaviour of which you become aware;
comply with all Sports Nutrition Group’s codes of ethics and professional conduct, position statement on practicing standards, risk assessment and triage processes, and any other documents provided by Sports Nutrition Group in relation to the conduct of a Registered Member;
refrain from engaging in any conduct that might mislead, deceive, or confuse any person in relation to, or otherwise misrepresent, the nature, status, scope or effect of your Registered Membership or Accreditation;
refrain from delegating your Registered Membership or Accreditation, or the activities associated with Registered Membership or Accreditation, to any other person; and
refrain from copying, reproducing, or duplicating the original accreditation certificate issued to you by Sports Nutrition Group.
You acknowledge and agree that your failure to comply with the standards of behaviour as prescribed by 6(a) will entitle Sports Nutrition Group, in its sole discretion, to terminate Registered Membership by providing you with written notice of termination.
The Membership Fees required for you to become or remain a Registered Member, and to maintain your Accreditation will be notified to you:
initially at the time of submitting your Registration Form; and
subsequently on an annual basis at the time renewal of your Registered Membership becomes due.
Sports Nutrition Group reserves the right to increase Membership Fees at its discretion and, where an increase occurs, will provide you with notice of that increase prior to the renewal of your Registered Membership falling due.
If no notification is provided to you as contemplated by clauses 7.1(a)(i) or 7.1(a)(ii), the Membership Fees that you will be charged will be calculated on the following basis:
an upfront annual fee of $399.00USD/$599AUD; or
if Sports Nutrition Group has approved a monthly payment plan, a monthly fee of $39.99USD/$59.99AUD; or
You acknowledge and agree that the Membership Fee is an annual fee and, accordingly, in circumstances where you choose to cease being a Registered Member, you are still required to pay out the remainder of any annual fee due and owing.
If you have failed to complete or respond to any compulsory professional development or ongoing education module prescribed by Sports Nutrition Group in a relevant period as required by clause 9(b) and as a consequence Sports Nutrition Group are required to:
undertake additional administrative processes in order to make contact with you regarding the compulsory professional development or ongoing education, or otherwise to determine the status of your Accreditation and Membership; or
engage a third party in order to contact you regarding any of the matters in clause 8.4(e)(i),
then you acknowledge and agree that Sports Nutrition Group reserves the right at its discretion to add a reasonable administrative fee to your Membership Fee of US$20.00 per calendar month, in order to cover the additional fees incurred by Sports Nutrition Group.
The additional administrative fee as contemplated by clause 8.4(e) will be automatically applied to your next billing cycle and charged to your prescribed method of payment.
you acknowledge and agree that:
a surcharge of 2% will apply to all credit card payments that are processed by Sports Nutrition Group; and
Direct debits are subject to the Direct Debit Request and Direct Debit Agreement that you are provided by Sports Nutrition Group at the time of submitting a Registration Form, or if a third-party direct debit provider is used, the third party’s direct debit terms and conditions.
If any payment of Fees that you are required to make to Sports Nutrition Group is dishonoured and reinstatement is required, then you will be liable to pay the following:
a Dishonour Fee of $49.00USD/$73.00AUD for the Annual registration payment;
a Dishonour Fee of $15.00USD/$25.00AUD for the Monthly registration payment; and
a Reinstatement Fee of $599USD/$899AUD.
you acknowledge that the amounts referred to in 7.2(b)(ii) are a genuine estimate of the administrative fees incurred by Sports Nutrition Group in addressing a dishonoured payment and subsequently reinstating you as a Registered Member.
It is your responsibility to ensure that on each payment due date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your credit or debit card payment decline on the agreed date, Sports Nutrition Group reserves its right to continue attempts to process your payment.
If a payment is declined at the time of attempting to process the payment, Sports Nutrition Group will attempt to process the declined amount once every twenty-four (24) hours for seventy-two (72) hours (three (3) times in three (3) days).
If a payment remains outstanding and in arrears after an attempt to process that payment in the manner described at (g), a member of the Sports Nutrition Group (at its discretion) will charge you the Dishonour Fee and you agree to pay the Dishonour Fee in addition to the payment.
