Legal

SuperCue - abbreviation for Fitness Solutions Limited.

SuperMover Subscriber - an individual who subscribes to any of SuperCue's At-Home programmes including the SuperMover Library of online programmes, tutorials and other content, for their own personal use.

Licensed SuperCue Instructor - an individual who may or may not have previous qualifications and experience in fitness instructing, that has successfully completed the online SuperCue Instructor Training AND holds a current Instructor Licence with SuperCue.

SuperCue Instructor Licence - is compulsory for those Instructors wishing to deliver SuperCue classes. It is valid for 12 months and is payable in advance with monthly or annual payments.

Certified SuperCue Assistant - an individual who worksas a volunteer or is employed or contracted by an Organisation delivering services to seniors, who successfully completed the online SuperCue Assistant Training. They are then certified to guide and motivate individuals and/or groups through a DVD, USB or online SuperCue fitness programme, routine or workout.

SuperCue Assistant Licence - is what Certified SuperCue Assistants receive on successfully completing the online SuperCue Assistant Training. This Licence is however, only issued if the Certified Assistant is connected with an Organisation that holds a current SuperCue Organisation Licence.

Organisation Licence - is compulsory for Organisations (including retirement villages, rest homes and other organisations that deliver services to seniors) which wishes to deliver SuperCue classes. It applies to a single site only, unless otherwise agreed with SuperCue management in writing. It is valid for 12 months and is payable in advance, either monthly or annually. It gives them access to the Organisation Licence Portal and the Assistant Licence Portal.

Organisation Group Exercise Introductory Package -Organisations can trial SuperCue's group exercise service for a no obligation one-off fee. It gains access to the online SuperCue Training course and 3 months Organisation Licence, including access to the online Assistant Licence portal.

Organisations & Assistant Licence Agreement

Overview - Terms & Conditions

Purpose

Outlined below are the terms and conditions for New Zealand-based organisations seeking a Licence to deliver SuperCue Group Exercise Classes in one or more of its sites.  

SuperCue Fitness Solutions Limited (“SuperCue) provides choreographed exercise programmes designed to enhance strength and balance for older adults. With the Organisation LIcence, these programmes are delivered via video to community groups. They are designed to be supported by certified SuperCue Assistants.

Key Definitions

• Organisation:  Refers to a “single site” rest home, retirement village or community service group.

• SuperCue Assistant: An Organisation employee or volunteer trained to set up and oversee participants through SuperCue exercise videos in a group setting.

• Assistant Training: A self-paced online course that provides a staff member or volunteer with the skills and resources to set up and run SuperCue group classes. 

• Organisation Licence: An annual licence for an Organisation to operate SuperCue group exercise classes on its premises. The Organisation gains full access to the SuperCue content via the Assistant Licence portal. 

• Assistant Licence:  Provides online access to the SuperCue library of exercise video programmes, along with administrative, marketing, health and safety, and exercise and posture resources via the Assistant Licence portal.

• Organisations Group Exercise Introductory Package: For a one-off fee an Organisation can trial the service on a single site only.  It gains access to the online SuperCue Assistant Training Course and 3 months Organisation Licence, including access to the online Assistant Licence.

Organisations & Assistants Group Exercise Licence

This Licence enables an Organisation to offer SuperCue group classes exclusively on a single site. Includes:

• Licence to access and deliver SuperCue content via an online portal or app.

• Unlimited online training for staff or volunteers to become SuperCue Assistants, accessible for the duration of the Licence.

• The Assistant Licence offers: 

• A library of 55-minute choreographed programmes, shorter 20-30mins Express sessions, and video tutorials on exercise and posture. The library is continually updated with new programmes ensuring engaging and relevant content. 

• Programmes that cater for diverse fitness levels with seated, standing, and active options, along with modifications for individual needs.

• Administrative tools, and printable materials including handouts and assessments for participants.

• Marketing resources that align with brand guidelines, including promotional templates.

• Continuous support and learning opportunities for Assistants through an online community forum accessible via app or website.

