Terms and Conditions

General Conditions

Definitions

  • “I”, “Me”, “You” and “Your” means the Customer referred to in the contract.

  • “Our”, “We”, “Us”, “Coach(es)”, “Discipline Fitness” and “The Company” means The Discipline Fitness Coach (ABN: 79 669 022 634)

  • “Employee”, “Subsidiary”, “Contractor” and “Subcontractor” means anyone that is hired, employed or otherwise Contracted to The Company for the provision of Fitness Services.

  • “PayPal” means PayPal Australia Pty Ltd (ABN: 93 11 195 389)

  • “PaySmart” means FFA PaySmart (ABN: 62 695 382 965)

  • “Contract Period” means the number of weeks from the specified contract starting date.

  • “Fitness Services” has the same meaning as “Fitness Services” in The Queensland Fair Trading (Code of Practice - Fitness Industry) Regulation 2003.

General Information

For all matters relating to Fitness Services provided by The Company, please contact Us:

info@disciplinefitness.com.au

  • It is the responsibility of You to do all that is necessary to fully understand the terms of this agreement, this may involve seeking professional legal advice.

  • The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it; or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

  • Should any provision of this agreement be held by a court of competent jurisdiction to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforcement of the remaining provisions will not be affected

 

Face-to-Face Fitness Services

  • For any purchases of Face-to-Face Fitness Services, You agree to all of the Terms & Conditions in conjunction with the following.

  • Face-to-Face Services refers to the following:

    • Complimentary Session; or

    • Initial Consultation; or

    • Personal Training; or

    • Group Training; or

    • Mindset Coaching; or

    • Any other fitness service made available in person or via the Company Website that is conducted in a face-to-face setting.

  • It is up to You to take all reasonable steps to ensure that You fully understand what is involved in the delivery of Fitness Services in a Face-to-Face setting, including but not limited to:

    • Directly contacting The Company; and,

    • Reading descriptions accurately; and

    • Locating and reading any relevant Terms & Conditions, Privacy Policy or other agreements that may be so connected to a service; and

    • Any other step that reasonably is made prior to purchase.

  • Any descriptions provided on The Company website detail the minimum services to be provided and expected by You who purchase Face-to-Face Fitness Services.

  • Payments are to be made in accordance with any third party Terms and Conditions.

  • All disputes, inquiries or matters are to be dealt with as per the Terms and Conditions.

  • Purchases are non-refundable under any circumstances.

  • Purchasers agree to not claim or request any refund or raise a dispute by way of Third Party Service Providers, such as PayPal, PaySmart or any other medium of payment.

  • Face-to-Face services may be transferred as per the ‘Refunds and Transfer’ clause below.

  • All sales of and Fitness Services may incur a processing or merchant fee to cover any costs associated with taking, processing and fulfilling a purchase made and costs associated with any required technology used by Us to provide You with the Fitness Service.

  • Payments made under this agreement must be made by the means specified in the Order.

  • If there are any changes to any Face-to-Face Fitness Services provided or to be provided by Us to You, You will be notified in writing a minimum of 24 hours prior to the commencement to the use of Fitness Services.

 

Online Fitness Services.

  • For any purchases of online Fitness Services, You agree to all of the Terms & Conditions in conjunction with the following.

  • Online Fitness Services includes, but is not limited to the following:

    • Online Complimentary Session; or

    • Online Initial Consultation; or

    • Online Personal Training; or

    • Online Courses, Workshops or Seminars; or

    • Mindset Coaching; or

    • Any other Fitness Service available in person or via the Company Website that is not conducted in a face-to-face setting.

  • It is up to You to take all reasonable steps to ensure that You fully understand what is involved in the service offered on-line, including but not limited to:

    • Directly contacting The Company; and,

    • Reading descriptions accurately; and

    • Locating and reading any relevant Terms & Conditions, Privacy Policy or other agreements that may be so connected to a Fitness Service; and

    • Any other step that reasonably is made prior to purchase.

  • Any descriptions provided on The Company website detail the minimum services to be provided and expected by You who purchase online Fitness Services.

