Terms and Conditions
Total Fitness and Massage Pty Ltd is passionate about working with you to encourage and assist you in achieving your health and fitness goals.
To help us provide a professional, motivating and enjoyable experience for you and all our clients, please read through the terms and conditions.
If you have any questions do not hesitate to contact via email: email@example.com
The boot camps run by Total Fitness and Massage Pty Ltd are designed for you (“you”) to achieve your goals in the best and safest way possible! You do not need to be of a certain fitness level to partake in the Total Fitness and Massage Pty Ltd Boot Camp, however, you need to be motivated and willing to give it your all and push yourself to your limit.
You must come to each training session with a mental, emotional and physical commitment to improving your health and fitness! We promise you to do the same!
1. Agreement with you
1.1 The following terms and conditions are a legally binding document and applies to all participants enrolled in a Total Fitness and Massage boot camp.
1.2 By acknowledging and agreeing to these Terms and Conditions on our website you have entered into an agreement with Total Fitness and Massage Pty Ltd and you acknowledge that they are bound by the Terms and Conditions as set out in this document.
2. Safety Rules & Regulations
2.1 You must comply with the safety regulations and instructions of the Trainer(s) of Total Fitness and Massage Pty Ltd at all times.
2.2 If at any time a Total Fitness and Massage Trainer(s) considers that you are jeopardizing the safety of yourself, and/or others, and/or disrupting the course, then you may be asked to leave and you will not be entitled to either a refund or credit for future boot camp with Total Fitness and Massage Pty Ltd.
2.3 Participants who arrive to a boot camp, and are perceived by a Total Fitness and Massage Pty Ltd Trainer to be under the influence of alcohol, drugs or is incapacitated in any way may be asked to leave and you will not be entitled to either a refund or credit for future boot camp with Total Fitness and Massage Pty Ltd.
2.4 Participants cannot use I-Pods or other music devices throughout any boot camp session.
2.5 Participants are responsible to providing their own water to drink throughout each session.
2.6 Total Fitness and Massage Pty Ltd reserves the right to ban any Participant from enrolling in any future boot camps.
3. Medical Clearance
3.1 Total Fitness and Massage Pty Ltd must be informed of any pre-exsting medical condition or injury at the time of enrolment.
3.2 If you have a pre-existing medical condition, injury or in poor health, you are strongly advised to seek a medical practitioner’s advice before enrolling, and provide that medical clearance to Total Fitness and Massage Pty Ltd.
3.3 Total Fitness and Massage Pty Ltd may require you to get a medical clearance for a variety of reasons. If instructed to do so, this must be completed before turning up to the next session.
3.4 On starting your first Boot camp, at the initial session, your Blood Pressure will be taken. If your Blood Pressure is not within the required categories for Total Fitness and Massage Pty Ltd, a medical clearance will be required from a GP before you can continue.
3.5 If your GP refuses you a Medical Clearance for Blood Pressure related illness, the Total Fitness and Massage Pty Ltd reserves to provide a refund to you at their discretion.
3.6 Once you have been refused a Medical Clearance by a GP then until that Medical Clearance is obtained and provided to Total Fitness and Massage Pty Ltd, you will be unable to enroll in any further Boot Camps.
3.7 If you enroll in consecutive Boot Camps, then the Blood Pressure check will be held annually from your first Boot Camp.
3.8 Total Fitness and Massage Pty Ltd reserves the right to undertake a Blood Pressure check on you at any time during a Boot Camp.
4. Health Warning
4.1 Total Fitness and Massage Pty Ltd run intense fitness sessions, which will involve a demanding level of physical activity. You agree to a program of structured strenuous physical activity including, but not limited to walking, running, boxing, weight lifting, and the use of various conditioning and exercise equipment.
4.2 You understand and acknowledge that if any pain is felt, or you feel out of the ordinary in any way either related to their training, or otherwise, Total Fitness and Massage Pty Ltd must be informed immediately, especially if this is mid-session.
