Introduction and Definitions
These Terms and Conditions (“Terms”) constitute a legally binding agreement between FN Personal Trainers trading as Fitness Image (“we,” “us,” “our,” or “the Company”) and the individual client (“you,” “your,” or “Client”) who engages our personal training services.
Effective Date: April 25, 2025
By accessing our website, using our services, or engaging with us in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.
1. Professional Qualifications and Certification
1.1 All our personal trainers hold the qualifications legally required in Australia, including Certificate III in Fitness (SIS30321) and Certificate IV in Fitness (SIS40221).
1.2 Our trainers maintain current first aid and CPR certifications as required by Australian industry standards.
1.3 The Company maintains all necessary professional indemnity and public liability insurance as required by law.
1.4 Specific trainer qualifications and specializations are available upon request.
2. Services
2.1 Service Description
2.1.1 The Company provides personalized fitness training services, which may include but are not limited to: one-on-one personal training, small group training, fitness assessments, exercise programming, and general fitness advice.
2.1.2 Services are delivered by our qualified trainers at locations agreed upon between the Client and the Company, which may include our facilities, public spaces (where permitted), client’s home, or online/virtual sessions.
2.1.3 The specific details of the services provided to each Client will be outlined in the Personal Training Agreement signed by both parties.
2.2 Session Details
2.2.1 Personal training sessions typically last for [duration] minutes unless otherwise specified in your Personal Training Agreement.
2.2.2 The frequency and schedule of sessions will be agreed upon between the Client and trainer and documented in your Personal Training Agreement.
2.2.3 The Company reserves the right to assign an alternative qualified trainer if your regular trainer is unavailable, subject to your approval.
3. Payment Terms
3.1 Fee Structure
3.1.1 Our current fee structure is available upon request and may vary depending on the trainer’s qualifications, experience level, and the type of service provided.
3.1.2 All fees are inclusive of GST and are subject to change with reasonable notice to clients.
3.1.3 Fee increases, if any, will be communicated to clients at least 30 days in advance.
3.2 Payment Methods
3.2.1 Payment can be made via credit card, direct debit, electronic funds transfer, or other methods as specified by the Company.
3.2.2 Personal training packages must be paid in full before the commencement of the first session unless a payment plan has been agreed upon in writing.
3.2.3 For ongoing training arrangements, payments may be processed via direct debit in accordance with our Direct Debit Terms and Conditions.
3.3 Late or Failed Payments
3.3.1 A late payment fee of [amount] may be charged for payments that are more than [number] days overdue.
3.3.2 Failed direct debit transactions may incur a fee of [amount] per failed transaction.
3.3.3 The Company reserves the right to suspend services until any outstanding payments are resolved.
3.4 Packages and Expiry
3.4.1 Personal training packages expire [number] months from the date of purchase unless otherwise specified.
3.4.2 Unused sessions are not refundable after the expiration date, except where required by Australian Consumer Law.
4. Booking, Cancellation and Rescheduling Policies
4.1 Booking Procedure
4.1.1 Sessions can be booked directly with your trainer, through our website, or via our booking application.
4.1.2 All bookings are subject to trainer availability.
4.2 Client Cancellations and Rescheduling
4.2.1 Cancellations or rescheduling requests must be made at least 24 hours prior to the scheduled session time.
4.2.2 Cancellations or rescheduling requests with less than 24 hours’ notice will result in the session being forfeited and charged in full, except in cases of medical emergency with supporting documentation.
4.2.3 Cancellations must be made in writing via email or text message to your trainer or to [company email].
4.3 Trainer Cancellations
4.3.1 In the event a trainer needs to cancel a session, they will provide as much notice as possible and offer either a substitute trainer or reschedule the session at no additional cost to the Client.
4.3.2 If a suitable alternative cannot be arranged, the session will not be charged.
4.4 Late Arrivals
4.4.1 If a Client arrives late, the session will still end at the scheduled time.
4.4.2 If a trainer arrives late, they will either extend the session time (if possible) or provide a partial credit toward a future session.
