Patient Enrolment Form

As part of your surgical package, you receive access to a 2-year support, education and coaching program delivered before and after your surgery provided by The Fresh Start Program (ABN 71 1428 04251) (the Program). This document sets out the terms and conditions in relation to your use of the Program. PLEASE READ THIS INFORMATION CAREFULLY BEFORE SIGNING.

Lifestyle Coaching not Medical Advice - The Program is designed to assist you to create a new healthy lifestyle after your surgery. It is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your surgeon, physician, therapist, dietitian, or any other health care professional. The staff of The Fresh Start Program are not medical health practitioners or mental health providers and are not holding themselves out to be in any capacity. The Fresh Start Program is not providing a healthcare, medical, psychological counselling or dietetic service or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body. Rather, the staff of The Fresh Start Program serve as coaches, mentors and guides who have created resources which aim to help you to reach your own health and weight management goals through implementing incremental, positive, healthy, sustainable lifestyle changes.

The intent of the Program is NOT to replace any relationship that exists, or should exist, between you and your surgeon or any other health care professional regarding any questions or concerns that you have about your surgery, specific health situation, dietary restrictions, or any medications you are currently taking. It is essential that you consult with your health care professional before starting the Program to ensure that you are mindful of your current health and any restrictions that are relevant to you. Do not disregard professional medical advice or delay seeking professional advice because of information you have read or received from The Fresh Start Program or its website or from other users of the Program. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect you have a medical problem, contact your health care provider immediately.

Access to Personal Information - In order for you to receive access to the Program, The Fresh Start Program requires access to certain personal information about you from your surgeon for the primary purpose of providing quality lifestyle coaching services to you. This information includes your Name, Date of Birth, Telephone Number, Email Address, Procedure and Date of Procedure. You agree to The Fresh Start Program receiving this information from your surgeon and understand that The Fresh Start Program has a privacy policy on handling personal information.

Personal Responsibility - The Fresh Start Program aims to accurately represent the information provided in the Program including its teleconferences, group meetings, website, blog, forum, emails, programs and coaching services and all information is provided in good faith. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family, and for all decision made by you now or in the future. You further acknowledge that you are participating voluntarily in using the Program and you alone are solely responsible for the results and that, depending on your particular circumstances, there may be risks to your health. You acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Program, or may be risks that are not known to you or are not readily foreseeable at the time of using the Program. You assume all risks and accept full responsibility for your use, or non-use, of any information provided by The Fresh Start Program through any means whatsoever and, to the extent permitted by law, you absolve The Fresh Start Program (and its employees, agents and subcontractors) of any liability or loss that you, or your family or any other person, may incur from your or their use or non-use of the information provided.

Limitation of Liability - To the extent permitted by law, and subject to these terms, in no event will The Fresh Start Program (or its employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Program, its website, any linked website, or your reliance on any information obtained through the Program, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

Terms Implied by Law - To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Fresh Start Program from excluding or modifying the application of, or liability of The Fresh Start Program under any such condition or warranty, that condition or warranty will be deemed included but The Fresh Start Program’s liability will be limited for a breach of that condition or warranty to, at the option of The Fresh Start Program: if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

Total Liability - To the extent permitted by law, The Fresh Start Program’s total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you or on your behalf under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity - You agree to indemnify The Fresh Start Program and its employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by The Fresh Start Program or its employees, agents and subcontractors, which arises out of your use of the Program.

Additional Terms and Conditions - The additional Terms and Conditions that appear on The Fresh Start Program’s website will govern your use of, and access to, The Fresh Start Program’s website. Since these additional Terms and Conditions form part of the terms of use of the Program, you are bound by them and should review them wherever they are relevant to you when using The Fresh Start Program’s website.