If you fail to pay the outstanding payment and the Dishonour Fee and any interest payable within thirty (30) days of the original declined payment, Sports Nutrition Group will cancel your Registered Membership and access to any online platform, resource or communication channel hosted by any of the Sports Nutrition Group.
If your Registered Membership is cancelled it will need to be reinstated. If you request that your Registered Membership is reinstated, you must pay all outstanding payments, Dishonour Fees, interest and the Reinstatement Fee prior to your Registered Membership being reinstated.
If a payment is declined after your Registered Membership has been reinstated, the process and consequences referred to in this clause 7.5 are repeated. If your Registered Membership is cancelled for a second time, your Registered Membership may not be reinstated, and reinstatement is at the sole discretion of Sports Nutrition Group.
Should your credit or debit card expire or be cancelled, it is your responsibility to provide Sports Nutrition Group with new card details to ensure payments continue to be successfully debited.
Sports Nutrition Group may charge interest at the rate of 12.5% per annum on any payment that remains unpaid fourteen (14) days after the payment was due.
Sports Nutrition Group reserves the right to engage external debt collection services for the collection of unpaid debts, and the right to commence legal proceedings for any outstanding amounts owed to any member of Sports Nutrition Group. You acknowledge that you will be liable for all costs and expenses involved in our recovery of unpaid debts, including legal fees on a solicitor/client basis, as well as the costs that we incur in appointing an agent or debt collection firm to recover the unpaid debt. We reserve at our discretion the right to provide any information regarding any unpaid debt or credit position to relevant credit reporting agencies.
Sports Nutrition Group’s pricing structure, payment methods, payment processes and these Terms may be amended at any given time at the Sports Nutrition Group’s reasonable discretion.
All changes will apply from the date that the amended or new Terms are posted on the website of a member of the Sports Nutrition Group or are provided to you, whichever is earlier.
You are permitted six (6) complimentary resubmissions for work or assessment following receipt of assessor feedback (Complimentary Resubmission). There is a maximum of one Complimentary Resubmission per work or assessment item.
In the event that You require an additional resubmission in respect of a work or assessment item (for example, where your resubmitted work again fails to meet a satisfactory standard), you are entitled to request a paid resubmission which will be charged at $259USD (Paid Resubmission). You are entitled to request a maximum of two Paid Resubmissions per Course.
Each Resubmission must be made within 7-days of feedback being sent to You (Resubmission Due Date).
Any submission filed after the Resubmission Due Date (including where additional submissions are required as a result of your initial submission being assessed as inadequate) will entitle Sports Nutrition Group to charge additional late submission fees as set out in 9.2(b).
Sports Nutrition Group reserves the right at any time after Your initial submission to refuse to accept a Complimentary Resubmission or a Paid Resubmission from You and to notify You that you have failed the relevant Course (Course Failure).
You acknowledge and agree that a Course Failure does not entitle you to any refund of fees that have been paid in respect of your enrolment and participation in that Course.
Subject to compliance with these Terms, Registered Membership continues until the expiry date referenced on the accreditation certificate provided to you at the time your Registered Membership is approved or as set out in the Membership Schedule.
Your Registered Membership will be automatically renewed each calendar year, subject to:
your continued compliance with the terms of this Agreement;
your satisfaction and completion of all continuing professional development and educational modules prescribed by Sports Nutrition Group within the relevant period; and
your payment of all Membership Fees.
You shall inform the Association via submission through the online member portal using the deregistration request form thirty (30) days before the end of the 12-month registration period, if you do not intend to renew your Registered Membership for the following year.
You may terminate Your Accreditation and Registered Membership at any time by giving the Association at least thirty (30) days written notice. You shall inform the Association via submission through the online member portal using the deregistration request form.
In addition to the specific right afforded at 8.5(i), the Sports Nutrition Group may suspend or terminate your Registered Membership if:
you breach any of the terms set out in this Agreement;
you require Sports Nutrition Group to act unlawfully or unethically;
the Sports Nutrition Group reasonably believes that Registered Membership is no longer appropriate; or
you fail to make Payment.