• Continuous support for class participants with regular communications, surveys and assessments. Assistants are required to register class participants via the Assistant Licence Portal for them to receive this service.

• A USB service is available for those sites who do not have access to a SmartTV or reliable internet connection. (Refer Fees & Payments below).

 Assistant Training

To become a certified SuperCue Assistant, individuals complete an online training programme (approximately 3-6 hours of study plus practise with SuperCue class video). This training includes:

1. Assistant Training Manual: Each Organisation receives one hard copy, with further hard copies available for purchase. Digital copies are available free of charge for download and printing.

2. Operational Guidance: Covering class setup, room and equipment preparation, promotion strategies, and administrative tasks.

3. Safety and Adaptation Techniques: Instruction on ensuring participant safety through a safe environment and guidance on exercise modification to accommodate varying fitness levels.

4. Assistant Licence Portal Navigation: Guidance on utilising the portal’s resources, such as tutorials, promotional materials, and Health & Safety forms.

 During their training, Assistants will have access to one full SuperCue programme, both online and on DVD. A USB for backup (3 programmes + express) can be purchased for $47.90 + GST.  

SuperCue recommends that Assistants complete the online training and pass the online assessment BEFORE conducting classes. Once successfully completed, they will gain access to the Assistant Licence Portal with its full section of programmes and resources.

Assistant Role & Responsibilities

The responsibilities of a SuperCue Assistant can include:

• Managing all aspects of class and room setup, promotion, administration, and health and safety protocols, as detailed in the training, with ongoing support available through the SuperCue Community Hub forum.

• Following guidelines outlined in the Assistant Training, Assistants closely monitor participants to ensure they follow the instructions given by the presenters on the video. As the Assistants experience grows, they are encouraged to provide exercise modifications (either directly or via technique tip tutorials) to suit individual needs.

• Using a personal login to the Assistant Licence Portal to access SuperCue programmes and resources.

Organisation/Manager Responsibility

Each Organisation is responsible for ensuring that all SuperCue classes are set up and run by a certified SuperCue Assistant. SuperCue will not be held liable for any incidents or issues arising from classes delivered without the presence of a certified Assistant.

On purchase of the Organisations Group Exercise Introductory Package and/or the ongoing LIcence, organisation managers are provided with immediate access to the Organisation Managers portal which provides all the information and tools they need to support Assistants in setting up and running SuperCue classes.

Fees and Payment

Organisations Group Exercise Introductory Package: $490+ GST

Provides 3 months access to the Organisations Licence Portal and the online SuperCue Assistant Training course. This gives the Organisation the right to deliver group classes on a single site of their Organisation only. As soon as an Assistant has successfully completed the course, they gain immediate access to the Assistant Licence Portal which includes the programme Library, resources and Community Hub Forum.  To maintain access after the 3 months, an Annual Licence must be activated. 

Organisations Group Exercise Licence:

• Organisations Group Exercise Licence - Monthly Payments: 

Level 1:    village or site with less than 50 villas           $130+GST

Level 2:    village or site with between 50 and 99 villas $190+GST

Level 3:    village or site with 100 or more villas $250+GST

Annual Payment:   Organisations can opt to pay annually and will then receive a 10% discount.

Payment is by credit card, unless otherwise agreed with SuperCue. All payments are non-refundable. PLEASE NOTE:  Prices quoted are exclusive of GST.

• Licence Term: minimum 12 months following Introductory Package. 

• Cancellation: After the initial 12 months, Licence renews automatically unless terminated with one month’s written notice via email to [email protected]. Upon termination, all SuperCue materials must be returned, and access to and use of the content will cease.

• USB Service (OPTIONAL EXTRA)  

This is available for organisations that do not have access to a SmartTV or reliable internet connection. They will be supplied with a USB featuring a selection of full programmes and Express programmes. Every 3-4 months an updated USB with new programmes will be posted to the Organisation with a return envelope for the old USB.  

The annual fee for this service is $144.80 + GST.  Includes all postage. OR you can purchase a single USB (for times of no internet) for $47.90 + GST. Includes postage.

