The Health Club
Membership Agreement
Supporting Balance Health Club Terms & Conditions
Last Updated: January 26, 2024
1. Introduction
It is very important that you read this document carefully before you sign it.
By signing this Membership Agreement, you are entering into a legally binding contract, so please consider carefully whether this Agreement is right for you and contact us before you sign if you have any concerns.
If anything in this Membership Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations. We encourage you to negotiate any clause of this Agreement which feels unfair to you.
The intention of the Health Club is to give you an opportunity to continue learning and optimising results following a 1:1 consultation with a Supporting Balance consultant in a supportive community environment. It is also designed to provide a way for you to connect with other like-minded people and to collectively focus on one topic or focus area per month to help with improving your lifestyle or health related habits.
The Health Club is a good fit for those who want to take small regular steps on the journey to better health, and who are open to implementing the RCP in their day-to-day life. In other words, the Health Club is for you, if you want to improve your health, not just talk about it.
Membership is only open to those who have had a consult with one of our Supporting Balance team members.
We welcome constructive feedback as an opportunity to review and improve our practices. Please feel free to contact us at support@supportingbalance.com.au to discuss any issues that arise.
a) The Parties
This Membership Agreement is between:
Us / Supporting Balance
Supporting Balance Pty Ltd
Director: Kristan Kershaw
ABN: 68 622 592 812
Address: PO Box 6995, Mount Crosby, Queensland, 4306, Australia
Email for Correspondence: hello@supportingbalance.com.au
Facebook page: https://www.facebook.com/SupportingBalance/
AND
You, the Member.
You provided your details in the Karta online form that you completed during the check-out process when you enrolled in the membership.
By enrolling in the membership, you agree to be bound by the terms of this Agreement.
2. Definitions
The following words have these meanings in this Membership Agreement:
Facebook Group means The Health Club by Supporting Balance (“The Health Club”). This is a private group available only to members. Posts made in the group cannot be seen or shared with anyone outside the group.
GST means goods and services tax or similar value added tax levied or imposed in Australia pursuant to the GST Act or otherwise on a supply.
GST Act means a New Tax System (Goods and Trading Tax) Act 1999 or any amending or replacement legislation.
Intellectual Property Rights means all statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, methods, database rights and all other intellectual property rights.
The Root Cause Protocol (RCP) means the protocol researched and created by Morley Robbins. It is a lifestyle program which has a list of items to stop, and items to start that are implemented with a goal to bring nutrient recycling and function back to those who are out of balance. Most of us are out of balance, so the nutrients from the RCP this is designed to support us on our journey to find what our bodies may need as key building blocks from a nourishment and stress management perspective.
RCPCs means Root Cause Protocol Consultants from the Supporting Balance team. You must have completed at least one consultation with an RCPC to be eligible to join the membership.
3. Contact
As a member, you will be invited to join our private Facebook group, The Health Club:
http://www.facebook.com/groups/sbhealthclub/
Posts made in The Health Club cannot be seen or shared with anyone outside the group.
If you need to contact a team member directly, our preferred method of contact is email. Please email hello@supportingbalance.com.au. If we haven’t replied within 2 business days, feel free to send a gentle nudge reply to your original email.
Please note that as there is a team of people supporting The Health Club, the best way to connect with us is via a question in the group itself, or an email, rather than private messages to any of the team.
4. Membership commitment
The Health Club is an ongoing membership, and you can join at any time. You may choose to renew your membership either month-to-month, or at 6 monthly intervals.
We strongly encourage you to commit to at least 3 months’ membership to have the best chance of utilising the resources. It is likely to take you a while to familiarise yourself with the content available and absorb the information we provide. Then, once you start implementing the suggestions, it can take time before you see any effects. There is no such thing as a magic wand or a quick fix. It is common to not even recognise that positive changes are occurring at first, so you will need to give yourself a chance to integrate your new habits before you can look back and assess the benefits.
We will honour the price that you paid on enrolment for as long as you remain a member.
If you choose to leave and return, you will need to enter into a new Membership Agreement at whatever the current membership rate is. Please note that this may be higher than the price you are now paying.
5. Payment
a) Payment Terms
Cost of membership:
You agree to pay membership fees of either $45 AUD per month OR $240 AUD per 6-month period.
Payment due dates:
Monthly subscriptions will recur on the anniversary of your enrolment. If you enrolled in the last few days of the month, there may be a minor adjustment of the actual date due to Karta’s administrative processes, but you will receive notification in advance before a payment is taken from your account.
