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Terms and Conditions
The Discipline Fitness Coach
ABN: 79 669 022 634
Effective Date: 23rd of October, 2025
Jurisdiction: Queensland, Australia

 

1. Introduction

Welcome to The Discipline Fitness Coach. By accessing or using our website, programs, or services — including personal training, online coaching, fitness programming, and NDIS support — you agree to be bound by these Terms and Conditions.

If you do not agree, please refrain from using our services.

  • "The Discipline Fitness Coach", "we", "our", and "us" refer to the business owned and operated by Thomas Farrell (ABN 79 669 022 634).

  • "You", "the client", or "participant" refers to any individual engaging our services, whether privately funded or funded through the National Disability Insurance Scheme (NDIS).

  • "Fitness services" has the meaning given in the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003.

These Terms and Conditions comply with the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 and applicable consumer protection legislation.

 

2. Services Provided

We offer a range of services, including, but not limited to:

  • Personal Training (1:1, semi-private, and small group)

  • Online Coaching and Fitness Programming

  • Nutrition and Habit Guidance

  • The 5 Pillar Coaching Program

  • NDIS Fitness and Capacity-Building Supports

  • All other programs that are listed on our website.

All services are provided either in-person, online, or through affiliated platforms such as PTminder, Calendly, and our website.

 

3. General Terms of Service

3.1 Health Disclosures and Risk Acknowledgement

  • All clients must complete a Pre-Exercise Questionnaire (PAR-Q) and disclose relevant health information before commencing any physical activity.

  • If you believe there is a risk to your health by participating in a fitness service, you must inform us in writing about the risk.

  • You acknowledge that participation in exercise carries inherent risk, and you accept full responsibility for your own safety and well-being during sessions.

  • You agree to follow all safety instructions and use equipment appropriately.

3.2 Right to Refuse or Discontinue Services

We reserve the right to refuse or discontinue services if it is deemed unsafe to continue, or if your condition requires services beyond our skills and expertise.

3.3 Access to Code of Practice

  • We maintain a copy of the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 available for your perusal.

  • Upon request, we will promptly advise you where to obtain a copy of this code.

  • The code can be accessed at www.legislation.qld.gov.au

 

4. Contract Terms and Minimum Periods

4.1 Regular Clients (Non-NDIS)

4.1.1 Minimum Contract Period

All regular (non-NDIS) clients entering into fitness services agreements are subject to a minimum contract period of 12 weeks ("Minimum Contract Period").

This minimum period applies to:

  • Personal training packages

  • Online coaching programs

  • Group training memberships.

  • Any services provided by us

4.1.2 Cooling-Off Period

Notwithstanding the Minimum Contract Period, you have a 48-hour cooling-off period that commences:

  • On the day you enter into the agreement with us

During the cooling-off period, you may terminate the agreement by providing written notice to info@disciplinefitness.com.au

If you terminate during the cooling-off period:

  • We will refund fees paid less any unpaid fees for services already provided.

  • We may deduct an administration fee (maximum of $75 or 10% of the membership fee, whichever is lesser)

  • The refund will be paid within 21 days.

4.1.3 After the Minimum Contract Period

After completing the 12-week Minimum Contract Period, your agreement automatically converts to an ongoing rolling contract that continues indefinitely until terminated by either party.

To terminate the ongoing rolling contract:

  • Either party must provide 28 days' written notice of termination

  • Notice must be sent to info@disciplinefitness.com.au (for client terminations) or by us to your registered email address if we terminate our services to you

  • We will not withhold any services during the 28-day notice period.

  • It is at your discretion to utilise any remaining sessions in your account during this period. We may, at our discretion, provide services beyond the 28-day notice period.

4.1.4 Termination Within the Minimum Contract Period

If you wish to terminate within the 12-week Minimum Contract Period:

For Permanent Sickness or Physical Incapacity:

  • You may terminate immediately by providing:

    • Written notice to info@disciplinefitness.com.au, and

    • A medical certificate from a qualified medical practitioner stating that you cannot continue exercising for at least 5 years or the remainder of the contract term (whichever is greater)

  • We will refund a proportion of fees representing the unused part of the agreement, less:

    • Any unpaid fees for services provided, and

    • An administration fee (maximum of $75 or 10% of the membership fee, whichever is less)

  • The refund will be paid within 21 days.

For Compassionate Circumstances:

You may terminate immediately within the Minimum Contract Period without penalty in the following compassionate circumstances:

  1. Domestic Violence or Family Violence:

    • You may terminate immediately if you are directly affected by domestic violence or family violence that prevents you from safely or reasonably continuing services.

