1. TERMS, CONDITIONS, AND WAIVER OF FACE TO FACE TRAINING.
1.1. These terms and conditions shall govern your face to face Personal Training and Group Training (“PT”) agreement between yourself and any and all attendees of the sessions (“you/ your/ yours/ you’re”), and malosi.culture/ Matt Faataui and all it’s employees, heirs, executors, administrators, assigns, personal representatives, volunteers, agents, attorneys, staff, representatives, predecessors, successors, assigns and associates (“us/ our/ ours/ we”).
1.2. By using our PT services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions, you must not use our PT services.
2. COPYRIGHT NOTICE
2.1. Copyright (c) 2020, malosi.culture/ Matthew Faataui; ABN 72 399 380 293
2.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our programs
(b) all the copyright and other intellectual property rights in our programs and/ or emails are reserved.
3. PAYMENTS- PERMANENT PT AND ONE-OFF GROUP, INSTRUCTOR OR CORPORATE SESSIONS
3.1 You agree to keep payments, whether cash or direct debit, 2 weeks in advance at all times where applicable, unless agreed otherwise in writing between both parties or where sessions are a one-off. The amount of these payments is to be agreed to between both parties according to the session price quoted.
3.2. Cash payments will be made 2 weeks upfront where applicable, after which the next fortnight payment is due on the last session of each fortnight, for the fortnight ahead.
3.3. Direct Debit payments will be made on a Monday, 2 weeks in advance and beginning from the Monday of the week of training commencement.
3.4. All sessions, once paid, are non-refundable and expire after 6 months if unused.
3.5. Sessions are only transferable to another person, in the event you are unable to use them on a permanent basis, and not as a one-off transfer.
3.6. Session times will not be held for you if payments are not up to date, or a communication is received and accepted by us as to the delay.
3.7. For one-off sessions, corporate events, or other agreed event, payment must be made in full prior to the commencement of the session. Section 3.4 also remains relevant.
4.1. Fourteen (14) days notice is required in writing to cancel PT. This will begin from the date of your closest payment. You can choose to continue to train during this 14 day notice period. Payments will continue until the end of this period from the day of notice, regardless of when the payment is due.
4.2. Cancellation is considered more than two weeks of leave from training, except where overseas travel, holiday, work, serious illness or other such incident occurs as agreed between us and you. Latest personal training prices to be applied upon return.
4.3. You agree you are still liable to pay for any overdue fees, even where training has been forfeited.
4.4. The 14 day cancellation period may be waived at our sole discretion, or where a certificate or other such proof can be provided to show that you are unable to train indefinitely.
5. SUSPENSION OF PT
5.1. You must provide at least 24hrs notice to cancel or change a session, or you agree to forfeit the full fees.
5.2. Where 24 hrs notice is provided, and payment has been made, the session may be rescheduled to another day and time that suits both parties, and within 2 weeks of the missed session.
5.3. If no suitable time for rescheduling can be found, the next payment will be reduced by the full session cost.
5.3. Where 24 hrs notice is not possible due to illness or other serious incident, the session pay be rescheduled to another day and time that suits both parties, and within 2 weeks of the missed session.
5.4. If 24 hrs notice cannot be provided, no payment reduction will occur except at our sole discretion. We reserve the right to refuse payment deductions at any time and without limitations, exclusions or explanations.
6. FITNESS INFORMATION- PT
6.1. You agree to disclose any information relating to your physical, mental or other condition that is relevant to providing a PT service.
6.2. We acknowledge that you have the right to withhold any information you choose, however by not providing this information we cannot guarantee a quality or safe service.
6.3. You agree to update us from time to time, when and if this information changes.
6.4. You agree that by reading and accepting these terms and conditions, and proceeding with PT, you voluntarily and knowingly enter into this agreement and waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever, arising out of your participation in PT, and do hereby release and forever discharge us for any physical or psychological injury, including but not limited to
f) economical and/ or;
g) emotional loss
that you may suffer as a direct result of your participation in PT, including travelling to and from any event related to PT.
6.5. You agree that by confirming to have read these terms and conditions, to indemnify us, and hold us harmless against any and all claims, suits or actions of any kind whatsoever for liability damages, compensation, or otherwise, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by us, or anyone else acting on our behalf. If we incur any of these types of expenses, you agree to reimburse us.
6.6. You acknowledge that we are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of us.
6.7. You acknowledge that PT may involve a test of your physical and mental limits, and may carry with it the potential for all circumstances made known in section 6.4. and that these may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydrations, conditions of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/ or producers of the event.
6.8. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of us, our agents and employees.
6.9. In the event you require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
6.10. In the event that any damage to equipment or facilities occurs as a result of your recklessness, wilful actions or neglect, you acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
7. WEBSITE, NEWSLETTERS AND OTHER ONLINE COMMUNICATIONS
7.1. Our website contains general health, fitness, and lifestyle information.
7.2. The health, fitness, and lifestyle information is not advice and should not be treated as such.
7.3. The health, fitness, and lifestyle information on our website is provided without any representations or warranties, express or implied.
7.4. Without limiting the scope of Section 7.3 we do not warrant or represent that the health, fitness, and lifestyle information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current, or non-misleading.
7.5. You acknowledge that all exercise involves a certain risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such programme uses the health and fitness information published on this website.
7.6. If you are pregnant, breastfeeding, trying to get pregnant, or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the health, fitness and lifestyle information published on our website without first consulting your doctor or another suitable qualified professional.
7.7. You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
7.8. If you have specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
7.9. If you think you may be suffering from a medical condition, you should seek immediate medical attention.
7.10. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on our website.
7.11. The results, photos and testimonials of people on this website are true and honest and are shared with their express consent. No guarantee can be made that you will experience the same results from use of this service or website. We make no guarantee’s concerning the level of success you may experience, and you accept the risk that results will differ for each individual.
7.12. Each individuals health, fitness and nutrition success depends on his or her background, dedication, desire and motivation. As with any health related programme or service, your results may vary and will be based around many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise and level of commitment.
7.13. We cannot guarantee your future results or success, nor can we guarantee you maintain any results you may achieve if you do not continue following the programme.
8. CHANGES TO THESE TERMS
8.1. From time to time these terms and conditions may change.
8.2. In case of a change, we will email you with link to this page with the updated information.
8.3. If you do not agree with these changes, you must contact us as soon as possible to discuss these changes and how we can help you.
8.4. Variations to these terms may apply at the sole discretion of Malosi Culture, and must be in writing to override these terms.