Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Fit Body Fitness Training’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Fit Body Fitness Training’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Dynamic Business & Training Solutions Pty Ltd, 6/108 Anzac Avenue, Hillcrest, 4118, Queensland, Australia. Our company registration number (ABN) is 58 121 626 300 . The term ‘you’ refers to the user or viewer of our website. Fit Body Fitness Training is a Trade Mark and Registered Business Name of Dynamic Business & Training Solutions Pty Ltd.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Queensland, Australia.

 

All clients must observe the following studio rules, designed for safety and enjoyment of the program

All clients/members are required schedule their classes in advance and to check-in at the front desk each time upon entrance to the facility. Anyone who shows up after the warm-up period of the session will not be admitted to the session.

Proof of Age: Persons may be required to provide valid proof of age prior to purchasing a membership or personalized training services. In some circumstances parental/guardian consent may be required.

Lost or Stolen Items: The Boot Camp is not responsible for the loss, theft, or damage to personal property.

Footwear: Athletic footwear must be worn in exercise areas at all times. NO STREET SHOES OR SANDALS ARE PERMITTED. In order to keep our flooring protected, we ask that you

For your safety and protection of the studio floors, no gum, food, or beverages (including water) allowed on the studio exercise areas. Water is allowed in the entryway or off-matt areas of the studio.

You must report any injuries, illnesses, or other health concerns that could impact your session to your trainer(s) in each session. If a trainer feels that you are overextending yourself, lifting too heavy, not using correct form, etc. you must comply with safety concerns. Your trainer may encourage you to work to your personal capacity; however you are never obligated to work outside of your personal comfort/safety zone.

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Meal Plan (80% of Overall Results)

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Meal Plan Support, Recipes, Menus, etc. are provided when you begin your program. In order to receive meal plan updates, all meals must have a photo food journal updated each day, weekly weigh-ins with measurements in FitClients, and weekly progress photos in FitClients

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Training Plan (20% of Overall Results)

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Training sessions five (5) days per week, scheduled in advance. You should plan to show up for at least 4 sessions per week. Additional targeted sessions are available. Fitness Assessments available as you progress, testing is optional but no additional charges. Fitness Assessments will allow for progressively advanced training exercises (optional).

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of the State of Queensland, Australia.

Automatic Payment Authorization

Client hereby authorises Fit Body Fitness Training to charge my credit card, debit card or checking account $1 immediately and then, at the end of the seven day trial period, charge my credit card, debit card, or checking account on a monthly basis in the amount corresponding to my selected program until I cancel pursuant to the terms of the cancellation policy of this Agreement.

Fit Body Fitness Training requires 28 day notification to stop automatic debiting. Notification must be in a consultation appointment in order to fill out paperwork to stop automatic debiting. The next regularly scheduled payment falling within 28 days after written notification is submitted may be processed in part or in full for said month determined by account reconciliation and further payments will be terminated for the next scheduled payment date thereafter.

Should the Payor fail to provide sufficient funds for the monthly processing transaction, a $30.00 Non-Sufficient Funds fee shall be applied to the Payor’saccount. Fit Body Fitness Training shall not be authorised to automatically debit this amount from the Payor’s account. The Payor shall be responsible for fulfilling this obligation at the site of Fit Body Fitness Training.

At the conclusion of this agreement all training and service programs will automatically renew under similar terms and fees. Although fees regularly increase for training and related services, YOUR fees will never increase so long as your enrollment remains uninterrupted.

Facility Usage:

Failure of a client/member to use Fit Body Fitness Training facilities / training programs does not relieve the member/client/buyer of member’s/client’s/buyer’s obligation to make monthly payments as outlined in the Agreement For Personal Training & Fitness Services.

48 Hour Cooling Off Period:

If you change your mind and wish to cancel this agreement, you must notify us in writing within the first 48 hours that you do not wish to proceed with your membership.

Subsequent to receiving writen notice from you within the 48 hour period Fit Body Fitness Training :

  • will refund your fees within 21 days of getting your notice
  • may charge a fee for any fitness service that you used before you cancelled
  • may also charge an administration fee.

The maximum administration fee is $75 or 10% of the membership fee, whichever is less.

Getting permanently sick or injured

You can cancel your agreement because of a permanent sickness or injury. Your sickness or injury must be so serious that you can’t keep using the gym’s services.

You will need to:

  • write to us as early as you can
  • give us a medical certificate to confirm the problem specifying that you are incapacitated and unable to continue to participate in the program for the specified duration of your agreed term of membership.
  • should a short term medical certificate be issued, your membership will be suspended until such date as medical clearance is given or assumed following the expiry of the medical certificate provided.

Fit Body Fitness Training:

  • must refund your fees within 21 days of getting your notice
  • may charge a fee for any fitness service that you used before you cancelled
  • may also charge an administration fee.