    • Supporting documentation may include (but is not limited to):

      • A statutory declaration

      • Police report or reference number

      • Intervention order, protection order, or similar court order

      • Letter from a domestic violence support service, social worker, counsellor, or psychologist

      • Medical certificate or health professional letter

    • All information will be treated with the strictest confidence and sensitivity.

    • No termination fee will apply.

    • We will refund a proportion of fees representing the unused part of the agreement, less any unpaid fees for services already provided.

    • No administration fee will be charged in these circumstances.

    • The refund will be paid within 14 days.

  2. Other Compassionate Circumstances:

    • Other significant life circumstances may be considered on a compassionate basis, including but not limited to:

      • Death of an immediate family member

      • Significant change in financial circumstances (e.g., loss of employment, bankruptcy)

      • Relocation due to circumstances beyond your control (e.g., employment transfer, family care responsibilities)

      • Serious injury or illness of a family member requiring your care.

    • Supporting documentation should be provided where reasonably available.

    • We will assess each situation fairly and with sympathy.

    • Termination fees may be waived or reduced at our discretion.

    • We will respond to your request within 5 business days.

For Other Circumstances:

  • Termination within the Minimum Contract Period for reasons other than those listed above will be negotiated on a case-by-case basis.

  • A termination fee may apply as disclosed in your service agreement.

  • We will make every reasonable effort to respond quickly and fairly to your request.

4.2 NDIS Participants

NDIS participants are not subject to the 12-week Minimum Contract Period for regular clients.

NDIS participants' contract terms, termination rights, and notice periods are governed exclusively by:

  • The NDIS Services Agreement executed between you and The Discipline Fitness Coach

  • The NDIS Act 2013 (Cth), NDIS Rules, and NDIS Price Guide

  • The NDIS Code of Conduct and Practice Standards

For clarity, NDIS participants should refer to the separate NDIS Services Agreement document for all terms specific to NDIS-funded services, including:

  • Service commencement and termination procedures.

  • Cancellation policies (typically 2 clear business days for services under 8 hours and under $1,000; 5 clear business days for other services)

  • Payment and invoicing arrangements

  • Rights and responsibilities

 

5. Payments and Billing

5.1 Payment Requirements

  • All payments will be processed in advance of scheduled sessions or programs unless otherwise arranged in writing.

  • Accepted payment methods include Ezidebit, direct debit, or online payment via our website.

5.2 Recurring Billing

For subscription or recurring billing agreements, you authorise The Discipline Fitness Coach (and its payment providers) to process payments on the agreed schedule.

5.3 Non-Payment

Failure to make payment may result in suspension or termination of services. The Company reserves the right to seek outstanding payments.

5.4 Fee Disclosure

Before entering into any membership agreement or service contract, we will provide you with a clearly expressed written statement containing:

  • Each fee you must pay under the agreement.

  • What fitness service is each fee payable for

  • When each fee is payable

  • The total amount of fees payable

  • Any administration fees, termination fees, or other charges that may apply.

This includes disclosure of:

  • Initial joining fees (if applicable)

  • Membership or session fees

  • Fees for each visit or service

  • Administration fees (for termination during cooling-off or due to permanent sickness/incapacity)

  • Termination fees (for termination outside the cooling-off period or permanent sickness/incapacity)

  • Transfer fees (if applicable)

  • Suspension fees (if applicable)

  • Any other fees that may be payable

 

6. Cancellations and Rescheduling

6.1 Standard Clients (Non-NDIS)

  • A minimum of 24 hours' notice is required to cancel or reschedule a session.

  • Sessions cancelled with less than 24 hours' notice may be charged in full.

  • Repeated late cancellations may lead to termination of your service package.

6.2 NDIS Clients

Cancellation policies for NDIS participants are set out in the NDIS Services Agreement:

  • For services less than 8 hours duration and under $1,000 total price:
    Less than 2 clear business days' notice may result in a cancellation fee of up to 100% of the session cost.

  • For services not meeting the above criteria:
    Less than 5 clear business days' notice may result in a cancellation fee of up to 100% of the session cost.

  • Repeated cancellations may trigger a review or discontinuation of services under your NDIS Service Agreement.

  • Exceptions may apply in compassionate circumstances or emergencies at our discretion.

6.3 No-Show Policy

You agree that we may charge you 100% of the relevant session fee if you:

  • Do not show up for a scheduled service within a reasonable time, or

  • Are not present at the agreed place within a reasonable time when we are travelling to deliver services.

 

7. Refund Policy

7.1 General Refund Policy

Refunds are not provided for:

  • Change of mind (except during the cooling-off period)

  • Missed sessions.