6 monthly subscriptions will recur 6 months after you initially join and repeat every 6 months thereafter.
Automatic payment reminders:
Reminders for payment will be emailed to you 7 days, 3 days and 1 day before your next automatic payment. Emails will come from the team email address hello@supportingbalance.com.au. We suggest you add this email address to your contact list, so it reduces the chance of being flagged as SPAM.
Payment methods accepted:
Payment is available via credit or debit card (using Stripe) or PayPal. If you need to change your banking details, you need to update them through the relevant payment provider as we do not retain copies of your financial information.
Currency:
Payments are taken in Australian Dollars (AUD). If you are outside Australia, your bank or PayPal will charge for the Australian Dollar value, but they will then convert the amount deducted from your account into your local currency. This converted amount may change over time according to international exchange rates and is independent of Supporting Balance.
You are responsible for any foreign currency transaction fees charged by your financial institution.
Tax and GST:
GST is included for all Australian members. If you require a detailed Tax Invoice beyond that provided by Kartra upon sign up or renewal, please contact us.
b) Late Payments
It is your responsibility to ensure there are sufficient funds in your account to cover payments. If automatic payments are delayed or declined, our membership system will send you an automatic reminder which must be paid within three days. Often, it’s due to a card expiring or insufficient funds, which you can easily fix by contacting the relevant payment provider.
If you update your information or ensure sufficient funds are available, the next attempt to pay the invoice will be successful and your membership will remain unaffected.
If you do not update your details or have insufficient funds to allow a successful payment, you will receive a maximum of 3 reminders, one every 3 days. If after that time payment is still declined, your membership will be immediately cancelled, and you will need to reach out to us to arrange an alternative method of payment.
If you are having difficulties making payments that are beyond your control, please contact us to discuss your options.
c) Withdrawal from Membership
You may choose to cancel your membership at any time by emailing hello@supportingbalance.com.au. It can take up to 10 business days for your cancellation to be processed.
Cancellation requests must be made 10 business days prior to the renewal anniversary date to ensure further charges won’t be automatically processed. You will continue to have access to the membership until the next renewal anniversary date. This ongoing access can not be exchanged for a refund of membership fees.
d) Refund policy
We offer a 30-day cooling off (trial) period. Should you change your mind and wish to cancel during this 30 days after your enrolment, please email our team and we will process your cancellation.
After the trial, there are strictly no refunds for change of mind. Please carefully consider your commitment before enrolling.
If you are prevented from participating fully in the membership due to unexpected circumstances beyond your control, please email our team to let us know. We may choose, at our sole discretion, to provide a refund on compassionate grounds if there are extenuating circumstances.
Any fees we have paid to the payment provider (such as PayPal) will be deducted from your refund. Once we have processed your refund, you will be immediately removed from the membership and will have no further access to membership resources
6. The Membership
a) Membership Content and Structure
The Health Club is designed to help you get the most out of the lifestyle protocol we teach and live ourselves, known as the ‘Root Cause Protocol’ (RCP). Our goal is to help you get the most out of what you learn during your consultations with our team and support you as you continue to implement your new habits beyond the consultation itself. There’s a lot to take in during the consultations, so we want you to continue to get value from that experience long after the session.
Each month we have a dedicated theme such as low iron, fatigue, insomnia, bloating, stress, and food intolerances. We explore each theme with videos, checklists, action items, games, and bonuses.
The Health Club gives you an opportunity to have easy access to the Supporting Balance team as they share information relating to implementing the RCP. You can ask questions relating to implementation and clarify any confusion you have outside of consults that others can learn from too. If you are curious, someone else likely will be as well!
Being around other like-minded people, your journey becomes part of a collective who are also working towards healing, health, and wellbeing. It’s now a shared experience, not a lonely, intimidating solo trek, where you are more likely to give up or get frustrated.
We know that strong community helps with individual success, and we want you to find your pathway to success alongside our own experiences as a collective. It’s a perfect place to share your wins along the way, and to gain confidence from hearing others’ wins. By sharing the overall experiences – both wins and setbacks – we collectively learn ways to move forward.
Our team will answer questions in the Health Club Facebook Group where appropriate. Monthly live Q&A calls are hosted on zoom, and where we will be available to answer more in-depth questions that arise.
