CLIENT ACKNOWLEDGEMENT & CONSENT TO ENGAGE IN PERSONAL TRAINING, OUTDOOR BOOTCAMP, ONLINE TRAINING PROGRAMS, ONLINE COACHING AND CLEAN EATING GUIDELINES
THIS IS AN IMPORTANT DOCUMENT, WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY AND DO NOT AGREE IT UNLESS YOU UNDERSTAND IT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS, PLEASE ASK.
I understand that certain elements of personal training, outdoor group training and exercising can be physically demanding. As a condition of my participation, I accept full and complete responsibility for my own involvement, for my health, wellness, medical, physical, mental and emotional wellbeing and for the attainment of the goals that I have established for myself. I understand that all personal training sessions, group outdoor training, tailored programs and workout videos are completed under the guidance of a qualified trainer with safety as a primary aspect, but I understand injuries, illness or in rare circumstances, death, can occur.
I assume the risk of, and the responsibility for, any injury, illness, death or damage to, or loss of property, resulting from my participation in personal training, outdoor group training, doing workout videos, online exercise programs and tailored programs. I will not seek to penalise, prosecute or claim compensation from my personal trainer or from any business or company affiliated with my trainer under any circumstances or for any reason. This means I agree to hold the aforementioned free and harmless of any and all liability for death, injury or health complication that may result from or be aggravated by my participation in personal training or any physical activity under their guidance or from any program provided.
I FULLY UNDERSTAND THAT I AM FOREVER GIVING UP, IN ADVANCE, ANY RIGHT TO SUE OR MAKE CLAIMS AGAINST THE PARTIES I AM RELEASING, IF I SUFFER ANY INJURIES OR DAMAGES, EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE, I AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES OR DAMAGES IN FULL. I UNDERSTAND THIS CONSENT FORM AND AM NOT UNDER ANY PHYSICAL OR EMOTIONAL DURESS TO SIGN.
I have acknowledged the recommendation that I obtain a doctor’s written approval prior to participating in any physical activity. I hereby state that all information I have supplied through pre-exercise screening and any assessments I complete is true, honest and whole. I have disclosed any information that is important in regards to my health, physical and medical condition. I have read and understand the foregoing. Any question’s, which may have occurred to me, have been answered to my satisfaction.
1. CANCELLATION POLICY
I understand there is a 24-hour cancellation policy for all personal training one-on-one sessions. If I am to cancel within 24 hours of the booking, the session will be forfeited. All cancellations must be made by calling or texting my personal trainer directly on their mobile phone.
2. LATE POLICY
I understand there is a late policy for all personal training sessions. If I am more than 15 minutes late to a Personal Training session, the session can be cancelled at the discretion of my trainer and the session will then be forfeited. If I am running late I understand it is my responsibility to call my trainer and inform them as soon as possible.
3. BOOTCAMP & OUTDOOR GROUP TRAINING POLICY
I understand that the trainer reserves the right to cancel, change locations or reschedule outdoor training due to the weather or unforeseen circumstances.
4.1 In purchasing Personal training packs you abide by the terms and conditions of purchase due to discounts of the services.
6.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program nor in respect of any use of the products or services offered by the Website.
6.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
6.3 At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim.
6. MEDICAL DISCLAIMER
6.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
6.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
7. LIMITAION AND LIABILITY
7.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
8. OUR RIGHTS TO MODIFY SERVICES
8.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website, programs, services and/or the Terms and Conditions, as we see fit.8.2 We will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.
9.1 These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
10.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website, training programs and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
10.2 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
11.1 We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
11.2 We will manage your personal information in accordance with the requirements of Australian laws.
11.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
12.1 Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the website, personal training, tailored programs, workout videos, online coaching and online programs.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
By pressing "I accept" you agree and accept the terms of this agreement.