Last updated: 20 October 2017

Additional terms – Accredited Beat It Trainer

BEAT IT is an evidence-based exercise program suitable for people with, or at risk of, diabetes and for people who may be overweight and/or obese, have high blood pressure, arthritis, osteoporosis or any other lifestyle related chronic condition. Diabetes NSW & ACT developed this program to support people to become more active in their lifestyles, and to improve their overall health and condition management. It is also suitable for anybody just looking to get active and improve their health in a supportive environment. The program is administered by Diabetes Qualified Pty Ltd, a subsidiary company of Diabetes NSW and ACT.

To be an Accredited Beat It Trainer the following Terms must be met and Conditions agreed to:

 

Qualifications and Eligibility

Trainers must hold current accreditation with one of the following bodies:

  1. Accredited Exercise Physiologist OR Sports Scientist with Exercise and Sports Science Australia (ESSA)
  2. Qualified Physiotherapist with Australian Physiotherapy Association
  3. Certificate IV in fitness with Fitness Australia

Trainers are required to have completed the BEAT IT Trainer or BEAT IT Refresher program within the past 2 years.

Trainers must hold the following certificates:

  1. Current CPR
  2. Current First Aid

Trainers agree to work within the Scope of Practice framework of their relevant qualification.

 

Insurances

Trainers must also hold the following:

  1. Professional Indemnity insurance minimum $5 million dollars, and
  2. Public Liabilities insurance minimum $10 million dollars

A certificate of currency for the above insurances should be available upon request.

 

Police Check

The Trainer declares that he/she has not been convicted of any offence (excluding minor traffic offences), nor do they have any pending criminal charges. Failure to make a true declaration may result in accreditation being revoked.

The trainer also understands that they may be required to provide a Police Check clearance at any time.

 

Occupational Health and Safety

The Trainer agrees it is their responsibility to have an Occupational Health and Safety policy to minimise, as far as possible, the risk of injury or an adverse health event occurring to all Program participants and themselves. A comprehensive risk assessment and appropriate control measures should be implemented prior to the commencement of each Program and each session. Trainers should refer to their own professional peak body for guidelines.

 

Beat It Program Brand Integrity

To ensure the safe delivery of the Program and achieve the learning objectives the Trainer agrees to maintain the integrity and purpose of the Beat It Program by not altering or deviating from the Beat It Learning or Delivery materials or the recommended pricing guidelines.

The trainer agrees to inform all participants at the commencement of each Program that the Beat It Program has been developed by, owned and endorsed by Diabetes Qualified, a subsidiary company of Diabetes NSW and ACT.

All branding on supplied materials must not be removed or altered. The rights to use these trademarks is strictly limited to the Beat It program and is automatically retracted upon lapse of the Trainers accreditation.

Diabetes Qualified will notify Trainers of updates to the Beat It Program periodically. Trainers agree to update their own Beat It learning and delivery materials within 1 month or prior to the next training program, whichever occurs earlier, from receipt of the update.

The Trainer understands that the delivery of the Program cannot be sub- contracted to another person unless they are a Beat It accredited trainer and only with the prior consent of Diabetes Qualified.

 

Intellectual Property

The Trainer acknowledges that all rights, title and interest in all work product, concepts, designs, technical information, program materials, copyright and all Intellectual Property of whatever nature created, developed or improved, are and remain the property of Diabetes Qualified Pty Ltd, a subsidiary company of Diabetes NSW and ACT.

The Trainer agrees that they will not use or disclose any Intellectual Property of Diabetes Qualified or Diabetes NSW and ACT to any person or entity, without prior written consent of DNSW and ACT and without appropriate confidentiality measures being in place.

All Participant anthropometric data gathered throughout the Program is to be de-identified and provided to Diabetes Qualified at the conclusion of the program.

 

Confidentiality

The Trainer must not disclose to any person or use for either its own benefit or anyone else’s benefit, any Confidential Information which the Trainer may acquire or come in contact with, without Diabetes Qualified prior agreement.

The Trainer agrees to abide by the Principles of the NSW Privacy and Personal Information Protection Act 1998.

 

Nature of the Relationship

The parties agree that their relationship is one of Training Organisation and Authorised Representative. Nothing in these Terms and Conditions or anything arising from the arrangements between Diabetes Qualified Pty Ltd and the Beat It Trainer is intended to create an employment relationship, a partnership or joint venture relationship or a principal and agency relationship between Diabetes Qualified Pty Ltd and the Beat It Trainer, or any employee or agent of the Trainer.

The trainer acknowledges that they are responsible for all statutory obligations in relation to running a business under any federal, state or territory legislation in Australia, including but not limited to PAYG, Superannuation and Workers Compensation Insurance Workers Compensation.

The trainer agrees to advise all participants that the Program they are enrolled in is being delivered by a private enterprise, not by Diabetes Qualified Pty Ltd, and that their relationship is one of an Accredited Trainer, not one of an Employee or Contractor.

 

Indemnity

The Trainer agrees to indemnify Diabetes Qualified and its directors, officers, employees and agents and its clients against all losses, claims, damages and liability (including any expenses incurred in investigating or defending any such claims), which arise out of any breach of these Terms and Conditions or any act or conduct of, (including negligence), the Trainer or any of its employees, agents or Trainers.

 

Audits and Evaluation

The Trainer acknowledges that they may, at any time, be subject to a random audit of the subject terms and conditions and that periodic Program performance evaluations will be carried out through participant surveys and site visits.

 

Survival

The clauses of these Terms and Conditions survive the expiry or early termination of the Trainer accreditation as do any other provisions that expressly or by implication from their nature are intended to survive termination or expiry.

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