If your Registered Membership is terminated by either you or by the Sports Nutrition Group pursuant to 8.5(i) or 10.1(a), you agree that the Sports Nutrition Group is entitled to all payments that would have been due for the remainder of the current membership term at the time of termination (if any).
You acknowledge and agree that the fees payable pursuant to clause 11.1(c) account for the genuine loss that will be suffered by Sports Nutrition Group as a result of the related termination and do not constitute, and must not be construed as, a penalty.
On termination of this Agreement, you agree to promptly return (where possible) or delete or destroy (where not possible to return) all of the members of the Sports Nutrition Groups’ Confidential Information and Intellectual Property, and all documents containing or relating to all of the members of the Sports Nutrition Groups’ Confidential Information and Intellectual Property.
Any accrued rights or responsibility of you or the Sports Nutrition Group are not affected by the termination of this Agreement.
On termination of this Agreement, the members of the Sports Nutrition Group will remove your access to all Registered Membership Services including but not limited to online platforms and communication channels, face to face workshops and events and the members of the Sports Nutrition Group will not be liable for any claims related to the removal of your access to these, your Registered Membership or Accredited status.
No refund is provided if this Agreement or your Registered Membership is terminated or suspended for any reason.
Upon termination of this Agreement or your Membership with the Association for any reason pursuant to these Terms you acknowledge and agree that you must immediately cease and forever refrain (except to the extent that your Membership is renewed) from:
representing, asserting or otherwise holding out in any way that you are associated with Sports Nutrition Group;
indicating to your own customers or the public generally that you are an accredited or approved provider of services or training methods that are supported or endorsed by Sports Nutrition Group (acknowledging that such services and training methods constantly evolve and develop and the skills you obtained during your Membership may no longer be current);
representing, asserting or holding out in any other form that you are a “Sports Nutritionist” in the context of the training and certification provided by Sports Nutrition Group;
using any of the Sports Nutrition Group Intellectual Property and, in particular, any trade mark or certification trade mark of Sports Nutrition Group.
you acknowledge and agree that the above prohibitions are reasonably necessary for Sports Nutrition Group to:
protect its business and the goodwill and reputation in its business and trade marks; and
comply with its own regulatory and quality control and assurance obligations.
Without limiting any other right of termination provided in these Terms, you acknowledge and agree that Sports Nutrition Group may terminate your Registered Membership upon provision of written notice to you where you have in the reasonable opinion of Sports Nutrition Group:
engaged or are likely to engage in conduct in the course of practice that is unsafe or unethical;
breached any professional standard, including in the form of a regulation or law imposed by a Government or regulatory body, that relates to your professional practice; or
been sanctioned, charged or found to be guilty of a breach of any professional or ethical standards of practice that are imposed by a professional or regulatory body, regardless of whether related to the health and nutrition industry.
Where Sports Nutrition Group has terminated your Registered Membership as a consequence of any of the matters contemplated in 11.3(a), you acknowledge and agree that:
Sports Nutrition Group maintains a public register of Members that have had their Accreditation or Registered Membership revoked on the basis of any of the matters contemplated in 11.3(a); and
by becoming a Member of Sports Nutrition Group you are expressly consenting to your name and any other relevant information relating to your professional practice being entered into and publicly displayed in the register that is maintained by Sports Nutrition Group.
It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how the Association may use it.
All personal information that is collected by Sports Nutrition Group (including any of the individual entities comprising that group) will be collected, stored and used in accordance with the Sports Nutrition Group Privacy Policy available on the website of each Sports Nutrition Group company.
The personal information you provide during the term of this Agreement is being collected for the purpose of processing your Registration and Accreditation. You have a right to access and make alterations to your personal information.
Sports Nutrition Group agrees not to disclose your personal information to any third party unless or except:
as required for the legitimate interests of the Sports Nutrition Group business;
to the extent that the disclosure relates only to the fact that you have previously participated in programs offered by Sports Nutrition Association, that your Accreditation is either current or non-current, that you are no longer a Member of the Association, or that you are no longer affiliated with or endorsed by the Sports Nutrition Group; or
legally required to do so or to its professional advisors.