4.5 Extended Absences
4.5.1 Clients must provide at least 7 days’ notice for planned absences (e.g., holidays).
4.5.2 For absences longer than 14 days, session expiry dates may be extended at the Company’s discretion.
4.5.3 Trainers will provide at least 14 days’ notice of planned absences.
5. Health and Safety Requirements
5.1 Pre-Training Health Assessment
5.1.1 Prior to commencing personal training, all Clients must complete our Health Assessment Form and Medical History Checklist.
5.1.2 Clients with pre-existing health conditions may be required to provide medical clearance from their healthcare provider before training commences.
5.1.3 The Company reserves the right to refuse service if we believe that training may pose a risk to your health or safety.
5.2 Ongoing Health Disclosure
5.2.1 Clients must promptly inform their trainer of any changes to their health status, including new injuries, illnesses, or medical conditions.
5.2.2 Clients must disclose any physical discomfort, pain, or injury experienced during training sessions.
5.3 Client Responsibilities
5.3.1 Clients must wear appropriate athletic attire and footwear suitable for physical exercise.
5.3.2 Clients must maintain reasonable personal hygiene.
5.3.3 Clients must not attend sessions while ill, injured, or under the influence of alcohol, drugs, or any substance that could impair judgment or physical ability.
5.3.4 Clients must follow all reasonable instructions provided by the trainer during sessions.
5.3.5 Clients must inform the trainer if they do not understand an instruction or if they feel uncomfortable performing any exercise.
6. Liability and Risk Management
6.1 Assumption of Risk
6.1.1 The Client acknowledges that participation in physical exercise carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.
6.1.2 The Client acknowledges they have been informed of and understand these risks and voluntarily chooses to participate in personal training sessions.
6.2 Release of Liability
6.2.1 To the maximum extent permitted by law, the Client waives, releases, and discharges the Company and its trainers from any and all liability for injuries, damages, or losses which may arise from participation in personal training sessions.
6.2.2 This release does not apply to liability arising from negligence of the Company or its trainers.
6.3 Australian Consumer Law
6.3.1 Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or other legislation which cannot be excluded, restricted, or modified.
6.3.2 To the maximum extent permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to:
a) In the case of services: the resupply of the services or payment of the cost of having the services supplied again.
b) In the case of goods: the replacement of the goods, supply of equivalent goods, repair of the goods, or payment of the cost of replacing, repairing, or acquiring equivalent goods.
6.4 Disclaimers
6.4.1 Nutrition Advice: Any nutritional information or general dietary suggestions provided by our trainers are not intended to replace professional medical or nutritional advice. Clients should consult with qualified healthcare professionals for specific nutritional advice.
6.4.2 Results: The Company does not guarantee specific results from personal training services. Results vary based on individual factors including genetics, diet, adherence to the training program, and other lifestyle factors.
6.4.3 Supplements: The Company does not specifically recommend or endorse any dietary supplements. Any discussion about supplements is for informational purposes only and not a recommendation to purchase or consume.
7. Privacy and Personal Information
7.1 Collection of Information
7.1.1 The Company collects personal information, including contact details and health-related information, for the purpose of providing safe and effective personal training services.
7.1.2 Collection, use, storage, and disclosure of personal information is governed by our Privacy Policy and complies with the Privacy Act 1988 (Cth).
7.2 Use of Information
7.2.1 Client information will only be used for the purpose of providing personal training services, health and safety management, administrative functions, and communication regarding our services.
7.2.2 De-identified information may be used for internal business analysis and service improvement.
7.3 Data Security
7.3.1 The Company implements reasonable security measures to protect client information from unauthorized access, disclosure, alteration, or destruction.
7.3.2 Client records are stored securely in accordance with Australian privacy laws.
7.4 Photo and Video Content
7.4.1 The Company may request to take photos or videos of Clients for the purpose of tracking progress, form correction, or marketing.
7.4.2 Use of any Client image or video for marketing purposes requires explicit written consent from the Client.
7.4.3 Clients may withdraw consent for the use of their image at any time by notifying the Company in writing.
8. Intellectual Property
8.1 Ownership of Materials
8.1.1 All training programs, exercise plans, nutritional guidelines, and other materials provided to Clients by the Company remain the intellectual property of the Company.
