Terms & Conditions

1. Definitions and Interpretation

In these Terms and Conditions, the following definitions are used:

1. Client means the client named in Item 1 of Schedule 1.
2. Details means the table headed “Details” in Schedule 1.
3. Emergency Contact means the contact named in Item 2.
4. PT means the personal trainer named in Item 1 of the Schedule.
5. Fee means the Fee shown in Item 5.
6. Item means an item with corresponding details in the Details Schedule 1.
7. Terms and Conditions means these terms and conditions including any schedule of annexure attached to them.
8. Training Location means the location shown in Item 4.

2. Services

1. Congratulations on Your decision to take part in an exercise program! The aim of personal training is to help You improve Your ability to accomplish Your training goals faster, safer, and with maximum benefits.
2. Consistency is what gets results, so showing up for Yourself is part of the process.
3. The PT will:
   1. use his skills and knowledge to design a safe programme of exercise that will consider the personal goals, fitness levels and Your exercise preferences;
   2. provide the coaching, supervision, advice and support that You may need to help You achieve Your goals; and
   3. regularly check Your progress and the revise and adjust the programme, as necessary.

3. Expectations

1. All PT Sessions are 1:1 (in person) at the Training Location (unless prior arrangements have been made).
2. You should attend in comfortable exercise clothing with enclosed, supportive shoes suitable for training.
3. A water bottle and towel are recommended for every session.
4. All communication, in sessions and outside of them, should stay respectful and constructive. Honest private feedback is always welcome.
5. Anything that affects bookings or the payment of Fees (rescheduling, cancellations, breaks, ending training) must be in writing: SMS, email or Instagram direct message are all acceptable.

4. Health and Wellbeing

1. You agree that the information provided in this Agreement and any pre training health questionnaire is true and correct in all material aspects and, and that You will immediately inform the PT, should You not feel well and/or sick and/or if You are unable to exercise.
2. The PT is not responsible for any injury resulting from You withholding health information or from You performing exercises outside of supervised sessions.
3. You understand that the PT is not a medical practitioner. It is Your sole responsibility to seek medical intervention and/or advise, always, should You not feel well and/or sick, prior to engaging in any form of exercise.
4. You:
   1. agree that, to Your knowledge, You have no limiting physical conditions or disability that would prevent an exercise program;
   2. acknowledge that physical exercise involves inherent risks;
   3. voluntarily assume all such risks; and
   4. release the PT from liability for injuries that may occur during training session, except in cases of gross negligence.
5. In case of emergency, You consent to the PT calling emergency services and contacting Your Emergency Contact.

5. Fees and Payment

5.1 Fees

1. In consideration of the service, all sessions will be charged according to the Fee structure shown in Item 5.

5.2 Payment

1. Unless otherwise agreed, the Fee is payable by direct debit. If direct debit doesn’t work for You, alternative arrangements can be made.
2. Payments are via the Newie Direct Debit app. You will receive a payment link for Your session containing the agreed upon Fee. By clicking the payment link and completing Your first instalment, You are confirming Your acceptance of the Fee.
3. Your Fees are debited weekly. Please be aware that there is a 2.9% surcharge, and a $.30 transaction fee may also apply.
4. You agree to the weekly Fee payment frequency and confirm that You will always have sufficient funds available in Your bank account to cover the Fee. If You have insufficient funds on a recurring basis, sessions may be paused until the payments are brought up to date.
5. If You have any changes to Your bank card, bank account or payment method You must let the PT know.
6. Unless otherwise agreed by the PT, sessions will pause until the account is brought up to date.
7. Refunds are not available.
8. The PT may, in his sole discretion, review and adjust fee rates from time to time. You will receive at least 30 days’ written notice before any price change. Updated Fees will come into effect in Your next payment following the expiry of the notice period.

6. Scheduling of Sessions

6.1 Scheduling

1. The PT and the Client will mutually agree upon session times. Please respect the PT’s time and the commitment You have made to Your health and to Your training.
2. Sessions on public holidays are at the PT’s discretion. You will be notified in advance if the PT is not working on a public holiday.
3. The Client understands that:
   1. it is the responsibility of the Client to ensure that the dates and times booked are correct; and
   2. to cancel a booked session, the Client must notify the PT either in person or by phone, text or email and the provisions of clause 6.3 will apply.
4. In case of cancellation by the PT, the PT is responsible for notifying the Client and will do so by phone or text.

6.2 Late arrivals and no shows

1. To get the most out of each session, it is recommended that the Client arrive 5 minutes prior to a training session.
2. All sessions start at the booked time.
3. Unless You have telephoned or texted the PT to say You are running late, the PT only has to wait for 15 minutes past the agreed start time. If the Client has not arrived within 15 minutes of the schedule start time:
   1. the PT may leave the Training Location,
   2. the session is lost; and
   3. the full session Fee is payable.
4. If the Client arrives within the 15 minutes of the scheduled start time the PT will complete the time left of the original session. No extra time will be given.
5. If the PT is more than 10 minutes late on arrival to the session, the Client may choose to:
   1. have a full session from the time that the PT arrives (if convenient); or
   2. have the remaining time of the session added on to another future session.

6.3 Cancellations and re-scheduling

1. Subject to clause 6.3(c), the PT requires a minimum of 24 hours’ notice of any cancellation or re-scheduling of a session.
2. To ensure fairness to all clients and to protect session times, the following applies to Client cancellations and re-scheduling of sessions:

Cancellations by the Client

1. if the Client provides at least 24 hours’ notice of cancellation, no Fee will be payable; and
2. if the Client provides less than 24 hours’ notice of cancellation and the Client and the PT can mutually agree upon an alternative session within 14 days, the Client will be charged 100% of the Fee.

Cancellation by the PT

1. Subject to clause 6.3(c), if the PT cancels a session with less than 24 hours’ notice, the Client's next session will be discounted by 50%.

Re-scheduling

1. Either party may reschedule a session (without charge) for any reason by giving at least 24 hours’ notice.
2. The Client understands that re-scheduling is subject to availability. The PT will use reasonable efforts to offer an alternative time, however this is not guaranteed. If the Client wishes to re-schedule a session, the Client should advise the PT which session they want to move, and the PT will provide available times for the next 14 days. If a suitable time is available, the Client should pick a time and confirm with the PT in writing.
3. Exceptions apply for genuine events outside either party's control, such as a family emergency, sudden illness or injury, or an unforeseeable work obligation. Where both agree the reason is genuine, no Fee is payable by the Client and no discount is provided by the PT.

7. Training Breaks

1. We all need a break from time to time. Either party may take a break, by giving at least 7 days’ notice and providing the start and end dates.
2. Without 7 days’ notice, sessions that would have fallen inside the notice period are payable, unless the break is caused by genuine events outside the Client's control.
3. If Your break is 6 weeks or less the PT will hold the Client’s regular session times pending the Client’s return. This does not prevent the PT from accepting casual bookings during any period of leave.
4. If Your break exceeds 6 weeks, the PT will use reasonable efforts to hold the Client’s regular session, however this is not guaranteed. Alternatively, regular sessions can be held if payments continue during periods of absence.

8. Ending this Agreement

1. Either party may end ongoing training at any time, for any reason, by providing at least 7 days notice in writing.
2. Sessions already booked inside the 7-day notice period go ahead and are payable as normal.
3. If the Client ends training without 7 days notice, sessions that would have fallen inside the notice period are payable.
4. If the PT ends training without 7 days notice, sessions that would have fallen inside the notice period are delivered free of charge.
5. The PT may send a short optional exit survey. Responses stay confidential and are only used to improve the service.