You must not make any public comment or remark that is, or is likely to be, disparaging, derogatory or harmful to Sports Nutrition Group regarding:
the nature and quality of the education services provided by Sports Nutrition Group;
the membership and association services provided by the Association; and
any of the directors, agents employees or other personnel of the Sports Nutrition Group.
Where you have a complaint or criticism you must notify Sports Nutrition Group of the complaint or criticism in writing (Complaint Notice).
Upon receipt of a Complaint Notice Sports Nutrition Group will contact you within ten (10) business days to resolve the matters the subject of the Complaint Notice.
For the avoidance of doubt this clause 13 applies only in respect of public comments or remarks as contemplated by clause 13(a). Any disputes regarding the terms of this Agreement or the performance of the obligations of the parties under this Agreement must be dealt with in accordance with clause 19.
You agree not to disclose the Confidential Information of the Sports Nutrition Group to any third party, to use all reasonable endeavours to the Confidential Information of the Sports Nutrition Group from any unauthorised disclosure, and only to use the Confidential Information for the purpose for which it was disclosed or provided by Sports Nutrition Group to You, and not for any other purpose.
The work and materials that Sports Nutrition Group provides to you in carrying out the Services contains material which is owned by or licensed to Sports Nutrition Group , or owned by third parties, and is protected by Australian and international laws (Materials). Sports Nutrition Group owns the copyright in all creative, literary and original works incorporated in the Materials that Sports Nutrition Group has created, including any sports nutrition programs, meal plans, exercise regimes, supplement programs, business plans, social media strategies and any other documents or concepts provided in either spoken or written form within the scope of your Registered Membership with Sports Nutrition Group, including those disseminated during professional development seminars.
You agree that Sports Nutrition Group owns all intellectual property rights in its Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in Sports Nutrition Group Materials, except as stated in these Terms or with Sports Nutrition Group’s written permission. Your use of Sports Nutrition Group’s Materials does not grant you a license, or act as a right of use, of any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with the Association’s written permission.
If you are provided with any Materials during your Accreditation or Registered Membership, then the copyright in these Materials shall remain vested with Sports Nutrition Group and shall only be used at Sports Nutrition Group’s discretion. You must not:
alter or modify any of the Materials;
create derivative works from the Materials; or
use Sports Nutrition Group’s Materials for commercial purposes such as on sale to third parties, without Sports Nutrition Group’s prior express written permission.
You acknowledge and agree that you must not use the Sports Nutrition Group’s Materials to create a business that is similar to that of the Sports Nutrition Group, if you do so, Sports Nutrition Group reserves the right to immediately terminate your Registered Membership and the Agreement.
Sports Nutrition Group reserves its right to pursue any loss or damage suffered as a result of copyright or Intellectual Property infringement by you or any third party.
This clause survives termination of the Agreement.
You agree to obtain and maintain the Insurance throughout the course of your Registered Membership.
The cost associated with obtaining Insurance is set by the third party provider of Sports Nutrition Group and will be notified to you at the time of obtaining that Insurance.
You agree that, should your Insurance lapse, any member of the Sports Nutrition Group may at their sole discretion and without notice to you, report the lapse to the Insurance provider, the consequence of this being your Insurance will be cancelled.
In the event that your Insurance is cancelled, Sports Nutrition Group reserves the right to cancel your Registered Membership and Accreditation.
Sports Nutrition Group may from time-to-time amend or change the required Insurance to be held by Registered Members. Sports Nutrition Group agrees to take reasonable steps to notify you of any change.
You shall obtain and maintain valid and enforceable public liability, professional indemnity insurance policies to cover any potential liabilities of:
you, in the scope of your professional duties as a sports nutritionist; and
any of the members of the Sports Nutrition Group, arising out of any breach of this Agreement, or any act or omission committed by you, as if each member was a jointly insured party under each of those policies.