  • Payments are to be made on-line and in accordance with any third party Terms & Conditions.

  • All disputes, inquiries or matters are to be dealt with as per General Condition.

  • Online purchases are non-refundable under any circumstances.

  • Purchasers agree to not claim or request any refund or raise a dispute by way of Third Party Service Providers, such as PayPal, PaySmart or any other medium of payment.

  • On-line services may be transferred to another party provided The Company grants written consent from the purchaser and the transferee approves of receipt of the Fitness Service.

  • Online sales may incur a processing or merchant fee to cover any costs associated with taking, processing and fulfilling a purchase made and costs associated with any required technology used by Us to provide You with the Fitness Service.

  • Payments made under this agreement must be made by the means specified in the Order.

  • If there is a change to any Workshop, Seminar or Course provided or to be provided by Us to You, You will be notified in writing a minimum of 24 hours prior to the commencement of the service.

  • If you are unable to attend a Workshop, Seminar or Course that was purchased on-line and provide more than 24 hours notice, you may be afforded the opportunity to attend another Workshop, Seminar or Course up to the same value of the purchase in question at a later date.

 

What You Can Expect From Your Coach.

  • Your Coach will utilise their skills, knowledge and experience in preparation and the conducting of training sessions in a way that will take into account Your goals, fitness level, ability and preferences as well as any injuries or potential limitations to training as identified by You.

  • The role of Your Coach is to provide You coaching, supervision, advice and support that You may need to help You in performing exercises correctly and safely in efforts to progress and achieve Your goals.

  • Your Coach may prepare a structured workout plan or training program for You based on the information gathered from an initial consultation such as but not limited to:

    • Initial Exercise Questionnaires, Initial Consultation Forms; or,

    • Any Medical or Allied Health Professionals referral.

  • Nutritional guidance and advice may be provided. Any subsequent amendments will be made as arranged and agreed to between You and Your Coach.

  • Your Coach may closely monitor your progress and any programs may be revised, amended or adjusted accordingly.

  • All personal information of You will be kept private and confidential – However, in instances relating to genuine health concerns pertaining to You, Your Coach may be required to disclose information to a Medical or Allied Health Professionals in relation to any medical issues, medical conditions, medical advice, referrals, second-opinions or anything related to assisting you to achieve Your goal.

  • The Company and its Coaches may not be registered or accredited practising nutritionist(s), dietitian(s) or Exercise Physiologist(s), or any other registered allied health professional, accordingly any nutrition or medical advice should be taken as general advice and guidance, which is not intended to be in replacement of any professional, prescribed or medical advice provided to You.

  • Your sessions may be conducted, supervised and monitored by Your Coach for a duration of no less than 30 minutes unless otherwise specified or arranged between You and Your Coach.

  • Your Coach may maintain open communication with You to ensure that Your Coach can monitor progress while You are not in your scheduled session. This is a matter to be determined between You and Your Coach to arrange communication frequency and medium that will best suit You.

 

What Our Expectations Are of You.

  • It is important that You ensure that the answers provided in any documentation given to You by Us will be honest and accurate, disclosing any information that is, or maybe deemed relevant to You undertaking physical activities under the supervision of Your Coach.

  • Your Coach may recommend clearance from a doctor or medical professional be sought, however, You are responsible for seeking said clearance or advice prior to undertaking physical activity, nutritional or physical intervention under the supervision of Your Coach to prevent the risk of illness, injury or death.

  • Participate in the Initial Assessment Process or any other initial consultations or screenings that Your Coach deems relevant to be sufficient to clear You for training.

  • Dress appropriately and bring a towel or other reasonably requested equipment or apparel. You are required to wear appropriate clothing and footwear. Footwear should be comfortable and provide adequate support.

  • Bring water or other methods of hydration that is suitable for Your goals, and be adequately hydrated and nourished for Your session.

  • Bring any medication or medical equipment or devices that may be necessary whilst conducting any physical activity.

  • You are required to arrive on time for Your training session so that the full session can be achieved. It may be preferable (if possible) for You to arrive early to warm up or to allow time to complete any mobility drills, rehabilitation or other prescribed warm-ups or exercises as recommended by Your Coach(es).