At times, questions may come up which are beyond the scope of the membership, requiring more detailed or private conversations with your RCPC. We will direct you to book a time with your RCPC if this arises.
b) Monthly theme
On the first day of each month, we will advise you of the theme or focus for the month.
We begin the month with a video sharing the theme and helping you relate it to your own life experiences. Within this, we may encourage you to watch or read other existing materials which will help you learn in this area. There will be activities throughout the month to help you implement your understanding of the topic, dig deeper into what the topic means as it relates to your situation, or having some fun trying new things to help you optimise your RCP routine
c) Resources
The resources we provide for each month will be designed to help you learn about that theme and to implement actions relating to it. There may be check lists, journaling exercises, personal challenges, question prompts, recipes and even games to help you.
d) Live Q & A & Zoom link
A zoom link will be provided within your membership resources.
The Q & A’s will typically be on the third Thursday of the month at 10am AEST, but will be announced at the beginning of every month so you can confirm it in your schedule.
We will make sure questions can be asked in advance for the Q & A’s in case you cannot join in live.
e) Community Facebook group
The Facebook group is where our discussions happen outside of Q & A calls. It’s a place to connect with other members, share your progress/wins, and discuss the topic of the month.
Posts will be shared by the Supporting Balance team into the group to help you learn more about the monthly topic. Please know that the Facebook group may be very active at times or when new concepts are being presented, so join in where you can, read where you can and stay “in the room” as much as possible, even if something feels challenging. We are all in the group with the common goal of growth and learning, but it’s important that you do what’s best for you.
Different people find different topics or ways of engaging easier. You may prefer the live calls to jump in and have a chat with camera on and an interactive conversation. You may come along to them but not want to do anything except watch/listen with your camera off (we know many find anything else hard or scary to do!). You may prefer recordings and reading along in the Facebook group, so it works around your other commitments or your time zone.
Please be aware that when you withdraw from the membership, access to the Facebook group will be revoked.
f) 24/7 Virtual Library
The 24/7 Virtual Library will evolve within the Health Club portal (in Kartra). It will grow with the membership based on the interests of the group. It’s based on the team’s personal and professional experiences with the lifestyle of the Root Cause Protocol. Members can login to the portal (where the library lives) at any time whilst they’re a member and use it as a reference point in their health journey.
We encourage members to ask questions if they can’t find a topic in the library, and where possible, we will add responses to the library as well for future reference for all.
g) Membership Participation
How each member chooses to participate in the Health Club is up to the individual. We strongly recommend you watch the monthly topic video as soon as you can and come along live or watch the recording ASAP for the Q & A’s. Use the momentum that a collective energy provides to help you.
That said, we know that everyone has varied commitments and we will have many time zones within the group, so it won’t always be possible to join in immediately. We will make videos, resources, and experiences available to all members and we encourage you to focus on where you are right now, and not ‘how far behind’ you are. You are right where you need to be at any given moment and the information and resources will be ready for you to access when you need them.
The Q & As we host will have some structure to them, but also we will encourage flowing conversations that may vary from the original question. In this process, we will aim to give everyone an opportunity to contribute, and to listen to other members as they contribute. It is important to us that there aren’t individuals who end up “always leading the conversations” which prevents or intimidates others from feeling they can also contribute. Everybody’s input is valued.
If we can build multiple similar questions into a response or can wrap up a conversation so we can move onto someone else’s question in the finite time of a Q & A, we will. The team may wrap up a longer discussion and move onto the next question if we are noting the need to cover other members’ questions before the session concludes. This is not because we don’t want to go into more depth or stay with the question longer, it’s simply to manage the limited time we have together and give others the opportunity you have just experienced.
h) Cancellation of Scheduled Calls
In the unlikely situation where a scheduled call needs to be cancelled due to unforeseen or unexpected circumstances or illness, we will give you as much notice as possible. We will always try to reschedule the call or event providing as much warning as possible so you can adjust your calendar for the new session time too.
7. Our Responsibilities
We commit to providing the Health Club information and resources in a carefully curated, easy-to-learn format so that members feel able to learn and grow no matter where they start off. We will always be diligent to provide accurate information with references and cross-links where possible for members to continue their own research and reading journey.
The content is based on the Supporting Balance team members’ experience and training. Kristan Kershaw has a unique perspective from her role in supporting the RCP business and leading the training, as well as her extensive 1:1 work with clients and her own lived experience with her family. She also draws on her experience from her scientific studies and work, plus her experience as in the field of training and documentation before she came across the RCP.