  • Lack of participation

  • Undesirable results

7.2 Discretionary Refunds and Compassionate Circumstances

Refunds or credits may be offered at our discretion in the event of:

  • Injury or illness (with medical certificate)

  • Compassionate circumstances, including:

    • Domestic violence or family violence (see section 4.1.4 for full details and documentation requirements)

    • Death of an immediate family member

    • Bankruptcy

    • Other significant life circumstances are assessed on a case-by-case basis.

Evidence (such as medical certificates, statutory declarations, police reports, or statutory declarations) should be provided where reasonably available. All information related to domestic violence will be treated with the strictest confidence and handled with sensitivity and respect.

7.3 NDIS-Funded Services

For NDIS-funded services, refunds or payment reversals will follow NDIS payment rules and plan management procedures as outlined in your NDIS Services Agreement.

 

8. Health and Safety

8.1 Your Obligations

  • You must disclose all medical conditions, injuries, medications, or physical limitations before training.

  • You must notify us of any changes in your health status immediately or as soon as practicable.

  • If you believe there is a risk to your health by participating in our fitness services, you must inform us in writing about the risk.

8.2 Our Obligations

The Discipline Fitness Coach will take reasonable precautions to provide a safe training environment, but you acknowledge your duty of care in participating.

8.3 Emergency Medical Assistance

In an emergency, you authorise us to seek medical assistance on your behalf and agree to cover associated costs.

8.4 Health Risks We Need to Know About

Please inform our staff if you or your child has any of the following:

  • Heart condition impacting engagement in physical activity.

  • Seizures

  • Severe respiratory conditions (e.g., asthma)

  • Severe allergies

  • Severe phobias

  • History of absconding (running away, running onto busy roads, etc.)

 

9. NDIS-Specific Terms

9.1 NDIS Services Overview

The Discipline Fitness Coach delivers fitness and personal training supports under the Capacity Building – Improved Health and Wellbeing category of NDIS funding.

All services comply with:

  • NDIS Act 2013 (Cth)

  • NDIS Code of Conduct

  • NDIS Practice Standards

  • Privacy Act 1988 (Cth)

9.2 NDIS Service Agreements

Before commencing NDIS-funded services, a separate NDIS Service Agreement will be signed by the Participant (or their representative) and The Discipline Fitness Coach.

This Agreement outlines:

  • The supports and sessions to be delivered.

  • Agreed rates (aligned with the NDIS Price Guide)

  • Responsibilities of both parties

  • Payment method (self-managed, plan-managed, or NDIA-managed)

  • Notice periods and termination terms specific to NDIS services.

9.3 Pricing and Invoicing

  • NDIS service rates are consistent with the current NDIS Price Guide.

  • Invoices will be issued to the Participant (self-managed), Plan Manager, or directly through the NDIS portal (NDIA-managed).

  • Payment terms are within 7 days of invoice unless otherwise stated.

9.4 Participant Rights and Responsibilities

Participants have the right to:

  • Receive services in a safe, respectful, and inclusive environment.

  • Have their privacy, dignity, and independence respected.

  • Be informed about all aspects of their service delivery.

  • Provide feedback or complaints without discrimination.

Participants agree to:

  • Provide accurate and up-to-date information.

  • Notify us of any changes to their NDIS plan or funding.

  • Attend scheduled appointments on time and communicate changes promptly.

9.5 Feedback and Complaints for NDIS Participants

We value feedback and manage all complaints fairly and confidentially.

To lodge feedback or a complaint:

Complaints will be acknowledged within five (5) business days and resolved promptly in accordance with our Feedback and Complaints Management Policy.

If you are unsatisfied, you may escalate to the NDIS Quality and Safeguards Commission:

9.6 Privacy for NDIS Participants

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).

Information will only be shared with relevant parties (e.g., support coordinators, plan managers, NDIA) with your consent unless required by law.

9.7 Insurance and Compliance

The Discipline Fitness Coach maintains:

  • Public Liability Insurance covering NDIS-related services

  • Professional Indemnity Insurance

  • Current First Aid and CPR certification

  • Working with Children Checks (Blue Cards) where required.

 

10. Intellectual Property

All website content, program materials, guides, and resources provided by The Discipline Fitness Coach remain our intellectual property.

You may not copy, distribute, or reproduce any content without prior written permission.

 

11. Limitation of Liability

11.1 General Limitation

To the maximum extent permitted by law, The Discipline Fitness Coach and its employees, contractors or agents are not liable for:

  • Injury, loss, or damage resulting from participation in fitness services.

  • Equipment misuse or failure to follow instructions.