  • Read and fully understand these Terms and Conditions and the Terms and Conditions of relevant payment merchants We use.

 

Risk, Indemnity and Liability.

While exercise may have positive benefits, there is an acceptance of risk that The Company requires you to be aware of.

 

  • You agree that if you engage in any physical activity, exercises, program or any other related Fitness Services with The Company, You do so at your own risk of any and all injuries, damages, illnesses You may suffer or arise as a result from your engagement.

  • Your assumption of risk includes but is not limited to, Your use of The Company’s fitness programs, training or coaching and information or guidance provided to You from The Company, Our website, Our Coaches, Employees, Contractors, Subcontractors or Subsidiaries.

  • You agree on behalf of Yourself to release and discharge The Company, Our Coach(es), Our Subsidiaries, Our Employees, Our Contractors, Our Sub-Contractors or anyone that is affiliated or related to Us from any and all claims or causes of actions (known or unknown) arising out of negligence (whether actively or passively).

  • This waiver and release of liability include, without limitation, injuries which may occur as a result of:

    • Your use of Our Fitness Services, or,

    • Your use of Our affiliates or associates products or services.

  • By exclusion of this agreement, You hereby agree to indemnify and hold no harm to the Company, Your Coach(es), Our Employees, Our Subsidiaries, Our Contractors or Our Sub-Contractors of The Company and loss, liability, damages or costs that may incur.

  • You expressly agree that the foregoing release, waiver and assumption of risk and indemnity agreements are intended to be as broad and inclusive as permitted by law in the Commonwealth of Australia and its State and Territories.

  • You are giving up your right to bring any legal action or assert a claim against The Company, Your Coach(es), Our Employees, Our Subsidiaries, Our Contractors or Our Sub-Contractors of The Company for negligence whilst under the supervision of Your Coach(es), Our Employees, Our Subsidiaries, Our Contractors or Our Sub-Contractors of The Company or purchase of Fitness Services or products and/or services from any associates or affiliates.

  • You have thoroughly read and voluntarily agreed to the waiver and release and further agree that any oral representations, statements or inducements previously discussed have been and are superseded or succeeded by this agreement.

 

Initial Consultation Documents, Health and Pre-exercise Questionnaires.

  • You must complete any documentation provided by Us which may be sent electronically to Your nominated email address and in doing so provide as much information that may be relevant for Our purposes.

  • If Your Coach recommends or refers You to a third-party allied health practitioner for assessment(s) or treatment(s) it is Your responsibility to follow this up and Your Coach is deemed to have done all that is reasonably necessary.

  • The Company and any of its affiliates, subsidiaries, subcontractors or employees reserve the right to refuse service to You if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to You as soon as it becomes apparent to the concerned Coach and may invoke the ‘Late Cancellation’ policy depending on the circumstances and reasons for the refusal.

 

Media Liability Release and Waiver.

  • By agreeing, You understand that this permission signifies that photographic, video and/or audio recordings of You may be electronically, digitally displayed via the Internet or in public or for business/commercial purposes.

  • Photographic, video and/or audio recordings may be used for the following purposes:

    • Commercial presentations; or

    • On line video platforms; or

    • Television or broadcast media distribution; or

    • Social Media; or

    • Other Digital Media applications.

  • You may be advised about the use of the photographs, audio and/or video recording for any purpose other than those listed above.

  • The Company has no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

  • By agreeing, you give The Company full permission to use images, audio and/or video recordings or Your likeness, which will be used reasonably to promote or advertise The Company. This may include:

    • Our printed publications; or

    • Adverts; or

    • Audiovisual and electronic materials; or

    • The Company's Website, or

    • Social Media applications, such as, but not limited to Facebook or Instagram; or

    • Media work; or

    • Display materials; or

    • Any other medium We may use in the future.

  • The copyright of any material which is generated as a result of any photographic, audio and/or video recordings shall be assigned and shall be the property of The Company.