4.3 You give permission for Total Fitness and Massage Pty Ltd staff to seek emergency medical attention and treatment, and that you are liable, and agree to pay, all expenses incurred on your behalf.
4.4 Total Fitness and Massage Pty Ltd will provide all Trainers with First Aid qualifications, and a basic First Aid kit is available at all sessions.
4.5 You give permission to Total Fitness and Massage Pty Ltd to supply, but not administer, Ventolin and Sunscreen.
4.6 You agree to complete a Total Fitness and Massage Pty Ltd Incident Form if requested by a Trainer, even if you consider it to be minor at the time.
5. Informed Consent
5.1 You agree to these Terms and Conditions and acknowledge that it is your responsibility to consult with their personal physician regarding their medical fitness to engage in exercise.
5.2 You are legally bound by these Terms and Conditions and waive release of any and all rights and claims for damages you may have against Total Fitness and Massage Pty Ltd and the Trainer(s) administering the exercise program provided to you.
5.3 You acknowledge that you can withdraw at any time from a boot camp session.
6. Minimum Age
6.1 The minimum age of a Participant is 16 at the time of the course commencement date.
6.2 Anybody who is under the age of 18 but over the age of 16 and wishes to join must have the written consent of a parent/guardian and have it scanned and sent to firstname.lastname@example.org.
6.3 Total Fitness and Massage Pty Ltd reserve the right to refuse an enrollment if you are under the age of eighteen without providing a reason.
7.1 Total Fitness and Massage Pty Ltd does not provide babysitting services at our boot camps. We prefer that no children or animals to be present at our boot camps as this can sometimes cause a distraction not only for the parent/s but also for the Trainer(s) and other clients.
8. Weather and Appropriate Clothing
8.1 Sessions are normally held outdoors. If poor weather conditions are forecast by the “Bureau of Meteorology” the session may be moved indoors. Weather is uncontrollable and unforeseen, and training sessions will run unless the weather is deemed dangerous due to extreme wind, hail or lightning, or other conditions that may affect your health, safety.
8.2 It may not be possible for a boot camp session to be moved indoors, and Total Fitness and Massage Pty Ltd confirm that all reasonable safety precautions will be taken before starting a boot camp session.
8.3 Sessions that are cancelled by Total Fitness and Massage Pty Ltd due to poor weather will not be compensated for, unless Total Fitness and Massage Pty Ltd have cancelled a whole week of training.
8.4 You agree to wear appropriate training attire and running shoes that are in good condition. Total Fitness and Massage Pty Ltd reserves their right to use their discretion on what is “appropriate training attire and running shoes”.
9. Session Punctuality, Attendance and Public holidays, and Alterations by the trainer(s)
9.1 You acknowledge that they must make adequate travel arrangements to arrive in time for your session start time each day. If you are late, the session will start without you.
9.2 You are entitled to attend 1 session every Monday, Wednesday and Friday for the dates they have signed up for, and are encouraged not to miss any sessions.
9.3 All sessions are 60 minutes in length unless otherwise stated by the Trainer.
9.4 If for any reason sessions are missed you may elect to make it up by doing a double session (both AM and PM) in the one day. Any missed sessions that are not made up within the boot camp dates, is then deemed invalid.
9.5 Total Fitness and Massage Pty Ltd will not compensate Participants who do not attend sessions that have been paid for.
9.6 If during the scheduled boot camp, there is a public holiday, Total Fitness and Massage Pty Ltd boot camp sessions will still be run. If due to a Public Holiday, you do not attend you will not be compensated for that missed session.
9.7 If a participant is going away (Holidays or Work) for a week or more, and wishes to be refunded for the sessions that they will miss, they must send an email stating where and when to email@example.com prior to signing up for Total Fitness and Massage Pty Ltd, and wait for confirmation from Total Fitness and Massage Pty Ltd. Total Fitness and Massage Pty Ltd reserves its right of discretion to provide that refund.