The maximum administration fee is $75 or 10% of the membership fee, whichever is less.

Membership Fee Structure:

Regular Group Personal Training Fees

$267 per month – single month (unlimited sessions) – ongoing agreement

$227 per month – single month (3 x sessions per week) – ongoing agreement

$30 per visit – casual session

or otherwise agreed upon through packaging and discounted offerings.

Regular 1:1 Personal Training Fees

$80 per 1:1 Personal Training Session (45 minute)

$700 per 10 x Pack 1:1 Personal Training Sessions (45 minutes each)

or otherwise agreed upon through packaging and discounted offerings.

Refunds:

The member/client/buyer acknowledges and agrees that Fit Body Fitness Training has earned the membership fee and monthly payments as outlined in this agreement and that notwithstanding any voluntary withdrawal or proper cancellation, suspension of membership or service program or the failure of the client/member to take advantage of the privileges of services/membership for any reason whatsoever. The member shall not be at any time entitled to a refund of all or any part of monies paid and shall remain liable for any part thereof not yet paid at anytime in accordance with any and all program details represented in this agreement.

Client’s Default

Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Fit Body Fitness Training shall have all rights and remedies available to it, including termination of this Agreement and institution of legal and collections action for all applicable damages pursuant to this Agreement. If Fit Body Fitness Training delays or refrains from exercising any rights under this Agreement, Fit Body Fitness Training does not waive or lose those rights.  If Fit Body Fitness Training accepts late or partial payments from Client, Fit Body Fitness Training does not waive the right to receive full and timely payments and other charges due under this Agreement.

ASSUMPTION OF THE RISK:

The Client is aware that weight and/or cardiovascular training and similar?physical activities can potentially be a hazardous activity and may pose potentially serious risks of injuries/?death to their participants. The Client is voluntarily participating in these activities with the knowledge of the ?danger(s) involved, and hereby agrees to accept any and all risks of injury or death.

RELEASE:

As consideration for being permitted by Trainer to participate in these physical activities and to?use the Training Facilities, I, the Client, hereby agree that I, my assignees, heirs, distributes, guardians, and legal representative(s) will not make a claim against, sue, or attach the property of any Fit Body Fitness Training or?Training Facility, its employee(s) or owner, for injury or damage resulting from the negligence or other acts, howsoever caused, by any employee, agent or assistant of Fit Body Fitness Training or any of its affiliated?organizations as a result of my participation in a weight and/or cardio training program. I, the Client, hereby release Fit BodyFitness Training, Trainer and Training Facility from all actions, claims, or demands that I, my? assignees, heirs, distributes, guardians, and legal representative(s) now have or may hereafter have for injury or?damage resulting from my participation in a weight and/or cardiotraining program. I, the Client, understand that I am personally responsible for my actions while participating in my assigned workout program, and I waive responsibility of Fit Body Fitness Training, Trainer and Training Facility if I should incur any injury as a result of?my own negligence. I understand that Fit Body Fitness Training may assign me a new trainer at any time.

LIABILITY WAIVER:

The Client expressly agrees that all weight training and/or cardio programs offered by trainer shall be undertaken by the Client at his or her sole risk. The Client understands and takes full responsibility for any and all injuries/damage(s) as a result of his/her own negligence, the negligence of others, or through no fault of the Client, Trainer, Fit Body Fitness Training or anyone else, due to the nature of the activity. It is further agreed that Trainer shall not be liable for any injuries or damage to Client or guest, nor be subject to any claim, demand, injury or damages whatsoever, including but not limited to those damages resulting from acts of active or passive negligence on the part of Trainer, his/her successors or assigns. The Client agrees to indemnify and hold Fit Body Fitness Training and trainer harmless for any loss caused by Client for which Trainer is accused or held liable including attorney’s fees and court costs.

STATEMENT OF HEALTH:

I, the Client, hereby certify that I know of no medical problem (except those ?noted herein) that would increase my risk of illness and injury as a result of participation in a regular weight?and/or cardio training program. I understand that I have been advised to consult a physician prior to commencement of my weight and/or cardio training program to ensure my state of wellness to participate in such strenuous activities. Furthermore, I understand my trainer does not hold him/herself out to be a licensed physician. Where injury or illness occurs I will obtain a medical clearance certificate/letter from my Physician clearing me for participation physical exercise.

AGREEMENT CANCELLATION POLICY:

Clients must give notice of cancellation or suspension by Email: info@FitBodyFitnessTraining.com and by telephone: 1300 766 510 at least 28 days from the next debit date. If for any reason you require to cancel the monthly or 12 month contracts before its expiration date, the following must happen; the above request process has been followed and you have booked and attended a final consultation. ?Pre-pay contracts are non-refundable. ?12 Month agreements can only be cancelled after a minimum of 3 months has passed.