  • By agreeing, You acknowledge that You have completely read and fully understand this release and agree to be bound and You hereby release any and all claims or considerations to compensations from or against The Company, Your Coach(es), Our Employees, Our Subsidiaries, Our Contractors or Our Sub-Contractors of The Company.

 

Cancellation, Rescheduling or Lateness of Booked Session.

  • If you wish to Cancel or Reschedule any booked or scheduled session with Your Coach without incurring a charge or cancellation fee Your Coach requires a minimum of 24 hours notice.

    • Notice of Cancellation must be made either:

      • Via your login on the website;

      • In-person to Your Coach; or

      • In writing via electronic communication, such as, but not limited to, email or SMS/Text message.

  • If a Cancellation or a Reschedule is made inside the minimum notice period it will be deemed a ‘Late Cancellation’ and the session will be charged accordingly.

  • Any charges resulting from Late Cancellations, Rescheduling or Lateness may be communicated to You on the first instance as a courtesy and reminder of the Cancellation Policy will be further enforced.

  • We reserve the right as to whether or not You will be charged for Late Cancellations, this determination is made on the circumstances under which You wish to make the Cancellation and any other factors Your Coach deem relevant.

  • Rescheduling of sessions must be completed outside the 24-hour notice period described above to avoid incurring a late cancellation charge.

  • You may be requested by Your Coach to reschedule or vary session times in order to accommodate other clients or other extraneous circumstances that may arise. In such instances, We appreciate Your co-operation and We may be willing to reciprocate as We see fit.

  • If for any reason Your Coach is unable to attend the session Your Coach or Employees, Subsidiaries, Contractors or Sub-Contractors of The Company We will notify You as soon as practicable, and endeavour to reschedule the session to another time that suits both parties.

  • If a You are late to Your scheduled session time, no extension of time is to be provided by Your Coach, and the session will accordingly end at the scheduled time.

  • If Your Trainer is late to Your scheduled session time, additional time will be added to the session to ensure the agreed session duration is met.

  • If at any time throughout training with The Company, You feel uncomfortable performing a movement, are concerned with risking injury, are not otherwise satisfied with the performance of Your Coach it is the responsibility of You to bring this to the attention of Your Coach or The Company immediately.

 

 

Contract Periods.

  • All contracts are for no less than 12 (Twelve) weeks from the date of your first session, after which you may continue or terminate as per the Termination clause.

  • All session times and/or prices may vary or be subject to change at any time.

 

Cool-Off Period.

  • The Company recognises the mandatory “Cool-Off” period of 48-hours as per the Queensland Department of Fair Trading (Code of Practice - Fitness Industry) Regulation 2003.

    • This means that;

      • You may cancel this agreement within 48-hours of signing; and

      • The Company must refund any fees taken within 21-days of receiving Your notice to cancel; and

      • You must pay or forfeit any funds that are owed to The Company for any Fitness Services You have used; and

      • You may be charged an administration fee for your cancellation with-in the “Cool-Off” period.

Payment Methods

Accepted methods of payment by the company are Direct Debit/Credit through PaySmart, Electronic Bank Transfer, Direct Invoicing, PayPal and Square. Receipts will be provided at the express request by You.

Direct Debit/Credit.

  • For any Direct Debit payments arranged between You and The Company, You are presumed to have read and agreed to the Direct Debit/Credit Request Agreement here for the terms and conditions as they relate to such arrangements.

  • Debits are conducted every Thursday prior to conducting the sessions on a weekly or fortnightly basis unless otherwise agreed to between the Company and You.

  • You agree to PaySmart’s surcharges, which are:

    • AUD $1.30 per weekly debit; or,

    • AUD $2.20 per fortnightly debit; or,

    • AUD $2.95 per monthly debit; and,

    • AUD +1.7% per transaction for Visa or MasterCard; or,

    • AUD +3.5% per transaction for AMEX cards,

    • A Default fee of AUD$15 which will be added onto your next direct debit payment, including the defaulted amount if a payment has failed to be debited, and

    • A one-off Administration fee of AUD $8.80.

