TERMS AND CONDITIONS
Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
1. GENERAL CONDITIONS
For all matters relating to the products and services provided by TYPERFORMANCE, you should contact [email protected]
It is the responsibility of the client to do all that is necessary to fully understand the terms of this agreement, this may involve seeking professional legal advice.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it; or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Should any provision of this agreement be held by a Court of competent jurisdiction to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
TYPERFORMANCE reserves the right to amend these Terms & Conditions from time to time as necessary.
2. PERSONAL TRAINING AND COACHING SERVICES
Your Coach - Coaches will utilise their skills, knowledge and experience in preparation and the conducting of training sessions in a way that will take into account the Clients personal goals, fitness level, ability, injuries or illnesses and preferences. The role of the Coach is to, as far as reasonably possible, oversee the Client’s progress and help their training/performance, providing advice, education and support in efforts to progress and achieve their goals.
Liability Waiver – It is important that you ensure that any answers and information provided in the Liability Waiver be true and accurate, and you disclose any information that may be relevant to your participation in the Services in question.
Medical Clearance - TYPERFORMANCE may request that you provide Medical Clearance be provided by a Doctor or Medical Professional at any time. It is the responsibility of the Client to obtain such clearance, where relevant, prior to undertaking any of the Services provided at TYPERFORMANCE.
Initial Questionnaire - All clients must complete the Initial Questionnaire, which will be sent electronically to the email nominated below, and in doing so provide as much information that may be relevant for our purposes.
Assessment Process – New Clients may be required to participate in the Assessment Process or any other Screening that a Coach deems necessary prior to starting any Services.
Training Program - Following the Initial Assessment your Coach may prepare a training program for you based on information gathered in the Questionnaire and throughout the Assessment Process.
Nutritional programming, education and recommendations may be provided (depending on the Service) and the way in which this occurs may vary from Coach to Coach.
Nutrition Disclaimer – TYPERFORMANCE Coaches are not Accredited Practicing Dietician’s, and any Nutritional advice or recommendations or other related content should not be taken as medical advice, in place of medical advice or to treat any disease. You should seek a medical professional before undergoing any nutritional or physical intervention.
Weekly Check In’s will be conducted if expressly requested by the Client, and the Client is responsible for submitting any required Check-In documents on time and as agreed. Your Coach will do all that is reasonable to monitor your progress, and will, where necessary, revise and amend Training and Nutrition programming.
Client Personal Information - All personal information of the Client will be kept private and confidential – However, in instances relating to genuine health concerns of the Client, the Coach may be required to disclose some information to TYPERFORMANCE Management, or to Allied Health Professions for advice, referrals or second-opinions.
Medical Needs - the Client is responsible for bringing any medication, or medical equipment that may become necessary throughout physical activity.
Open Communication – Client-Coach transparency and open communication is recommended and at times necessary. It is the responsibility of the Client to inform their Coach if they are uncomfortable performing a movement, has an injury or illness, and/or is concerned with risking injury or illness, or any other reason that may prevent them from exercising safely, so the Coach can act accordingly to minimise any risks for the Client.
Referring Out – In instances where an injury or illness occurs or a Coach is not wholly capable of managing a Client related matter they may refer or recommend the Client to attend a third-party practitioner for assessment or treatment. It is the Clients responsibility to follow up and the Coach will be deemed to have done all reasonably necessary for the matter.
Refusal of Service - TYPERFORMANCE, and any of its subsidiaries reserve the right to refuse service to a client if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to the client as soon as it becomes apparent to the concerned TYPERFORMANCE representative, and may invoke the ‘Late Cancellation’ policy depending on the circumstances and reasons for the refusal.
Client Feedback – TYPERFORMANCE appreciates any and all feedback provided by Clients and Members. We understand that not all Client-Coach relationships are perfect, and if at any time throughout training with TYPERFORMANCE you are not wholly satisfied with the performance of your Coach we request that you notify Management so the matter can be appropriately addressed.
MINORS (UNDER 18 YEARS)
Minor(s) Not to Sign - Persons under the age of 18 are urged to not digitally sign or agree to these terms and conditions, and TYPERFORMANCE waives all liability and responsibility if you do so without parental approval or authorization.
Safety for Minors - It is highly recommended that all minors seek guidance or assistance, and only practice skills that they are capable of performing safely.
3. CANCELLATIONS AND RESCHEDULING
24 Hour Cancellation Policy – If you cancel a pre-booked or scheduled session within 24 hours of the session this will be deemed a ‘Late Cancellation’ and you will be charged for that session. Management will enforce this policy. To avoid being charged, please provide sufficient notice of your cancellation.
Rescheduling Session(s) – If you reschedule a session within 24 hours, the 24 Hour Cancellation Policy will be enforced.
Notice of Cancellation or Rescheduling - must be made either;
In person at the TYPERFORMANCE facility with the relevant Coach or Administration personnel or,
In writing via electronic communication, being either email or text message.
4. PRODUCTS AND ONLINE SERVICES
Products refer to any goods that are for sale at TYPERFORMANCE or online, this includes but is not limited to merchandise and supplements.
Online Services refer to all services offered by TYPERFORMANCE that are purchased or delivered online. These include, but are not limited to, the following:
Online coaching services
Education services, courses, workshops, and seminars,
Digital products (i.e. eBook’s, templates, webinars, content and other TYPERFORMANCE documents)
All other products and services available via the company website(s).asd
Customer Responsibility - The customer is responsible for taking all reasonable steps to ensure they fully understand what is involved in a product or service, this includes:
Thoroughly reading product/service descriptions;
Contacting TYPERFORMANCE directly for further information and clarification;
Reading and understanding any relevant Terms & Conditions, Policies, or other agreements that may be associated with the product or service;
Service Descriptions - provided are non exhaustive and may vary or be amended from time to time, without notice.