Each Supporting Balance team member brings their own life experiences and training beyond the RCP which gives them a unique perspective and ability to share with others. They have all worked with or been trained by Kristan before they become a Supporting Balance team member, so are prepared and ready to mentor others as a result.
From time to time, there may be guest speakers who join us within the Health Club. They share their content and experience to help members.
We endeavour to provide the latest information and research to support the content. However, we make no promises regarding the accuracy, relevance or quality of the content or the methods used in our work.
8. Member Responsibilities
a) Obligations
The Health Club is a place to learn, share and grow. We want members to join us from a position of being their authentic self, be curious and at times discussing topics that may be shared from a vulnerable position. We expect you to be yourself, to be open to new ideas and to challenging received wisdom to see if it is true for you. We expect you to tell us if your expectations are not being met, or if you feel like you are not being heard.
We also expect you to take responsibility for your own engagement. How much effort you put into the Health Club is directly correlated to how much benefit you receive.
b) Facebook group rules
We reserve the right to moderate any comments made in the Facebook Group, including deleting comments that we deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Please keep all communication kind, polite and on topic. Disrespectful, aggressive, or antisocial behaviour towards our team, our consultants or anybody else will not be tolerated. Ongoing unacceptable behaviour that persists despite repeated warnings may result in you being removed from the Facebook Group. You will still be able to access the resources in Kartra but you will not be permitted to disrupt the community.
c) Indemnity
It is a condition of membership of the Health Club that you take full responsibility for your own actions. Please conduct your own research, ask lots of questions, and make fully informed choices about whether a particular course of action is right for you. Kristan, our team of RCPCs and the other members are never telling you what to do. They are sharing experiences and options for your consideration. Use your own integrity, stand in your power, and explore all the options before making decisions. Our role is to help you examine a situation from all angles, question your assumptions and support you while you think about the challenges that you choose to share with us. As a result, you agree to hold us blameless for any choices you make and anything that might go wrong while you are on this journey, unless it is directly caused by our negligence or deliberate fault.
You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action, other than deliberate wrongdoing or negligence, shall not exceed the amount that you have paid to us in the preceding 12 months.
d) Non-competition
It is a condition of membership that you are not allowed to share content produced for the Health Club outside the membership and you are prohibited from using it commercially in any way that competes with us or our business. The information is provided to you solely for your personal health journey.
e) Providing Services to Other Members
There are plenty of communities online where you can promote your own business and share your offers. The Health Club is not one of them. As such, explicitly promotional posts offering goods or services to other members are not permitted and will be removed.
If you do meet and choose to work with someone whom you met through the membership, that is entirely between you, and we play no part in and have no responsibility for the transaction.
From time to time, we may share offers to the membership. They may be shoutouts to service providers who are experts in their field, suppliers we have found helpful in locating supplements, or affiliate links to recommended suppliers, and other services we feel could help members on their journey. RCPCs may also provide booking links for their consultations when appropriate.
9. Relationship of the Parties
You engage us to provide the membership through our employees, contractors and agents. The relationship between you and Supporting Balance is that of a principal and independent contractor.
Nothing contained in this Agreement will constitute or deem Supporting Balance or any of our employees, contractors or agents to be your partner, employee or agent, or vice versa.
10. Disclaimer
a) Important Information
It is important to get clearance from your doctor before making major changes to your lifestyle. If any concerns arise during your membership of The Health Club, we strongly recommend you seek advice from an appropriately qualified professional. RCPCs are not necessarily medical or mental health professionals, and our work does not treat or diagnose any disease or illness.
The information and resources that we provide in the membership is generic, and not a substitute for specific professional advice tailored to your own unique needs. At all times, you remain fully responsible for your own physical, emotional and mental wellbeing. If you are taking any medication or treatments, this is not the time to stop. If you are working with other health practitioners, it is important that you inform them and continue any treatment plans.
You are always welcome and encouraged to book additional consults with your RCPC if you have any concerns or questions that go beyond the scope of the membership, or if you feel the need for more personalised support. The cost of 1:1 consultations is not included in your membership fees
b) Source of Claims
With our background in science and a solid holistic health and natural nutrition focus, we work to help you interpret the messages your body is sending about what it needs to thrive – for better health every day, and to support yourself in times of stress.