  • The Direct Debits will continue for no less than 12 (Twelve) consecutive weeks. There may be times where Your Coach may take time off for any reason during Your Contracted Period. Sessions may be scheduled either prior to or upon returning from Your Coaches time off. Sufficient notice will be given for these instances.

  • Should you wish to take time off from your sessions, Your Direct Debts will continue if they are being conducted within the 12 week period and makeup/catchup sessions will be provided upon Your return. Sufficient notice must be given for these instances.

  • Should you wish to suspend Your Direct Debits, Your account is not in arrears and You are not placing a suspension on it within the contracted period, you may suspend your account from being debited for an agreed length of time at no cost.

  • If Your cumulative payment fails to be debited after a minimum of three consecutive attempts, and no reply to any communication made by PaySmart or The Company is made, Your account may be sent to a debt collection agency, at the discretion of The Company.

  • For the termination of Direct Debit, please refer to the Termination Clause, below.

 

Invoicing, Electronic Bank Transfer, PayPal, Square.

  • Any Fitness Services that are purchased in full must be paid for at or before the commencement of Your first use of any of Our Fitness Services.

  • The Company may provide an invoice for you on purchase of Fitness Services to You.

  • Any invoices to be paid by You will be sent to You through electronic means to your nominated email address with the following rules:

    • Payment is to be made:

      • within seven (7) days of issue, or;

      • Prior to any commencement of your Fitness Services, and:

    • Our Fitness Services to You may be suspended and may not commence until full payment is made.

  • For payments made via PayPal, you have presumed to have found, read and accepted the PayPal Terms and Conditions, and agreed-to any associated Merchant fees that apply.

  • For payments made via Square, you have presumed to have found, read and accepted the Square Terms and Conditions, and agreed-to any associated Merchant fees that apply.

Refunds of Fitness Services

  • At no time will any purchases made be refunded for a “change of mind” on any Fitness Services.

  • At no time will a refund be made for any sessions serviced or rendered unto You.

  • You may request a refund for unused sessions under the following conditions:

    • If Your Coach has consistently arrived late for Your scheduled sessions; or

    • If Your Coach has consistently rescheduled Your scheduled session within the minimum notice period.

Transfer of Fitness Services

  • If for whatever reasons You decide to physically move and your address is more than a 25-kilometre radius from where The Company conducts its Face-to-Face Fitness Services, and you are still within the contract period We may offer You access to the Online Fitness Services so that minimum term of the agreement is met.

  • If you wish to transfer from Online Fitness Services to Face-to-Face Fitness Services, We will negotiate the remainder of the term of your contract on a case-by-case basis.

 

Fitness Service Expiration.

  • If at the time of subsequent purchases You have outstanding payments due on Your Fitness Services, this may be considered in the payment agreement. Including, but not limited to, an automatic deduction equivalent to the number of outstanding of used Fitness Services owed. You will be notified of this upon Initial set-up and afforded an opportunity to rectify or contest any payments due.

  • Payments will not be refunded for any unused Fitness Services, and any unused Fitness Services will only be valid until the expiration date.

  • The Expiration date is set at a maximum of six months from:

    • When payment is made; or,

    • Your first booked session that is or is not cancelled, rescheduled or You are late to; or,

    • Your acceptance of the Terms and Conditions.

Termination of Fitness Services.

  • For all Fitness Services, if You have fulfilled the Contract Period, The Company requires a one-month notice of termination of Fitness Services. We will not withhold any services within the termination period and it is up to You and at Your discretion to undertake any remaining Fitness Services left in your account.

  • Any early termination due to any reason may be negotiated on a case-by-case basis.

  • The Company reserves the right to terminate the Fitness Services immediately and/or at Our discretion without reason.

  • Any outstanding payments may be sought after by The Company.

  • If You request to terminate within the Contract Period through becoming permanently sick or injured you must provide The Company with a certified medical form from a qualified medical practitioner stating that you cannot exercise for the rest of the Contract Period.

  • If You request to terminate due to bankruptcy, You must provide evidence to The Company.

Contact Us

The Company welcomes your questions or comments regarding the Terms and Conditions.

Email Address: info@disciplinefitness.com.au

Effective as of 6th of July, 2020.