8.1.2 Website content, logos, trademarks, and marketing materials are owned by the Company and protected by copyright and other intellectual property laws.
8.2 Use Restrictions
8.2.1 Clients may use the materials provided solely for their personal use in connection with the services provided.
8.2.2 Clients may not reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any materials provided by the Company without prior written consent.
9. Termination and Suspension
9.1 Termination by Client
9.1.1 Clients may terminate ongoing personal training arrangements by providing at least 14 days’ written notice to the Company.
9.1.2 Pre-paid, unused sessions may be refunded at the Company’s discretion, less any applicable administrative fees, unless prohibited by Australian Consumer Law.
9.2 Termination by the Company
9.2.1 The Company reserves the right to terminate services immediately, with written notice, if:
a) The Client breaches any provision of these Terms.
b) The Client behaves in a manner that the Company reasonably considers inappropriate, threatening, or dangerous.
c) The Company reasonably believes continuing services would pose a health or safety risk to the Client or others.
d) The Client fails to make payments when due.
9.2.2 In the event of termination under section 9.2.1, the Company will provide a pro-rata refund for any pre-paid, unused sessions, unless the termination is due to client misconduct.
9.3 Suspension of Services
9.3.1 Clients may request a temporary suspension of ongoing training arrangements for medical reasons or extended travel by providing written notice and supporting documentation.
9.3.2 The Company may approve suspension requests at its discretion for a period not exceeding [number] weeks.
9.3.3 During an approved suspension period, direct debit payments may be paused, and session expiry dates extended accordingly.
10. Gift Certificates
10.1 Gift certificates are valid for [number] months from the date of purchase.
10.2 Gift certificates are non-refundable but may be transferred to another person.
10.3 Gift certificates cannot be redeemed for cash or combined with other promotional offers.
10.4 Lost or stolen gift certificates will not be replaced.
11. Online Training Provisions
11.1 Clients participating in online training sessions are responsible for ensuring they have suitable equipment, space, and internet connectivity.
11.2 The Company is not responsible for technical issues on the Client’s end that affect the quality or delivery of online training sessions.
11.3 Online sessions may be recorded with Client consent for the purpose of form review and exercise instruction.
11.4 Recorded sessions will be stored securely and deleted after [number] days unless otherwise agreed.
12. Dispute Resolution
12.1 In the event of a dispute, the Client agrees to first attempt to resolve the matter directly with the Company through good faith negotiations.
12.2 If the dispute cannot be resolved through direct negotiation, either party may refer the matter to a mutually agreed mediator in Victoria.
12.3 If mediation is unsuccessful, either party may pursue legal remedies through the Victorian Civil and Administrative Tribunal or other appropriate courts in Victoria.
12.4 These Terms are governed by the laws of Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Victoria.
13. Amendments to Terms
13.1 The Company reserves the right to modify these Terms at any time.
13.2 Material changes to these Terms will be communicated to Clients via email at least 30 days before the changes take effect.
13.3 Continued use of our services following notification of changes constitutes acceptance of the modified Terms.
14. Force Majeure
14.1 Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from events beyond their reasonable control.
14.2 Such events include, but are not limited to: natural disasters, government actions, war, civil unrest, pandemic or epidemic, or other force majeure events.
15. Severability
15.1 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16. Entire Agreement
16.1 These Terms, together with any specific Personal Training Agreement signed by both parties, constitute the entire agreement between the Client and the Company regarding the subject matter herein.
16.2 These Terms supersede any prior agreements, representations, or understandings, whether written or oral.
Website Usage Agreement
By accessing and using our website, you agree to be bound by these Terms. These Terms apply to all visitors, users, and clients who access or use our website and services. Your continued use of our website following any changes to these Terms constitutes your acceptance of those changes.
Last updated: April 25, 2025ect the remaining Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
FN Personal Trainers (trading as fitness image)
Website: www.fitnessnetwork.com.au
Email: info@fitnessnetwork.com.au
Phone: 0414 163 493
Address: 1208/320 Plummer st, Victoria, Australia
Last updated: April 25, 2025
Acknowledgement
By using the FN Personal Trainers website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.