9.8 If your Trainer(s) is unable to take a session for any reason then Total Fitness and Massage Pty Ltd, at their discretion, will offer you an alternative session.
10. Payment and Bookings
10.1 Boot camp with Total Fitness and Massage Pty Ltd is paid in advance through its website: www.totalfitnessandmassage.com.au by a credit card or PayPal account.
10.2 If payment is not received prior to the start of boot camp, Total Fitness and Massage Pty Ltd have the right to refuse your attendance.
10.3 You acknowledge that a booking is not confirmed until Total Fitness and Massage Pty Ltd confirm that they have received payment of that booking.
11. Cancelling, and Refundable
11.1 A Boot camp enrollment can not be transferred to another person, or to another “block” of sessions, or re-sold.
11.2 There are no refunds unless confirmed by Total Fitness and Massage Pty Ltd (except 11.3.) prior to enrolling.
11.3 A refund of 10% per new Participant will be given to you for referring a successful enrolment of a new Participant to the same block of boot camps. This refund will be given to you at the first boot camp session.
12. Australian Consumer Law
12.1 To the fullest extent permitted by law, taking into account the limits to exclusions imposed by section 139A of the Competition and Consumer Act 2010 (Commonwealth), I agree that the guarantees relating to the supply of services in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (each a “Service Guarantee”), are excluded and do not apply to the supply of any services to me by Total Fitness and Massage Pty Ltd. I release Total Fitness and Massage Pty Ltd, including its officers, employees and agents) from all liability for a failure to comply with these guarantees.
12.2 Subject to paragraph 12.1 and to the fullest extent permitted by law, taking into account the limits to exclusions imposed by section 64A of the Australian Consumer Law, I agree that Total Fitness and Massage Pty Ltd’s liability for a failure to comply with a Service Guarantee is limited to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
12.3 In this paragraph 12, the term “Australian Consumer Law” has the meaning given under the Competition and Consumer Act 2010 (Commonwealth).
13. Release and indemnity
13.1 If Total Fitness and Massage Pty Ltd accepts your boot camp enrollment, you understand and acknowledge that Total Fitness and Massage Pty Ltd, the Trainer(s), or any other person associated with Total Fitness and Massage Pty Ltd will not be liable for:
(a) any loss, damage or theft of property belonging to, or brought to an Total Fitness and Massage Pty Ltd Bootcamp session by you or your guest, unless caused by our gross negligence; or
(b) any death, personal injury or illness incurred at our sessions.
13.2 You release and indemnify Total Fitness and Massage Pty Ltd, the Trainer(s), or any other person associated with Total Fitness and Massage Pty Ltd from any and all liability now or in the future, including but not limited to medical expenses, lost wages, pain and suffering, that may occur as a result of the correct and proper delivery of services under this agreement.
14. Privacy and Confidentiality
14.1 You understand and give permission for Total Fitness and Massage Pty Ltd to use any text, video, photos and sound material taken within the boot camp for promotional purposes.
14.2 Total Fitness and Massage Pty Ltd will not pass on any details to any third party without receiving your written permission first.
15. Dispute Resolution
15.1 You and Total Fitness and Massage Pty Ltd acknowledge that if a dispute arises from the use of these Terms and Conditions, that party must notify the other party in writing and provide details of the Dispute.
15.2 You and Total Fitness and Massage Pty Ltd agree to attempt to resolve a notified dispute by:
(a) good faith negotiations for a period of not less than thirty (30) days from the notification of a Dispute; if that is not successful then followed by
(b) mediation for a period of not less than sixty (60) days; if that is not successful then followed by
(c) commercial arbitration; if that is not successful then followed by
(d) resort to the Court system in the relevant jurisdiction, if that is required, except proceedings seeking interlocutory relief which may be started at any time.
15.3 You and Total Fitness and Massage Pty Ltd acknowledge that each party to the dispute will bare their own legal and other costs of and incidental to the resolution of a notified dispute.