Terms and Conditions – Fitness Image Australia

Last Updated: December 2, 2024

Agreement Overview

These terms and conditions make up a legally binding agreement between Fitness Image Australia Pty Ltd (“Fitness Image Australia,” “we,” “our,” or “us”) and the Client (“you,” “your,” or “Client”) detailed on the completed Registration Form.

Guarantee

The 42 Day Lean Body Reset has a guarantee. Clients will lose 5kg in 6 weeks (42 days). To qualify, you must:

• Follow our nutrition guidelines every day
• Follow the activity guidelines every week
• Follow any steps or instructions from Fitness Image 100% of the time
• Read and learn from all the guides on the app
• Respond to messages within 24 hours
• Be receptive to feedback and answer questions we have
• Attend all the personal training sessions
• Heart rate for the personal training sessions must be a minimum of 140

The above qualifications must be met 100% of the time to qualify for the refund.

Fair use policy: If you lose 4.7kg in 6 weeks, you will not qualify for the full refund guarantee. If we feel that the client is trying to game the system, we will notify the client as to why we think this. After that, we reserve the right to cancel the sessions and guarantee and refund the difference within reason.

To receive a full refund, please provide proof of completion of the program and following the steps inside the program. And we will review it and once accepted, will refund you in full within 30 days. Email mail@fitnessimage.com.au with your submission.

Risk Acknowledgment

The Client acknowledges and agrees that:

Physical Activity Risks

• Exercise and fitness activities involve inherent risks
• Participation may result in injury, illness, or in extreme cases, death
• Personal property may be lost, stolen, or damaged
• Other participants may cause injury or property damage
• The Client may cause injury to others or damage their property

Health Declaration
The Client warrants that they are:

• Physically and medically fit to participate in training
• Responsible for informing Fitness Image Australia of any health changes
• Required to obtain medical clearance if requested

Liability and Indemnity

Release of Liability
The Client:

• Participates in all activities at their sole risk
• Assumes full responsibility for any injury, death, or property damage
• Releases Fitness Image Australia from all claims arising from ordinary negligence

Indemnification
The Client agrees to indemnify and hold harmless Fitness Image Australia, its employees, agents, and contractors from:

• Personal injury claims
• Property damage claims
• Legal costs and expenses
• Third-party claims
• Claims arising from breach of these terms

Payment and Cancellation

Financial Obligations

• All fees are payable in advance
• Payment processing through authorized payment provider
• Late payments incur additional fees

Cancellation Policy

• 24-hour notice required for session cancellation
• Late cancellations charged at full session rate
• No refunds for missed sessions

Property and Conduct

Facility Rules

• Proper athletic attire required
• Respectful behavior towards staff and other clients
• Proper use of equipment and facilities
• Compliance with health and safety protocols

Personal Property

• Fitness Image Australia not responsible for lost or stolen items
• Secure storage of valuables is Client’s responsibility

Termination Rights

Fitness Image Australia reserves the right to terminate services if:

• Client breaches these terms
• Payment obligations are not met
• Medical concerns arise
• Inappropriate conduct occurs

Privacy and Data Protection

We collect and manage personal information in accordance with:

• Privacy Act 1988 (Cth)
• Australian Privacy Principles
• Our Privacy Policy

Governing Law

This agreement is governed by:

• Laws of Victoria, Australia
• Australian Consumer Law
• Fitness Industry Code of Practice

All disputes shall be subject to the exclusive jurisdiction of Melbourne, Victoria courts.

Amendments

Fitness Image Australia reserves the right to:

• Modify these terms with 30 days’ notice
• Update pricing and services
• Change operational procedures

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Terms of Service Agreement

Welcome to Fitness Image Australia (“we,” “our,” or “us”). By accessing our services, you agree to these Terms of Service (“Agreement”). Please read these terms carefully before engaging our services.

Definitions

“Services” refers to personal training, fitness instruction, program design, and related services provided by Fitness Image Australia

“Client” refers to any individual who engages our personal training services.

Qualifications and Certification

Our trainers hold the required Certificate III in Fitness and Certificate IV in Fitness qualifications as mandated by Australian law.

Service Terms

Session Details

• Sessions are scheduled for 45 minutes
• Training locations: your house, a park near you, or one of our studio gyms
• Services include personalized program design, fitness assessment, and exercise instruction
• Nutritional guidance provided is general in nature and not medical advice

Booking and Attendance

• Sessions must be booked in advance
• 24-hour cancellation notice required
• Late arrivals will result in shortened sessions with full payment due

Payment Terms

Fees and Charges

• All fees are in Australian Dollars (AUD)
• Payment required before service commencement
• Accepted methods: Credit card, direct deposit

No Refund Policy

• All purchases are final and non-refundable
• No refunds for missed sessions
• Package purchases are non-transferable
• Medical emergencies considered on case-by-case basis

Health and Safety

Client Obligations

• Complete health questionnaire truthfully
• Disclose all medical conditions
• Obtain physician clearance if requested
• Report changes in health status
• Follow trainer instructions

Risk Acknowledgment and Waiver

Assumption of Risk
Client acknowledges and accepts:

• Exercise carries inherent risks
• Potential for bodily injury
• Possible property damage
• Risk of heart attack, muscle strain, or other injuries

Release of Liability
Client hereby releases Fitness Image Australia from:

• Claims arising from ordinary negligence
• Personal injury claims
• Property damage claims
• Claims by third parties

Indemnification

Client agrees to indemnify and hold harmless Fitness Image Australia, its employees, and contractors from:

• Legal costs
• Claims arising from breach of agreement
• Claims from third parties
• Damages resulting from client’s conduct

Privacy Policy

We collect and manage personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles, including:

• Contact information
• Health information
• Payment details
• Progress measurements

Intellectual Property

All materials, programs, and content remain the exclusive property of Fitness Image Autralia. Reproduction or distribution is prohibited without written consent.

Termination

We reserve the right to terminate services if:

• Payment obligations are not met
• Client violates these terms
• Medical concerns arise
• Inappropriate conduct occurs

Governing Law

This agreement is governed by:

• Laws of Victoria, Australia
• Australian Consumer Law
• Fitness Industry Code of Practice

Any disputes shall be subject to the exclusive jurisdiction of courts in Melbourne, Victoria.

Changes to Terms

We reserve the right to modify these terms with 30 days’ notice. Continued use of services constitutes acceptance of modified terms.

Contact Information

Fitness Image Australia
1208/320 Plummer st Port Melbourne VIC 3207
ABN: 42 609 249 301
Phone: 0402826824
Email: mail@fitnessimage.com.au

By engaging our services, you acknowledge reading, understanding, and agreeing to these terms.