Personal Trainer/Fitness Service Agreement.
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 a 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 authorises 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 , 5 or 10 session bookings.
If for any reason client does not turn up to classes and have booked sessions, a 1 week roll over may occur as a courtesy
of Splinter’s Fitness, this does not ascertain constant roll overs for weeks on end but to cover clients uncontrolled absence
for that class, this does not mean” I cannot be bothered” therefore I will not loose my payment of class session.
Splinter’s fitness agrees to give this 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, but to use the roll over system, this will be required as a courtesy and for your
financial convenience. Abuse of this condition will be immediately rescinded.
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 Trainer
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.