Terms and Conditions – Fitness Image Australia
Last Updated: December 2, 2024
Agreement Overview
These terms and conditions constitute 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.
Returns
Fitness Image Australia return and refund policy
Refunds/Externals are only available on Apparel and Accessory Products purchased from Fitness Image Australia. They must be returned within 14 days of receiving your order to see if you are eligible for a refund/exchange.
Strictly NO refunds.
Eligibility and Registration
Age Requirements
- Clients must be at least 14 years of age
- Clients aged 14-15 must be supervised by an adult during training sessions
- Clients under 18 require parent/guardian authorization and signature
Registration Process
- Complete and sign the Registration Form
- Provide accurate personal and health information
- Acknowledge receipt and acceptance of these Terms and Conditions
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.