All our consultants are fully trained in, and very knowledgeable about, the Root Cause Protocol. We come from varied backgrounds, mostly in the scientific and allied health industries. We have been drawn to this work by challenges in our own lives and the lives of those we love, so we are able to fully empathise with your experiences.
c) Guarantees
Any testimonials or results we may mention in the membership resources are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.
You will need to be patient and consistent in implementing our suggestions. Imbalances do not happen overnight, and they cannot be fixed with a wave of a magic wand (although we all wish they could)! You are likely to need to gradually implement small changes and improve your habits over time and it is essential that you take ownership of your journey towards recovery. It is our hope that in the long run you will become more in tune with the needs of your body and able to make adjustments on your own in order to maintain your wellbeing.
However, every individual is different and the results you achieve will depend on many factors unique to your own health, medical history, lifestyle and metabolism. We are therefore unable to guarantee that you will be able to achieve your desired outcome.
We do not make any guarantees or warranties about the accuracy of any material provided in the membership, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.
d) Limitations
You will get the most out of working with us if you are curious and open to experimentation. You need to be willing to challenge yourself to start listening to your body even if you don’t know what that means and how to do it. It is our intention to help you gradually increase your self-awareness, as the more you learn to listen and respond the more you become your own guru instead of being reliant on external support.
You might not be a good fit for this work if you are ingrained in a medically mainstream mentality. You need to be ready to let go of what you think you know and be open to a different understanding. If you resist or contradict every suggestion that we make, you will not get much value out of working with us.
While our suggestions may help you make minor improvements to your quality of life, the assistance we can provide you is likely to be limited if you are suffering from a major illness.
11. Intellectual Property
The content we provide to you is protected by copyright laws and treaties around the world, with all rights reserved. We will also be sharing our trade secrets and confidential information with you in the membership.
Our intellectual property must not be shared, discussed, or disclosed to anyone outside the membership except as authorised in this Agreement. You are expressly prohibited from claiming our intellectual property as your own.
We are a global online business. Supporting Balance is an unregistered trade mark wherever it is used in the world. Root Cause Protocol and RCP are registered and unregistered trade marks used under licence. This means that these names may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages us or our business.
12. Confidential Information
You agree that this section constitutes a mutual non-disclosure agreement between us. Any confidential information shared by us or our RCPCs about our personal lives or business that is not in the public domain is considered to be confidential. You agree not to use our confidential information in any manner other than for the purposes of your participation in the membership.
As you participate in the membership, you will be sharing confidential information with us, including sensitive information about your life and business. We use this information to provide you with content and advice specific to your circumstances and maintain our client database. We manage this information in line with our Privacy Policy, which can be found on our website: https://supportingbalance.com.au/privacy-policy/.
When participating in group calls or engaging with our Facebook community, please be mindful of what information you choose to share personally, and always treat other members’ privacy with the highest level of respect.
13. Dispute Resolution & Jurisdiction
a) Negotiation
If you have any concerns, issues, or complaints arising out of this membership, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email us at hello@supportingbalance.com.au and expect a response within 2 business days.
b) Mediation
If the dispute cannot be resolved by negotiation and discussion within 21 days, you agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if anyone would need to travel for more than an hour to attend the mediation.
The mediator is to be appointed by agreement or failing agreement within 14 days of the negotiation period ending, we will provide you with contact details for at least 2 appropriately qualified, neutral mediators (having first confirmed their availability), and you must select one of them within 48 hours of receiving the nominations. All costs of mediation must be shared equally.
Legal action must not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
c) Non Disparagement
If a dispute arises, you agree to refrain from engaging in any public discussions regarding the matter, communicate with us in a polite and respectful manner and avoid any behaviour or communication that could reasonably be expected to negatively impact our business or personal interests. We will treat you with the same respect.
d) Jurisdiction
This Agreement is subject to the governing law of Queensland, Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Queensland, and the Commonwealth of Australia, will have exclusive jurisdiction.
14. General Provisions
This document comprises the whole agreement between us concerning the membership and replaces any prior agreement, arrangement or understanding regarding its subject matter.
Any variation to this Agreement must be in writing and clearly acknowledged by both of us. An email exchange that sets out the agreed changes is sufficient for a variation.
If any part of this Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Agreement.
PLEASE NOTE:
You need to ensure you use the email you have used to purchase your SBHC Membership or that you would use to access the membership content in the fields displayed. Failure to do so will result in delays to accessing the membership content.