Personal Trainer/Fitness Service Agreement


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The parties to this Agreement mutually agree as follows:
Accepting services of Splinters Fitness and making payments for any services to Splinter’s Fitness, you agree to the terms and conditions as written below:

• Personal Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Trainer any injury,condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the
Client, the Trainer or others shall be conclusive.
• Client certifies that:
a) He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and
b) he/she is over the age of eighteen (18) (if under the age of eighteen a guardians consent is required); and
c) he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or
(ii) decided to participate in this training program without the approval of a physician.
• This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment,machinery or public or private facilities.
• Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Splinter’s Fitness/Personal Trainers, his agents, representatives, successors
and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from client’s use of any equipment or facilities which break or malfunction.
• No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. The Personal Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees
of results are possible.
• Client may not assign this personal service contract. Personal Trainer may only assign this Agreement to a related entity.
• The Personal Trainer uses the PayPal mobile application to manage their business and to receive credit/debit card payments.The Client authorizes PayPal to deduct payments from their credit/debit card as required to based on the terms of this here agreement.
• Client may cancel this agreement only by written notice to Splinter’s Fitness/Personal Trainer within three (3) calendar days from the date this Agreement is executed. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure
to follow direction or conduct contrary to the interests of this Agreement. In the event of termination as set forth herein, the Personal Trainer shall refund to client the sum associated with any unused sessions if deemed for medical reasons associated with clients ongoing perceived health or incapacitated or due to permanent disability. Monies are strictly non refundable outside of these conditions unless agreed with the Splinter’s Fitness/ trainer (calculated at $% _/session).
This Agreement may be executed in duplicate and a copy shall be considered as effective as an original.
PAYMENTS: Payments made are accepted as having read the terms and Conditions set out in this document:
All payments to be made upfront or on the day as agreed on the website via PayPal or at the premises/ clients rendezvous.
Block bookings are conditional to price savings for classes/ PT sessions agreed on single or session bookings.
If for any reason client does not turn up to classes and have booked sessions, no roll over will occur. Splinter’s fitness agrees to give courtesy on an ongoing basis as long as it is not abused and client informs Splinter’s Fitness prior to or up to twenty-four (24) hours’ notice by text sms, phone call or email. It is not a mandatory requirement,
TERMS AND CONDITIONS
• Each session shall consist of a scheduled appointment based on set minutes agreed in the privacy of the fitness “Centre”, the privacy of the client’s home, or at a mutually agreed upon location. Client is reminded that distractions such as children, telephones, etc may affect consistent efforts and results. To get the most out of each session, please be ready
to exercise at the appointed time.
• Client must notify the Personal Trainer of cancellation twenty-four (24) hours prior to scheduled appointment. NOTE: Client will be charged for the session if less than twenty-four (24) hours’ notice of cancellation is given. Or payment from block booking will be taken.
• If the Client is more the 15 minutes late, the session is considered forfeited and/ or the Personal Trainer may leave the premises where the session was to be held.
• The Personal Trainer is not responsible for the safety of facilities or equipment Whether provided by Client, Trainer, or others.
• Please wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement. It is your responsibility to provide your own water/hydration and hygiene and personal towel where appropriate.
• Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the training Session. If the trainer feels that you could be a danger to self or others you will be asked to leave that session.
• Personal training requires a certain amount of physical contact between trainers and client to ensure proper technique.
• Personal Trainer’s determination of methods is conclusive.
• The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other
provisions. This Agreement shall be construed under Australian law and shall only be modified by writing signed by both parties.
This agreement supersedes any previous agreements not withstanding your legal rights and obligations and it is your responsibility to keep
updated with terms and conditions printed on the website.

Make Fitness a Priority!!