AGREEMENT SUSPENSION POLICY:

Clients must give at least 14 days notice for a suspension of membership request. Suspension of membership will be granted on terms established as necessary for medical grounds, substantiated and supported by a Medical Certificate for the period of suspension requested. Suspension of membership is not available throughout the Christmas – New year period inclusive of the full months of December and January inclusive. Any business closure, rescheduling throughout the duration of the Christmas period is considered to be inclusive in Membership and Training Dues. Suspensions remain subject to approval at the discretion of management.

REFUND POLICY:

No Refund will be given if you have simply changed your mind.   Fit Body Fitness Training reserves the right to change membership options and rates at any time, notice will be given.

SESSION CREDITS:

We understand you may not always be able to stick to your regular routine, therefore if you cannot make a session we will credit you a session at the end of your commitment agreement. Alternatively you can make this session up the following week.

SESSION CANCELLATION POLICY:
We require at least 12 hours notice for the cancellation of all personal training sessions. Fit Body Fitness Training reserves the right to charge up to full price for all cancelled sessions under the 12 hour time notice. Exceptions will be considered based on the situation.?We have a group of trainers that are in high demand, therefore if you cannot make your session please let us know as that may open up an opportunity for another client to train.?When only 1 person turns up for a specialised pt session the session will run as a 30min session.

SESSION NO SHOW POLICY:

No notice given or failure to show up for a booked personal training session will automatically incur the full charge of the session booked. Fit Body Fitness Training reserves the right to make exceptions based on the situation and at our discretion.

SESSION GUARANTEE:

The Fit Body Fitness Training $50 Guarantee to you. At Fit Body Fitness Training we pride ourselves on providing the best level of service and training experience, every single time you train with one of our team. Therefore if you train with one of the Fit Body Fitness Training team and are not entirely satisfied with your workout, give us your feedback from the session (as this will help us to build each trainer to be the best they can be) then of course, you will NOT BE BILLED for that session.? In addition to this, we will give you a fresh, crisp $50 NOTE for your troubles. Yes, it’s that simple! Why do we give this outrageous guarantee? Quite simply, we really believe in what we do at Fit Body Fitness Training, and our priority is giving you the VERY BEST workout every session that you have with us.

RESULTS GUARANTEE:

If you do not get results in the first 30 days we will give you your money back!

We believe in our training methods so much that we guarantee you will get results.

Details on commitment sheet – must be signed and followed.

Due to the nature of our programs, with a mixture of distance and in-person training, 30 Day Guarantee applies from date of purchase of program not physical in-person commencement / attendance date.

No Refund will be given if you have simply changed your mind.

OUR 12 MONTH FIT FOR LIFE GUARANTEE:

Once you have completed 12 months of training with us you are eligible for our fit for life guarantee. This means that if for any reason you stop training with us and get yourself out of shape and out of routine, we will give you a free month of group training. This is designed to get you back in the shape we left you in before you stopped training. That’s how much we care about your long term health and results.

ACCEPTANCE OF MEMBERSHIP OR PARTICIPATION IN OUR PROGRAMS, WORKSHOPS, TRAINING OR EVENTS ARE SUBJECT TO PHOTOGRAPHY AND VIDEO RECORDING FOR PROMOTIONAL AND MARKETING PURPOSES. BY ACCEPTANCE AND ENROLMENT IN OUR PROGRAMS YOU HEREBY GIVE PERMISSION FOR YOUR PHOTO OR VIDEO TO BE USED FOR MARKETING AND PROMOTIONAL PURPOSES.

Client Consent

Client consents to and releases each of Fit Body Fitness Training and Dynamic Business & Training Soltutions Pty Ltd from any liability resulting from Fit Body Fitness Training, or Dynamic Business & Training Solutions Pty Ltd’s  use of Client’s name and likeness in advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

Arbitration and Attorney’s Fees

Any controversy between the parties arising out of this Agreement that cannot be resolved shall be arbitrated in the State of Queensland. The costs of the arbitration, including, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment.  For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.  Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.

TERMS AND CONDITIONS

Fit Body Fitness Training reserves the right to update and alter any terms and conditions without notice.

By signing this Agreement, Client acknowledges that Client has read, understood, and agreed with all terms and conditions on both the front and reverse sides of this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Fit Body Fitness Training, an independently owned and operated facility or Dynamic Business & Training Solutions Pty Ltd.

Dynamic Business and Training Solutions Pty Ltd trading as Fit Body Fitness Training has made no express or implied warranties or representations other than those expressly set forth in this Agreement.

Business Name: Fit Body Fitness Training

Location:             6/108 Anzac Avenue, Hillcrest,Queensland, 4118, Australia.

Phone:                1300 766 510

On registration you will be required to complete an enrolment for membership agreeing to the above terms and conditions.

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