ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, TERMS & CONDITIONS

DECLARATIONS: This Agreement is entered into between personal trainer Kelly Fisher/The Active Being (“Trainer”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of QLD.

CASUAL / PERMANENT TIMESLOTS: CASUAL RATE: Clients can book into sessions / extra session on a casual basis, for the casual fee. The casual fee must be paid for at the time of booking the session/s. If the casual fee is not paid for upon booking the session, The Active Being has the right the charge the bank account / debit card associated with the account on the PT Minder app. All casual session/s must adhere to the same terms and conditions outlined in this agreement. 

COVID RESTRICTIONS In the event of COVID restrictions, lockdowns or any other event that means The Active Being is unable to deliver in person sessions, our timetable will continue virtually with some adjustments. Sessions will be delivered in live time/streamed via Microsoft Teams. No changes to membership prices will be made in this time. During covid restriction periods masks and social distancing will be required in line with government directives.

Special Circumstance
If for any reason training virtually/virtual timetable is not available to you, please contact The Active Being at the time of occurrence to discuss alternatives.

SUSPENSIONS / HOLDS  A membership can be suspended for a minimum period of 1 weeks and a maximum of 6 weeks in  total per calendar year (Jan-Dec), suspensions require at least 7 days’ notice, in writing & via the PT  Minder app. Include: ‘Suspension’ in Subject and include start and end date when requesting.

In the event The Active Being is closed for holidays such as Christmas or the like, this shut down period will not form part of your quota, meaning that you can have an additional 6 weeks to any period above the business initiated shut downs.

CESSATION OF SERVICES There is a 7 day notice period for all cessation of services. Cancellation requests must be submitted  via the PT Minder app after discussions with the trainer.  A medical cancellation would be where a medical certificate is provided outlining that the client can  no longer participate in physical exercise indefinitely which would result in an immediate  cancellation. Cancellations of services cannot be backdated. If a medical certificate is provided  outlining that the member can no longer participate in physical activity the membership will be  terminated effective immediately. 

CANCELLATION / RESCHEDULE OF SESSION If a client cannot attend their timeslot, providing there is 3 hours’ notice, the  client can cancel their session via the PT Minder app, and reschedule their session via the PT Minder  app to another timeslot that/next week. If 3 hours’ notice is not provided, the client will forfeit their  session and the full fee will apply. Sessions cannot be carried over past the following week or  accumulated to use at a later date.  If the client cannot attend another session at another timeslot during that/following week, they forfeit the  right to that session and the full fee applies.  The only time a session will be carried over or credited will be when the trainer cancels a session,  and the client cannot attend another timeslot during that week. 
Special Circumstances: At the trainers discretion, due to special circumstances, the trainer may choose to adjust these terms on a case by case basis.