These conditions apply to the contract between Regulation Fitness (ABN 80 206 923 394) (Coach) and the person receiving coaching or supplementary services (client) from the earlier of (i) the date the coaching or supplementary services were first provided or (ii) when payment is first made, and supersede and replace all other dealings in relation to the same subject matter.
Products and Services
The Coach agrees to provide exercise coaching and programming based on the client’s individual limitations in helping them to work towards achieving set goals discussed with the client, through supervised sessions and online sessions (Coaching).
All Coaching and supplementary services agreed to be provided by the Coach are to be of, or performed to, a reasonable standard.
Face to face
For supervised Coaching services, the client and Coach will agree from time to time the dates and times for sessions (supervised sessions). The Coach will give as much notice as possible where session times need to be changed or cancelled due to circumstances beyond the Coach’s reasonable control.
For extended periods of absence, the Coach may at their discretion substitute face to face sessions with the equivalent value of online coaching.
Online
Online Coaching is delivered via TrueCoach and MyFitnessPal platforms. The online service provided by the Coach through the platforms includes training programs, exercise instructions and nutritional guidance to reflect client’s goals, as reviewed and amended by the Coach and client from time to time (online sessions). The first session is the date nominated by the client in writing and agreed by the Coach. Touchpoints are arranged with the Coach with additional support offered via messaging. The Coach does not own and cannot control the terms, conditions or availability of the platforms. The Coach relies on the accuracy of information shared by the client and the client acknowledges that inaccurate or incomplete information will impact fitness results.
Hybrid
Hybrid Coaching consists of online sessions and supervised sessions. The Coach will give as much notice as possible where session times need to be changed or cancelled due to circumstances beyond the Coach’s reasonable control.
Supplementary Services
Supplementary services not otherwise provided as part of face to face or online Coaching may be offered by the Coach from time to time (supplementary services). Where the client accepts supplementary services, the Coach will carry out and complete agreed deliverables within agreed periods (which may be extended where delayed due to matters beyond the Coach’s reasonable control) or otherwise within a reasonable time.
Payments
The client must pay in full the agreed price for Online Coaching and supervised sessions fortnightly and in advance of the relevant coaching period. Payment is charged on a fortnightly basis from the first session unless otherwise stated. Prices for supervised sessions are based on a duration of 45 minutes, unless otherwise agreed in writing.
The client must pay in full the agreed price for all Supplementary Services (where applicable). The Coach may offer certain supplementary services for no additional charge to clients and this is at the discretion of the Coach.
Payments are made either by direct debit unless otherwise stated by the Coach in writing. Payments for supplementary services must be made at the agreed times or otherwise upon completion of agreed deliverables.
Cancellation and termination
The client’s coaching and well-being are important to the Coach. The Coach understands that sometimes unexpected delays or events can occur beyond the client’s control that means the client cannot attend coaching at the agreed time.
For Supervised Sessions the client must give the Coach at least 24 hours’ notice if they are not able to attend Coaching. Where the client gives the required notice, the Coach will endeavour to reschedule at a mutually convenient time. If the client fails to give the required notice, the client must still pay the agreed price for the relevant coaching (whether or not the client attends the supervised session in whole or part and whether or not a replacement supervised session is scheduled).
All new clients must subscribe to a minimum 8 week coaching period. This can be Supervised Sessions, Online Sessions or Hybrid. If the client chooses not to continue with coaching within this period, they must still pay for the equivalent of 8 weeks’ coaching.
Otherwise, the client must give at least two weeks’ notice in writing to the Coach if it no longer wishes to continue with coaching. The client must pay for any coaching occurring within the required 2 week notice period.
Where the client terminates this agreement before completion of the supplementary services, the client agrees to pay a reasonable proportion of the agreed price for such services performed up to the date of termination.
No agency
The parties agree this contract does not create any contract for employment, agency or partnership between the client and Coach.
The Coach is an independent contractor and is not responsible for the actions or practices of any fitness centres or any contractors.
Disclosure, release and liability
The client understands that the nature of the activities undertaken and exercises that may be performed during coaching contain obvious risks. Exercise can be physically demanding and inherently risky. The client must give prior notice to the Coach of any issues or matters (mental, physical or otherwise) that may affect them during any given coaching.
It is the client’s responsibility to choose whether to undertake any activities during coaching and the client is encouraged to discuss alternative exercises if he or she does not feel capable and confident of safely performing any exercise or activity. The client releases and holds harmless the Coach from any claim or liability relating to any injury that the client incurs or sustains in connection with coaching.
The maximum liability of the Coach in relation to any and all claims or liability (whether in tort or contract) in connection with this agreement and/or the coaching or supplementary services is an amount equal to the aggregate payments made by the client pursuant to this agreement over the previous 6 month period. The Coach is not liable for any claims of any nature whatsoever after 6 months from the date of (i) the last coaching session, or (ii) the last deliverable of the supplementary services (as applicable).