For the avoidance of doubt, at the time of these Terms, the Insurance fulfils the requirements of 16(f).
You agree to, upon request, provide the Association with certificates of currency and any other evidence of your compliance with this clause 16 that the Association may reasonably require.
You are liable for and agree to indemnify, defend, and hold the Sports Nutrition Group harmless for and against any and all claims, liabilities, suits, actions, and expenses, including costs of litigation and legal costs, resulting directly or indirectly from:
any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
the Sports Nutrition Group (or an individual member) providing you with Accreditation and Registered Membership;
any breach of this Agreement; and
you delivering Services to the public.
You agree to cooperate with the Sports Nutrition Group (at your own expense) in the handling of disputes, complaints, investigations, or litigation that arise as a result of your Services including but not limited to disputes, complaints, investigations, or litigation that arises out of or relates to incorrect information you have given the Sports Nutrition Group.
The obligations under this clause will survive termination of this Agreement.
To the fullest extent permitted by law, the Sports Nutrition Group shall not be liable to You for any costs, expenses, loss of or damage to goodwill, loss of sales or business, loss, or damage (whether direct, indirect, or consequential, and whether economic or other) arising from Your Accreditation and Registered Membership, or any termination of the rights granted to You under, or otherwise in connection with, this Agreement.
The Sports Nutrition Group’s liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with this Agreement, shall at all times be limited to the amount of the Payments made by you under this Agreement.
If a dispute (Dispute) arises between the parties to this Agreement which they cannot resolve, then the party claiming that a Dispute has arisen must deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).
During the period of 10 Business Days after delivery of the Dispute Notice, or any longer period agreed in writing by the parties to the Dispute (Initial Period), the parties to the Dispute (Participants) must meet and use their reasonable endeavours and act in good faith in an attempt to resolve the Dispute.
If the Participants cannot resolve the Dispute then unless they all agree otherwise, the Participants must appoint a mediator to mediate the Dispute in accordance with the rules of the Resolution Institute. All Participants must participate in the mediation in good faith.
The mediator must be agreed on by the Participants within 10 Business Days after the Dispute Notice is given to the Participants and if they cannot agree within that time the mediator will be nominated by the president of the Resolution Institute.
The mediation concludes when:
all the Participants agree in writing on a resolution of the Dispute; or
a Participant, not earlier than 20 Business Days after appointment of the mediator, has given 5 Business Days’ notice to the other Participants and to the mediator, terminating the mediation, and that 5 Business Days has expired without all the Participants agreeing in writing on a resolution of the issue.
Unless otherwise expressly stated, all amounts stated to be payable under this document are exclusive of goods and services tax (GST). If GST is imposed on any supply made under or in accordance with this document, then the GST payable must be paid to the supplier as an additional amount by the recipient of the supply, provided the supplier provides a tax invoice in respect of the taxable supply.
If a party is entitled to be reimbursed or receive compensation for any of its costs, expenses or liabilities then the amount to be paid is to be reduced by the input tax credits to which that party is entitled to receive in relation to those amounts.
You must not assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of Sports Nutrition Group.
Neither party is liable for any breach of its obligations under this document to the extent that the breach resulted from any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps or overcome by the exercise of reasonable diligence and at a reasonable cost (including lack of supply, industrial action, fire, riot, war, embargo, civil commotion for act of God) provided that the affected party:
promptly notifies the other party of the event (with appropriate details); and
takes all reasonable steps to work around or reduce the effects of the event.
Any amendments to this Agreement must be made in writing and signed by the parties.
you agree that the Sports Nutrition Group, may use email to communicate with you and may use the email address that you provide for that purpose.
you agree to release the Sports Nutrition Group from any liability for any loss which you might incur if an email is intercepted or corrupted during transmission, or if a document which any of the members of the Sports Nutrition Group prepared for you is altered by you or any other party without the written consent of the Sports Nutrition Group.
This Agreement is governed by the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Unless this document expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under this document. To be effective any consent under this document must be in writing.
Any provision of this Agreement that is illegal, void, or unenforceable will be severed without prejudice to the balance of the provisions.
