Terms & Conditions
for the Services
1.1. We agree to provide the Services described in the Schedule in accordance with the terms in this Contract. We will provide these Services in a professional manner and in accordance with generally accepted industry practice and standards.
1.2. The scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Personal Trainer, it would benefit you or be required to meet the terms of this Contract.
2. WARRANTIES AND GUARANTEES
2.1. Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law. At no time are these statutory rights sought to be excluded.
2.2. We represent and warrant that, at all times, we have the professional skills, expertise and certifications to be able to provide the Services in accordance with professional industry standards and best practice.
2.3. You acknowledge and agree that fitness program results vary from individual to individual. For this reason, the performance, progress and success of our Services is reliant on you and your requirements.
We cannot and do not guarantee any particular or any results and you are solely responsible for your progress.
2.4. If any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns and give us an opportunity to address them. We will use reasonable efforts to address and resolve your concerns, however, at no time do we guarantee or warrant any performance or altered progress.
3.1. All Sessions must be scheduled and agreed in advance, including any Sessions which are rescheduled due to unavailability of either you or us.
3.2. In the event you are unable to attend or wish to reschedule your session, you are required to give at minimum the Cancellation Notice Period set out in the Schedule, so that the session can be offered to another client. Any Sessions that do not meet the minimum Cancellation Notice Period may be forfeited, are non-refundable and may not be rescheduled.
3.3. In the event we are required to cancel any session or appointment, including but not limited to any group Sessions, we will either reschedule at a time convenient to you, the session will be transferred to another date or your fee will be refunded.
3.4. We may, in our sole discretion, cancel any group Sessions if there are not sufficient participants or for other reasons which may be out of our control. In this case, we will provide a full refund to you.
3.5. We may provide another suitably qualified representative to perform the Services when we are unable to do so personally. In this case, we are not required to provide any refund to you.
4. PAYMENT AND REFUNDS
4.1. Payment will be made promptly in accordance with the Schedule and any invoices. Any late payment may result in cancellation of further Sessions and all Services in our sole discretion.
4.2. As we have blocked out specific time periods to provide the Services to you, any cancellation or termination and refund of Services would be to our detriment. For this reason, there are no refunds for change of mind or similar. Refunds are granted in very limited circumstances and in our sole discretion.
4.3. All Sessions must finish on time at the originally scheduled time, unless otherwise agreed. Any scheduled Sessions delayed by your late attendance will finish at the nominated and agreed original time, in order to not disadvantage other clients that may be scheduled after your session.
5. SENSITIVE INFORMATION AND PRIVACY
5.1. We only collect the Personal Information, including Contact Information, Personal Information, Motivation and Medical History (together ‘Sensitive Information’), we need in order to perform our Services.
5.2. We comply at all times with the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997 which regulates how Sensitive Information is handled.
5.3. We keep your Sensitive Information secure and do not use it for any purposes unrelated to our Services. All our employees and any staff who may have access to your Sensitive Information are under a strict duty of confidentiality and privacy practices are adhered to.
5.4. We will not disclose your Sensitive Information without your consent or unless required to due to medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
5.5. From time to time, we may use your Contact Information to provide you with information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and you will be removed from any contact or marketing lists.
5.6. You can access your Sensitive Information at any time by request. While you are using our Services you will notify us of any changes so the information is kept up to date. If you no longer use our Services your Sensitive Information will be securely destroyed within 12 months.
6. RELATIONSHIP AND OWNERSHIP OF IP
6.1. We are engaged to provide you with the Services as agreed only. You will not use any of, and you acknowledge that we own all proprietary rights to, our brand, style, logo, name and all relevant copyrights, patents and other intellectual property. You agree that all work, product design, program ideas and images are exclusive to us and our business.
6.2. You must not use the relationship or our business, logo or any copyrighted materials resulting from the Services to promote you, your business or your work without our written permission. You also agree not to represent yourself as an affiliate or in any way affiliated with our brand, name or business in any manner without our permission.
6.3. In any event and to clarify, you agree that nothing in these terms gives you any interest or right to use or represent affiliation in any manner in any of our intellectual
property or goodwill existing at any time or in any of the intellectual property
or goodwill derived from the performance of the Services under this Contract.
7. LIMITATION OF LIABILITY
7.1. We and our representatives are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly with all or any part of the Services.
7.2. You shall indemnify and hold harmless the Personal Trainer and any of our representatives from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
7.3. The liability of the Personal Trainer is governed solely by the Australian Consumer Law and this Contract. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
7.4. In the event of any successful claim, the liability of the Personal Trainer is limited to the last fees paid by you to the Personal Trainer.
7.5. You also agree to take over any action by any third party which is a direct or indirect result of any action or inaction by you or your representatives.
8.1. If a dispute arises, both parties agree that confidentiality is paramount to maintaining both our reputations. At no time will any communications or discussions be made public, this includes but is not limited to any social media, forums, review sites or websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
8.2. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
9. GOVERNING LAW
9.1. This Contract is governed by the laws from time to time in force in the State set out in the Schedule and both parties agree to unconditionally submit to the exclusive jurisdiction of their Courts for determining any dispute concerning this Contract.