• Organisations SuperMover Membership (OPTIONAL EXTRA):  

The SuperMover Membership provides individual residents personal access to the SuperCue at Home library of exercise programmes and resources. 

They can join individually for $69 per person, per year OR the Facility can choose to add an Organisation SuperMover Membership (Optional extra only for Organisations with a Group Exercise Licence). For a single monthly fee, this gives all residents access to the SuperCue at Home programmes and resources. 

$25/month + GST - Level 1: 1- 50 villas 

$35/month + GST - Level 2: 50-99 villas 

$55/month + GST - Level 3: 100-250 villas 

Additional Terms

• SuperCue content is restricted for use only within a single site of the licensed Organisation premises. 

• NOTE:  Organisations, facilities, villages and individuals are NOT PERMITTED to use SuperCue at Home membership to deliver classes in a group setting. 

• Assistants can only use the SuperCue brand or programmes within an Organisation that holds a current SuperCue Organisations Licence.

Health & Safety

• SuperCue’s programming follows best practices for older adults. Safety guidelines are provided in the Assistant Training. The Assistant is responsible for following these guidelines and making every effort to ensure participants follow the programme safely and effectively.  

• Participants are responsible for obtaining any necessary medical clearance (as per the SuperCue Pre-Screen form) and for informing Assistants of any health changes that could affect class participation.

• It is the participant’s responsibility to follow the instructions given on the SuperCue videos along with the recommendations and guidance from their Assistant.

• Both the Assistant and Organisation share general health and safety responsibilities.

Privacy and Data Protection

SuperCue complies with the Privacy Act 2020 and Information Privacy Principles (IPPs) and will collect, use, and share personal data only as needed for services, ensuring data protection against loss, unauthorised access, or misuse.

In the event of a data breach, SuperCue and the Facility must notify each other within 72 hours of becoming aware of the breach. SuperCue will securely dispose of personal data when no longer required and will ensure privacy protections are in place for any international data transfers.

Copyright & Confidentiality

All SuperCue content is copyright-protected, and unauthorised use outside the Organisation licenced site is prohibited.

SuperCue and the Organisation agree to treat any disclosed information, such as business plans, technical data, client information, and pricing, as confidential and not share it without prior written consent.

Disclaimer & Insurance

SuperCue disclaims liability for harm resulting from misuse of website or programme content. 

SuperCue holds Professional Indemnity Insurance and Public Liability Insurance.

Acceptance

By purchasing the Organisation Group Exercise Introductory Package and/or Organisations Group Exercise Licence, your Organisation agrees to the above terms and conditions.

For further information

Organisation, Assistant & Instructor support - programming, resources, communications
Marya Hopman      [email protected]       021 452 172

Administration & Technical Support - payments, invoicing, programme access

Rebekah Charlton       [email protected]       027 773 5483

SuperCue Assistant Certification

a. Individuals who work as a volunteer or are employed or contracted by an Organisation that offers services to seniors may be trained as a Certified SuperCue Assistant by successfully completing the online SuperCue Assistant Training. This will entitle them to set up and guide individuals and groups through a videoed SuperCue programme via DVD, USB or online streaming.

b. Once they have successfully completed the online SuperCue Assistant Training, they will be granted access to the Assistant Licence portal. However this only occurs if the Assistant is connected to an Organisation that holds a current Organisation Licence.

c. All Certified SuperCue Assistants must have a current Essentials First Aid Certificate or have on-site access to First Aid trained individuals.

SuperCue Assistant Limitations of Use

d. Certified SuperCue Assistants may only work with individuals or groups in a private setting. It is illegal for SuperCue Assistants to play SuperCue DVDs, USBs and online video content to public groups.

e. Certified SuperCue Assistants must adhere to the programming as shown on the DVD, USB and online video, however they must also observe and respond to their client's or group's capabilities, and utilise the regressions and progressions provided appropriately.

f. All SuperCue choreography, music, tutorials, handouts, training manuals, images and logos are protected by copyright. Unauthorised use outside the Organisation licensed site is prohibited.

g. SuperCue programming and content can only be used with the SuperCue brand.

