Legal Information
Terms and Conditions
Last updated: 2 December 2024
Contract Overview
These terms and conditions form a legally binding agreement between Fitness Image Australia Pty Ltd ("Fitness Image Australia", "we", "our" or "us") and the Client ("you", "your" or "Client"), as listed in the completed registration form.
Guarantee
The 42-day body reset program is covered by a guarantee. The Client will lose 5 kg in 6 weeks (42 days). To be eligible, you must:
- Follow our nutrition guidelines every day
- Follow the recommended activity each week
- Fully comply with all steps and instructions from Fitness Image
- Read and learn from all guides in the app
- Respond to messages within 24 hours
- Be open to feedback and answer our questions
- Attend all personal training sessions
- Heart rate during personal training sessions must be at least 140
The above conditions must be met fully to be eligible for a refund.
Fair use policy: If you lose 4.7 kg in 6 weeks, you are not eligible for a full refund guarantee. If we believe a client is attempting to circumvent the system, we will alert the client and explain why. We then reserve the right to cancel sessions and the guarantee and refund the difference in a reasonable manner.
To receive a full refund, please provide proof of program completion and compliance with all steps within the program. We will review and, upon approval, refund the full amount within 30 days. Please send your request to [email protected].
Acknowledgement of Risks
The Client confirms and agrees that:
Risks Associated with Physical Activity
- 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 or property damage to others
Health Declaration
The Client declares that:
- They are physically and medically fit for training
- They are obligated to inform Fitness Image Australia of any changes in health status
- They are obligated to provide medical clearance upon request
Liability and Indemnification
Waiver of Claims
The Client:
- Participates in all activities at their own 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, representatives and contractors from:
- Claims for personal injury
- Claims for property damage
- Legal costs and expenses
- Third-party claims
- Claims arising from breach of these conditions
Payment and Cancellation
Financial Obligations
- All fees are paid in advance
- Payments are processed through an authorized payment service provider
- Late payments are subject to additional fees
Cancellation Terms
- Session cancellation requires 24 hours notice
- Late cancellations are charged at the full session rate
- Missed sessions are non-refundable
Property and Conduct
Facility Rules
- Appropriate athletic wear is required
- Respectful behavior toward staff and other clients
- Proper use of equipment and facilities
- Compliance with health and safety protocols
Personal Property
- Fitness Image Australia is not responsible for lost or stolen items
- Secure storage of valuables is the Client's responsibility
Right to Terminate
Fitness Image Australia reserves the right to terminate services if:
- The Client breaches these conditions
- Payment obligations are not met
- Health concerns arise
- Inappropriate behavior 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:
- The laws of Victoria, Australia
- Australian Consumer Law
- The fitness industry code of ethics
All disputes are subject to the exclusive jurisdiction of the courts in Victoria.
Changes
Fitness Image Australia reserves the right to:
- Modify these conditions with 30 days notice
- Update pricing and services
- Change operational procedures
By using our services, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
Service Agreement
Welcome to Fitness Image Australia ("we", "our" or "us"). By using our services, you agree to these Terms of Service ("Agreement"). Please read these conditions carefully before ordering our services.
Definitions
"Services" means personal training, fitness instruction, program design and related services provided by Fitness Image Australia.
"Client" means any individual who uses our personal training services.
Qualifications and Certifications
Our trainers hold Certificate III in Fitness and Certificate IV in Fitness qualifications, as required by Australian legislation.
Service Terms
Session Details
- Sessions are scheduled for 45 minutes
- Training locations: at your home, in a nearby park or at one of our studios
- Services include individual program design, fitness assessment and exercise instruction
- Nutrition advice provided is general in nature and does not constitute medical advice
Booking and Attendance
- Sessions must be booked in advance
- Cancellation must be notified 24 hours in advance
- Late arrival results in shortened session at full price
Payment Terms
Fees and Charges
- All fees are in Australian dollars (AUD)
- Payment is required before service commences
- Accepted methods: credit card, direct deposit
Cancellation Policy
- Missed sessions are non-refundable
- Purchased packages are non-transferable
- Medical emergencies are assessed on a case-by-case basis
Health and Safety
Client Obligations
- Complete health questionnaire truthfully
- Disclose all health concerns
- Obtain medical clearance upon request
- Report changes in health status
- Follow trainer instructions
Acknowledgement of Risks and Waiver of Claims
Assumption of Risk
The Client acknowledges and accepts:
- Exercise carries inherent risks
- Possibility of injury
- Possible property damage
- Risk of heart attack, muscle strain or other injuries
Waiver of Claims
The Client hereby releases Fitness Image Australia from:
- Claims arising from ordinary negligence
- Claims for personal injury
- Claims for property damage
- Third-party claims
Indemnification
The Client agrees to indemnify and hold harmless Fitness Image Australia, its employees and contractors from:
- Legal costs
- Claims arising from breach of agreement
- Third-party claims
- Damages arising from Client's actions
Intellectual Property
All materials, programs and content remain the exclusive property of Fitness Image Australia. Reproduction or distribution without written consent is prohibited.
Governing Law
This agreement is governed by the laws of Victoria (Australia), Australian Consumer Law and the fitness industry code of ethics. All disputes are subject to the exclusive jurisdiction of the courts in Victoria.
Changes to Terms
We reserve the right to modify these terms with 30 days notice. Continued use of our services indicates your agreement to the modified terms.
Contact Information
Fitness Image Australia
1208/320 Plummer St, Port Melbourne VIC 3207, Australia
ABN: 42 609 249 301
Contact Person: Talya
Phone: +61 402 826 824
Email: [email protected]
By using our services, you confirm that you have read, understood and agree to these terms.