Online Payments are to be made via the website(s) and in accordance with any Third Party terms.
Queries or Disputes must be communicated directly to TYPERFORMANCE via email at [email protected]
No Refunds – Refunds are not available for services that have been rendered either fully or partially. Refunds will also not be provided for change of mind, or in instances where the Customer insists on having a service provided in a way, against TYPERFORMANCE (the provider’s) advice, or the Customer failed to clearly explain their needs to the provider.
Transfer of Services - Online Services cannot be transferred to any individual or third party.
Subscription Cancellation – The Customer is responsible for cancelling or suspending any Subscriptions that they have arranged Online via the website(s), as TYPERFORMANCE does not have the Authority to vary Customer subscriptions that they did not set-up.
Purchaser Not to Claim - The Customer or Purchaser warrants to not claim, request any refund or raise a dispute via Third Party Service providers (i.e. PayPal, EziDebit, Stripe) and agrees to bring such matters to the attention of TYPERFORMANCE directly in writing via email to [email protected]
Fees and Charges - Online sales may incur fees and charges to cover any costs associated with taking, processing and fulfilling a purchase or order.
Change of Service - If there is a change to any Service or product available Online, (such as workshops, seminars or courses) the Customer or Purchaser will be notified in writing, to the email used at purchase, a minimum of 24 hours prior to commencement of the service.
5. PAYMENTS
Accepted Methods of payment are Cash, Electronic Bank Transfer or EFTPOS at the facility.
Receipts and Invoices will not be provided unless expressly requested.
Payment In Full – All payments are required to be made up front and in full at or before the commencement of Service(s).
Direct Debit – Any Direct Debit payment arrangement is subject to the conditions set out in the Direct Debit Agreement. Fees and charges apply and will be enforced accordingly for Direct Debit payment arrangements.
Ongoing Payments – Once the minimum 3-month commitment period has been completed you will be direct debited on either a weekly or fortnightly basis (depending on the payment method you have chosen).
Expiration of Services – All In-Person services expire three (3) months after the original purchase date. Online Services/programs will expire once payments have ceased.
6. REFUNDS & SERVICE CONTRACT CANCELLATION
Service Problem(s) – If you have a problem with a service contact Management directly, either verbally or in writing, and explain the problem, and we will endeavour to resolve the problem in a reasonable time. If we are unable to rectify the problem you may be entitled to a refund or to cancel your service contract.
Refunds and Service Cancellation – Under Australian consumer law, refunds and service cancellations may not be provided in instances where there is a problem that is outside the control of the Provider, or where the Client (the Purchaser):
Changes their mind;
Insisted on having a service provided in a particular way, against the provider’s advice;
Failed to clearly explain their needs to the provider.
Refunds will not be provided for services already rendered by TYPERFORMANCE or its representatives or personnel.
Refund on Remaining Services – Refunds may be provided on any unused services, where the Clients requests a refund and has grounds to do so. Refunds will be calculated as follows.
Termination – All terminations require 2 weeks notice prior to cancellation of services and these must be sent via email.
Consolidation of Accounts - If at the time of a subsequent purchase you have outstanding payment due for services rendered, this will be considered and the account will be consolidated accordingly.
Outstanding Payments – If money is owed to TYPERFORMANCE for services rendered and not paid for, then the following notices will be given:
Initial Notice:
A notification email sent from the Client Administration detailing the owed amount and how the client has incurred this fee (for example a failed direct debit payment or an outstanding session), and instructions for payment. It is the Clients responsibility to make the payment accordingly, and send remittance via response email.
Notice of Escalation:
If a Client fails to rectify the matter after the Initial Notice, this will result in an escalation to Management. This will result in a further email notification
Expired Services/Payments - Payments will not be refunded for any unused services, and any unused services will only be valid until the Service Expiration date.
7. PRIVACY
Personal Information - We will do all that is reasonably possible and necessary to protect the personal information of clients and members, but where required by law or other authorities we may be required to release certain information.
8. DECLARATIONS
Compliance with Rules - I acknowledge that my Membership at TYPERFORMANCE is based on trust and is a privilege, and agree to abide by all terms and conditions, rules and policies as they apply. I understand that my failure to abide by the aforementioned, and any improper or unauthorised use of the facility may result in suspension or cancellation of my membership. TYPERFORMANCE reserves the right to suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the use, safety, and enjoyment of the facilities.
Clearance for Exercise – I acknowledge that I am in good physical health and am able to undertake and engage in the physical activities voluntarily at TYPERFORMANCE. I assume all responsibility for updating TYPERFORMANCE with respect to any changes in my physical or mental condition, and for reporting injuries sustained at the facility to Management.
Acknowledgement of Risk - I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of TYPERFORMANCE, and I agree to hold harmless and release the TYPERFORMANCE and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at TYPERFORMANCE.
Waiver of Liability - TYPERFORMANCE bears no responsibility for any injury, death, disability, property damage or psychological injury to the clients, members or other users of the gym. Further, by signing, the individual member or client are deemed to fully understand their rights and responsibilities in accessing or using the gym and facility in a correct fashion and understand they cannot pursue civil and any other damages against the TYPERFORMANCE Pty Ltd and its Directors.