SuperCue Assistant Marketing Guidelines and Limitations

h.  Marketing Terms and Conditions are available in the Assistant Licence or by contacting [email protected]

Cancelling or Terminating SuperCue Assistant Certification

i. If a SuperCue Assistant terminates their relationship with the SuperCue Licensed Organisation, the Organisation must notify SuperCue to remove the individual from the SuperCue Assistants database.

j. The individual retains the SuperCue Assistant Certification as a qualification, however they may only deliver the service on a voluntary, employed or contractual basis for an organisation that has a current SuperCue Organisation Licence. 

k. If the individual wishes to deliver the service on a volunteer or self-employed basis on their own behalf, they should complete the SuperCue Instructor course and hold a current SuperCue Instructor Licence.

Instructor Training & Licensing

a.  Any individual who is interested in leading face-to-face SuperCue classes can purchase the online SuperCue Instructor Training course. They are not required to hold any other relevant fitness qualifications, however experience in health, fitness or dance is recommended.

b.  Individuals are required to pass the online Instructor Training course and have a sample video of themselves delivering a number of tracks approved by SuperCue management to become a Certified SuperCue Instructor. This does not however entitle them to deliver SuperCue classes.

c.  Certified SuperCue Instructors must hold a current SuperCue Licence to be able to deliver classes. This may be included in the initial Training package they purchased, or it may need to be purchased separately.

d.  The Instructor Licence is valid for 12 months and is payable in advance, either by monthly or annual payments.

e. Instructors who have successfuly completed the online SuperCue Instructor Course are not obliged to become licensed, however without a current licence they will not have access to the music and routines, with the exception of the limited selection of tracks they were provided with on enrolling for the Instructor Training course. They are not entitled to instruct classes using SuperCue music and choreography, or to use of the SuperCue brand and any other branded content.

f.  All Licensed SuperCue Instructors are required to have a current Essentials First Aid Certificate prior to instructing any SuperCue classes.  It is the responsibility of Licensed SuperCue Instructors to ensure their First Aid Certificate is kept up to date.

g.  All Licensed SuperCue Instructors are required to have their classes covered by their own personal insurance or that of the Organisation they are employed by or contracted to if required.

SuperCue Instructor Licence  - Limitations of Use

h.  All SuperCue choreography, music, training manuals, images and logos are protected by copyright. It is illegal to copy or supply to others. This excludes handouts included in the Instructor Tools & Resources that have been specifically designed for distribution to SuperCue class participants.

i.  SuperCue programming and content can only be used with the SuperCue brand.

j.  Licensed SuperCue Instructors are only authorised to lead SuperCue classes with individuals or groups in private settings.

k.  It is illegal for Instructors to play SuperCue DVDs, USBs and online content to public or private groups without appropriate SuperCue Licensing (Refer Marketing Terms & Conditions for exceptions).

l.  SuperCue Instructors are required to follow the rules of the music licences connected to  all SuperCue music. SuperCue music can be used for group fitness settings, leading private online classes, or teaching in a 1:1 environment.  SuperCue music must not be posted or used online, TV, or radio for promotional / marketing purposes or revenue making ventures including teaching SuperCue publicly online or in the community. 

m.  Instructors are required to get approval for using SuperCue music tracks for any activities other than teaching SuperCue classes or 1:1 training. SuperCue will notify instructors of music tracks for which SuperCue has obtained additional licensing that can be used for promotional purposes or online. This is not a component of the SuperCue Instructor Licence but rather a bonus given to instructors. 

 n.  Instructors must not share their membership login with other Instructors, Organisations or Subscribers.

o.  Licensed SuperCue Instructors who have other exercise and fitness qualifications may combine the SuperCue programmes with other modalities and activities (e.g. SuperCue plus Counterpunch Parkinsons), however the music, choreography and regressions and progressions must be followed to protect the integrity of the sequences delivered. When marketing a programme that features SuperCue routines and music together with other modalities, it cannot be marketed as a SuperCue class but as a class that includes or features SuperCue routines.

p.  Instructors who do not hold any other relevant fitness qualifications must adhere to the programming and choreography as shown, however they are required to observe and respond to their audience's capabilities, and utilise regressions and progressions provided appropriately.