  • Indirect or consequential losses

  • Undesirable results

11.2 Australian Consumer Law

Nothing in these Terms excludes liability where it cannot be lawfully excluded under the Australian Consumer Law, including guarantees that services will be provided with due care and skill.

 

12. Termination of Services

12.1 Termination by Either Party After Minimum Period (Regular Clients)

For regular (non-NDIS) clients who have fulfilled the 12-week Minimum Contract Period:

  • Either party may terminate the ongoing rolling contract with 28 days' written notice

  • Notice must be in writing to the appropriate email address.

  • We will not withhold any services within the termination period.

  • It is up to you to undertake any remaining sessions during this period.

12.2 Termination Within Minimum Period (Regular Clients)

Termination within the 12-week Minimum Contract Period may occur:

By the Client:

  • During the 48-hour cooling-off period (see section 4.1.2)

  • Due to permanent sickness or physical incapacity (see section 4.1.4)

  • For other reasons on a case-by-case negotiated basis (termination fees may apply)

By The Company:

The Company reserves the right to terminate services immediately at our discretion, including but not limited to:

  • Non-payment of fees

  • Breach of these Terms and Conditions

  • Unsafe behaviour or failure to follow safety instructions.

  • Violence, abuse, aggression, theft, or property damage

  • Changes in your condition requiring services beyond our capacity or expertise.

  • Repeated failure to attend appointments or communicate changes.

Any outstanding payments may be sought by The Company.

12.3 NDIS Participants

NDIS participants' termination rights and procedures are governed by the NDIS Services Agreement, which includes provisions for:

  • Termination with at least 4 weeks' written notice by either party.

  • Immediate termination by us in specified circumstances (e.g., cessation of NDIS funding, safety concerns, breach of agreement, unacceptable behaviour)

  • Immediate termination by you at any time with written notice

 

13. Privacy Policy

13.1 Collection and Use of Information

Your personal data is collected and stored securely for service delivery and communication purposes.

We collect and use information in accordance with:

  • Privacy Act 1988 (Cth)

  • Australian Privacy Principles (APPs)

  • Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003

13.2 Confidentiality

We will not use or disclose confidential information about you obtained through our business of supplying fitness services, except:

  • For a purpose authorised in writing by you

  • Where information must be lawfully used or disclosed (e.g., to comply with legal process)

Special Protection for Sensitive Information:

We treat information about domestic violence, family violence, and other sensitive personal circumstances with the highest level of confidentiality and care. Such information:

  • Will never be shared with third parties without your explicit written consent (except where required by law)

  • Will be stored securely with restricted access.

  • Will be handled with sensitivity, respect, and without judgment.

  • Will not affect your access to or quality of services.

13.3 Communication Consent

You consent to be contacted via email, SMS, or phone for purposes related to your training, scheduling, or feedback.

13.4 Full Privacy Policy

Full details are outlined in our Privacy Policy, available on our website at https://www.disciplinefitness.com.au/privacy-policy

 

14. Complaints and Dispute Resolution

14.1 Our Commitment

We make every reasonable effort to resolve quickly and fairly any complaint made by a client about the supply of fitness services.

14.2 How to Make a Complaint

You may lodge a complaint:

14.3 Complaints Handling Procedure

We maintain a complaint handling procedure that:

  • Is simple and easy to use.

  • Complies with AS ISO 10002—2006 (Customer satisfaction—Guidelines for complaints handling in organisations)

  • Ensures complaints are acknowledged within 5 business days.

  • Aims to resolve complaints promptly and fairly.

14.4 External Dispute Resolution

If you are not satisfied with our response, you may contact:

For NDIS-related complaints:

For other complaints:

 

15. Promotional Material and Advertising

15.1 Truthful Advertising

We ensure promotional material about our fitness services is:

  • Truthful, accurate, and unambiguous

  • Does not encourage unrealistic expectations of outcomes achievable from our fitness services.

15.2 No False Claims

We do not and will not:

  • Falsely claim to be a member of, or endorsed by, an organisation or association

  • Make deliberately misleading or false comparisons with fitness services supplied by other suppliers.

  • Tell clients that a reward or gift is free if the fitness services are increased in price or decreased in quality because of the reward or gift.

 

16. Professional Conduct

16.1 Our Commitments

During the term of any agreement with you, The Discipline Fitness Coach will:

  • Act with respect for your individual rights to freedom of expression, self-determination, and decision-making.

  • Respect your privacy and right to intimacy.

  • Provide services in a professional, safe, and competent manner with care and skill.

  • Act with integrity, honesty, and transparency.

