Welcome to Outer Strength Fitness. By accessing and using our services, you agree to be bound by the following terms and conditions. Please read them carefully.
Ownership and Use of Content
- All content, including text, images, graphics, and logos on this website is the property of Outer Strength Fitness or its licensors and is protected by copyright and other intellectual property laws. You may access and use this content for your personal, non-commercial use only. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from this website without the express written consent of Outer Strength Fitness.
User Conduct
- You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party. You agree not to upload or transmit any material that is defamatory, obscene, threatening, abusive, or otherwise objectionable. You also agree not to upload or transmit any material that infringes the intellectual property rights of any third party.
User Accounts
- You may be required to register for an account to access certain features of our website. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account. You agree to notify us immediately if you become aware of any unauthorized use of your account.
Limitation of Liability
- Outer Strength Fitness makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. Outer Strength Fitness will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Third-Party Links
- This website may contain links to third-party websites that are not owned or controlled by Outer Strength Fitness. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By accessing or using these websites, you agree to be bound by their terms and conditions.
Changes to Terms and Conditions
- Outer Strength Fitness may revise these terms and conditions at any time without notice. By using this website, you agree to be bound by the current version of these terms and conditions.
Governing Law
- These terms and conditions shall be governed by and construed in accordance with the laws of the Australia and State of New South Wales, without giving effect to any principles of conflicts of law.
Medical Indemnity
- Outer Strength Fitness (trainer) is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Personal Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Personal Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Personal Trainer or others shall be conclusive.
- Client certifies that:
- he/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and
- he/she is over the age of eighteen (18) (if under the age a eighteen a guardians consent is required); and
- he/she has either (i) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
- This training program will involve physical activity and, as appropriate, use of certain equipment and machinery. Such activities may present a risk of injury or even death. Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
- Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Personal Trainer, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
- No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. The Personal Trainer expressly notes that results will differ for Clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
- Client may not assign this personal service contract. Personal Trainer may only assign this Agreement to a related entity.
Payment Policy
- Outer Strength Fitness offers payment options via weekly direct Outer Strength Fitness uses Ezypay as their direct debit provider. Clients choosing direct debit, authorise Ezypay to deduct payments and any associated fees from their rejected/failed transaction credit/debit card as required to based on the terms of this here agreement. Outer Strength Fitness will cover the transaction and admin costs.
- Client agrees to pre-pay the sum of $ for session/s per week. Client agrees to pay this weekly until such time as the Client no longer requires Outer Strength Fitness services, refer Terms of Agreement 1. Additional sessions per week can be purchased (subject to availability) at Outer Strength Fitness’s current rates at the time.
- Direct debits are processed on Mondays.
Session Cancellation Policy
- Outer Strength Fitness understands that people do become ill, have sick children or unexpected work commitments. Client must notify the Personal Trainer of cancellation twelve (12) hours prior to scheduled appointment (text message preferred). NOTE: If more than 12 hours notice has been given, the sessions is now a make up session.
- If the Client is more the 15 minutes late, the session is considered forfeited and the Personal Trainer may leave the premises where the session was to be held and Client will be charged for the session. Late arrivals will result in shortened sessions.
Personal Training
- Each session shall consist of a scheduled appointment based on 45,60 minutes in the privacy of the gym, the privacy of the Client’s home, or at a mutually agreed upon location. Client is reminded that distractions such as children, telephones, etc., may affect consistent efforts and results. To get the most out of each session, please be ready to exercise at the appointed time.
- The Personal Trainer is not responsible for the safety of facilities or equipment whether provided by Client, park or other location.
- Please wear appropriate athletic footwear and loose, comfortable clothing to facilitate ease of movement.
- Proper nutrition and adequate rest are essential to this training program and Client must not be under the influence of drugs or alcohol at any time during the training session.
- Personal training requires a certain amount of physical contact between Personal Trainer and Client to ensure proper technique.
- Client agrees and provides consent for Personal Trainer to take photographs, audio or other media recordings to be used for but not limited to marketing material and promotional activities (digital, electronic or printed media) without acknowledgment to you and without entitlement by you to any remuneration or compensation now or in the future. Client agrees that he/she will have no further rights to the material, including moral rights and copyright. Personal Trainer agrees that Client’s personal details will not be used in the featured material without their express consent.
- Personal Trainer’s determination of methods is conclusive.
Terms of Agreement
- The failure to strictly enforce any provision of this Agreement shall not constitute a waiver of any right to subsequently enforce this Agreement. All provisions shall be deemed severable and the inability to enforce any provision shall not affect the other provisions. This Agreement shall be construed under Australian law and shall only be modified by writing signed by both parties.
- Suspension of account: Outer Strength Fitness understands that Client may take holidays and have work commitments. You are able to suspend any debits during these periods for a total of 6 weeks per year. If there are special circumstances, a longer suspension can be put in place at the discretion of the Owner of Outer Strength Fitness.
- Termination: Client may cancel training services only by written notice to Trainer within thirty (30) calendar days from the date of notice. Trainer retains the right to terminate this Agreement for any reason including without limitation to Client’s failure to follow direction or conduct contrary to the interests of this Agreement. This Agreement may be executed in duplicate and a copy shall be considered as effective as an original.
Make Up Session Policy
- In the event that a session is missed by the client, the make-up session may be completed with any trainer employed by Outer Strength Fitness. Make-up sessions will be provided on a date-accrued basis, subject to the availability of trainers.
- It is a requirement that the client is an “active client” in order to undertake make-up sessions. This means that the client must have a current and active training agreement with Outer Strength Fitness. Should any make ups sessions be outstanding upon cancellation of an Outer Strength Fitness training agreement, the client agrees that the make up sessions are forfeited on the termination date.
- Outer Strength Fitness reserves the right to modify or revoke this policy at any time and without prior notice.
Gym safety
If something doesn’t feel right, don’t push it; your body is usually trying to tell you something.
- Good Pain vs. Bad Pain – Mild discomfort is part of the exercise process, and is necessary for the improvement of performance and physique.
- Soreness is common, especially for muscles that have not been exercised for long periods of time, or when you perform an exercise you are not accustomed to. Soreness typically begins within a few hours, but peaks two days after exercise. This is referred to as Delayed Onset Muscle Soreness (DOMS) and is normal when beginning a new fitness program.
- Bad Pain – Usually caused by the improper execution of an exercise. Nothing should ever really “hurt” during a workout. Immediately notify me and/or a physician of any sharp or sudden pains, swelling, or any unnatural feelings in your joints or ligaments.
- Warming up – this is a crucial part of injury prevention and prepares your body for exercise by increasing blood flow, lubricating your joints, and stimulating your nerves.
Contact Us
If you have any questions about these terms and conditions, please contact us at info@outerstrengthfitness.com.