Instructor Class Marketing Guidelines and Limitations

q.  Marketing Terms and Conditions are available in the Instructor Licence portal or by contacting [email protected]

Cancelling or Terminating Instructor Subscription / Licence

r.  After the initial 12-month Instructor Licence period, instructor subscription may be cancelled. 

• Those paying monthly must give 3-months' notice.
• Those paying annually are not required to give a notice period, however no refunds will be given due to cancellation. 

s.  SuperCue reserves the right to withdraw an Instructor's Licence for non-compliance of SuperCue Licensing or Marketing Terms and Conditions.  

t. SuperCue Instructor Licence and its offerings are guaranteed for the paid Licence period. SuperCue reserves the right to cease, change or modify aspects of the Instructor Licence and will provide 3-months notice of any changes. SuperCue reserves the right for ongoing continual improvement of the service delivery, layout or offerings and can make changes without notification.  

Purchasing from the website

a.  SuperMover Membership and selected product purchases will require users to set up an account with name, email, phone number and password. No payment details are required until user chooses to purchase a priced product or service.

b.  By setting up an account they will be added to the SuperCue database and will receive regular emails from SuperCue with health and fitness tips, education, motivation and information on new products and services. Users can choose to opt out of these emails by clicking on the unsubscribe link at the bottom of the SuperCue emails.

SuperMover Membership

c. . SuperMover Membership provides an individual access to a continually growing library of programmes, tutorial videos and handouts, and continuing education, tips and motivation through SuperCue's website, membership portal and social media platforms.

d.  SuperMover Membership is paid annually in advance. No refunds will be given.

e.  SuperMover Membership is designed for individual "at-home" use only. It is illegal to use it in public or private group settings.

f.  SuperCue routines, tutorials and resources are protected by copyright and cannot be used without authorisation.

g.  SuperCue supports the provision of high quality products. If users have an issue or complaint with their purchase, they should contact [email protected] 

h.  All physical products are shipped by New Zealand Post and should arrive in 7-12 working days after purchase date if delivery is within New Zealand. International orders will take 2-3+ weeks for delivery.

 Health & Safety

• Users agree to follow the safety instructions given and proceed at their own risk.
• SuperCue recommends checking with your doctor before beginning a SuperCue programme, particularly if you are taking medication, have a medical or health condition/s or history of injury.
• Stop exercising if you feel nauseous, dizzy, faint or lightheaded, or if you experience any pain, numbness, tingling, loss of strength or shortness of breath. Check in with your doctor if you have any concerns.
• As a user of the SuperCue exercise programmes, you acknowledge that participation in physical activity carries a risk and that you assume all responsiblity for that risk.
• Take care than any equipment including your chair and resistance bands are in good condition.
• Take care that your exercise space is at least 2 metres square and clear and free of trip hazards such as rugs and furniture.
• SuperCue instructions, tutorials, tips and advice should not be substituted for medical advice. 

SuperMover Subscriber Limitations of Use

i. All SuperCue choreography, music, tutorials, handouts, training manuals, images and logos are protected by copyright. It is illegal to copy or supply to others.

j.  The SuperMover Membership is designed for a single user only. It is illegal to share personal logins with others.

Cancelling a SuperMover Membership

k. A SuperMover Membership is valid for 12 months. Payment is by single annual payment in advance. No refunds will be given.

l. Membership will renew automatically, unless cancelled prior to the 12 month expiry. To cancel a SuperMover membership contact [email protected].

m. Only access to the SuperMover library will be revoked from the individual. Additional purchases such as the  Discover You - Introductory Programme will remain available in the membership library. 

n.  By continuing use of this website and any of its content, users acknowledge that they have accepted the above terms. 