  • Take all reasonable steps to prevent violence, exploitation, neglect, abuse, and sexual misconduct.

  • Treat you with dignity and respect at all times.

  • Notify you about changes to appointment times and service delivery.

16.2 No High-Pressure Tactics

We do not and will not engage in:

  • High-pressure tactics

  • Harassment

  • Unconscionable conduct for the purpose of entering into a membership agreement with you.

16.3 Staff Training and Compliance

We take reasonable steps to ensure our employees comply with:

  • These Terms and Conditions

  • The Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003

  • The NDIS Code of Conduct (for NDIS services)

  • All applicable professional and ethical standards

 

17. Consent and Acknowledgments

17.1 Informed Consent

Your informed consent is required for the services provided. If you are under 18, consent must also be provided by a parent or legal guardian.

17.2 Physical Contact

It may be necessary for us to make physical contact with you for the purpose of providing services (e.g., demonstrating techniques, providing assistance). Consent is achieved through the scheduling of any in-person sessions, signing any service agreement, with implied consent assumed for the duration of the agreement unless you tell us otherwise.

17.3 Documentation and Records

By agreeing to receive services, you acknowledge and consent to:

  • Assessment and screening are being undertaken, with records kept in your confidential client file.

  • Video, photo, written records, and work samples are being taken and kept in a confidential client file (with your prior permission)

  • Us contacting the NDIA, local area coordinators, and other service providers about your Plan to gather information and support your circumstances and goals (for NDIS participants, with your prior permission and consent)

17.4 Right to Withdraw Consent

You may withdraw your consent for any specific service at any time, and the specific service will cease immediately.

 

18. General Provisions

18.1 Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia. Any disputes will be handled within the jurisdiction of the Queensland courts.

18.2 Entire Agreement

These Terms and Conditions (together with any NDIS Services Agreement for NDIS participants) constitute the entire agreement between the parties and supersede all prior discussions, undertakings, and agreements.

18.3 Severability

If any provision of these Terms is void, voidable, unenforceable, illegal, prohibited, or otherwise invalid in a jurisdiction, that provision must be read down to the extent necessary to save it. If it cannot be saved, it will be severed without invalidating the remaining provisions.

18.4 Amendment

We may amend these Terms and Conditions by providing written notice. Amendments will take effect from the date specified in the notice. For membership agreements of a specified term, amendments during the term will only apply with your written consent.

18.5 Waiver

A provision of these Terms or a right created under them may not be waived except in writing signed by the party granting the waiver. Failure to exercise or delay in exercising a right does not constitute a waiver of that right.

18.6 Notices

Notices under these Terms must be in writing and sent to:

Notices are deemed received:

  • If by email: at the time of sending (if on a business day before 5:30 pm, otherwise on the next business day)

  • If by hand delivery: at the time of delivery (if on a business day before 5:30 pm, otherwise on the next business day)

  • If by pre-paid post: on the second business day after posting.

18.7 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights in compliance with relevant laws and regulations.

 

19. Acknowledgment and Agreement

By engaging our services, you acknowledge that:

  1. You have read and understood these Terms and Conditions

  2. You have been given sufficient information to make an informed decision about using our fitness services.

  3. You have had the opportunity to ask questions and seek clarification.

  4. You agree to be bound by these Terms and Conditions

  5. You understand your rights and obligations.

  6. You have been advised where to obtain a copy of the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003

For NDIS Participants: You acknowledge that you will also enter into a separate NDIS Services Agreement that governs NDIS-funded services and may contain additional or different terms specific to NDIS services.

 

Contact Information

The Discipline Fitness Coach
ABN: 79 669 022 634

Principal: Thomas Farrell

Address: 105 East Beaumont Road, Park Ridge, Queensland 4125

Email: thomas@disciplinefitness.com.au
Alternative Email: info@disciplinefitness.com.au

Phone: 0414 988 364

Website: www.disciplinefitness.com.au

Business Location: Browns Plains, Queensland

 

Support Services

If you or someone you know is experiencing domestic or family violence and needs support:

DV Connect Queensland

  • 24/7 Helpline: 1800 811 811 (Women and children)

  • Mensline: 1800 600 636 (Men)

1800RESPECT

Queensland Police

  • Emergency: 000

  • Policelink (non-emergency): 131 444

DVConnect Financial Support

  • Phone: 1800 811 811

These services are confidential and available 24/7.

 

Document Control

Version: 3.0
Effective Date: 23rd of October, 2025
Approved By: Thomas Peter Farrell
Next Scheduled Review: October 2026

These Terms and Conditions comply with the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003. A copy of this regulation is available at www.legislation.qld.gov.au or upon request.

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