• Any user of the SuperCue website and services, is personally responsible for ensuring they have read and agree to the Terms & Conditions outlined in it's Legal section of the website.
• While all care is taken to provide only appropriate exercises in its programmes, together with detailed instructions and guidelines and alternative options, it remains the exerciser's responsibility to ensure they;
  • Consult with their doctor before undertaking these exercise programmes.
  • Ensure their exercise environment is safe and appropriate following guidelines, and to exercise at the appropriate level.
• While SuperCue provides tutorials and a high volume of instructional cueing to keep the exerciser safe and moving correctly, it is the exerciser's responsibility to practise the tutorials until they feel they are at a competent and confident level.
• SuperCue requests that any concerns regarding the exercises be directed to SuperCue Management, Instructors, Assistants or licenced Organisations to ensure that it continually improves and refines its services and prevents any injury or uncertainty for other exercisers.
• The content and information on the SuperCue website are not intended to diagnose or treat any illness, nor are they intended to be substitutes for medication, medical treatment, or medical advice. Results may vary.
• SuperCue disclaims any liability for harm directly or indirectly caused by the contents of this website or the products it sells. 
• Information on this website is designed for use by its SuperMover members, SuperCue Instructors and Assistants, and SuperCue Licensed Organisations. However, it may not be modified, sold, or republished. Approved handouts and resources may be printed and distributed to SuperCue class participants. SuperCue does not warrant or promise that www.SuperCue.nz will operate on a continuous or fault-free basis, will be completely secure or private at all times, or will be free from viruses or other harmful features. However, SuperCue promises to take reasonable steps to avoid or mitigate these types of issues.
• The laws of New Zealand apply to the use of this website, and by continuing to use this website users submit to the non-exclusive jurisdiction of the Courts of New Zealand.
• SuperCue retains the right to alter, add or remove any information featured on this page at any point.
• Users of this website you are deemed to have accepted the information and terms and conditions featured on this page and throughout this website.

SUMMARY - Privacy and Data Protection

SuperCue Fitness Solutions Limited (SuperCue) complies with the Privacy Act 2020 and Information Privacy Principles (IPPs) and will collect, use and share personal data only as needed for services, ensuring data protection against loss, unauthorised access, or misuse.

DETAIL

Information Collection and Use

SuperCue Fitness Solutions Limited will collect applicable information relevant to any purchase from its website.

Opt-in to Newsletter

By purchasing a SuperCue product or signing up to the newsletter list, SuperCue Fitness Solutions Limited will collect name and email address to allow relevant information and regular newsletters to be sent. This information will never be sold, rented, traded or given in any way to another party. The user voluntarily submits this information. If user opts-in and no longer wishes to receive communication from SuperCue, they can opt-out by clicking on the unsubscribe link in the footer of SuperCue's emails or contact management at [email protected]

Payment

If product is purchased from the SuperCue site, the user's name, and payment information will be collected by SuperCue and Stripe. A secure server is used when accepting this information. All payments are processed through Stripe, which uses a secure server when accepting information. SuperCue receives  names, email addresses, phone numbers and mailing address to reference and process orders. All of this information is provided voluntarily by the user.

Traffic Statistics

SuperCue uses Google Analytics to track the way users navigate its website. Google gathers various user information such as what sites users come from, how long they stay on the site, how many pages they visit, what links they click on, and what kind of internet connection the users have, among other things. The aggregate information of all users is tallied to create traffic reports. This allows improvements to be made to the user experience. None of this information personally identifies the user.

Re-marketing

Third party vendors, including Google, show SuperCue ads on sites on the internet. Third party vendors including Google, use cookies to serve ads based on a user's prior visits to the SuperCue website. Users may opt-out of Google's use of cookies by visiting the Google advertising opt-out page.

Other Sites

In the process of using the SuperCue website, users may follow a link to other sites. They should be aware that other sites have their own unique privacy policies and information collection and use protocols. They may use cookies. SuperCue is not responsible for the policies and actions of these other websites.

Usage by Children

SuperCue does not knowingly collect information from children under thirteen years old. SuperCue will delete all information from this age group upon learning that they are under thirteen.

Future Policy Changes

SuperCue reserves the right to amend this policy in the future.

Contact

If you have any questions regarding this policy please contact [email protected]