Just Training – all ongoing/roll over

“12 Months” 50 weeks at $45.00 per week
“6 Months” 26 weeks at $50.00 per week
“3 Months” 12 weeks at $55.00 per week
Challenges/shreds at $55 per week
Weekly pass at $60 per week – no cancellation fee but required 4 weeks notice to cancel
Foundation memberships included

 

Updated: All memberships moving forward are upfront payments only. No refunds, transfers or credits are offered under any conditions.

1. Background

1.1 We own the business trading as Lifestyle Purpose Personal Training.

1.2 You wish to purchase goods and services from us and we agree to supply those goods and services to you on the terms and conditions contained herein.

1.3 Where the Client is under the age of 18, the Parent or Guardian agrees to these terms and conditions on behalf of the Client.

1.4 These terms and conditions apply on every occasion we provide goods and services of any type to you unless agreed otherwise in writing between us. You are deemed to accept these terms and conditions as binding on you and the Parent or Guardian (as the case permits) upon the acceptance of the goods and services.

1.5 If you request goods and services from us, we are not deemed to have agreed to provide the goods and services until confirmed in writing by us at our discretion. We may at our discretion elect not to provide the goods or services to you in consideration of the information provided in the ancillary documents.

2. Quotations and Pricing

The price for the goods and services will be as quoted or invoiced by us in writing to you
2.2 All prices are exclusive of any delivery costs, GST, as well as any other taxes, tariffs, duties or charges levied. You agree to pay any such costs, taxes, tariffs, duties or charges irrespective of whether they are directly charged to you or us.

2.3 We may amend or withdraw a quotation for the provision of goods and services at any time before it is accepted by you.

2.4 You may not vary or cancel any request for goods and services unless you:

(a) first obtain our written consent; and

(b) indemnify us for any loss or damage caused by the variation or cancellation.

3. Promises to each other

3.1 We will:

(a) act in good faith in providing the goods and services to the agreed place within the agreed timeframe or if no timeframe has been agreed, then in a timely manner;

(b) not be liable to you for any loss or damage should we be unable to provide the goods or services in the agreed timeframe or where no timeframe is agreed, in a timely manner.

(c) LPPT has the ability to alter the Terms and Conditions at our discretion, however notice to our client’s will be provided when/if this occurs.  LPPT will not be liable for any loss or detriment suffered by changes to the Terms and Conditions. 

3.2 You must:

(a) pay all amounts due and payable to us without deduction or set-off;

(b) advise us of all medical conditions, impairments, disease or other illness which could impact upon your ability to participate in exercise programs or impact your use of exercise and fitness equipment; and

(c) provide us with a medical clearance certificate which confirms that you are able to participate in the personal training services, if reasonably required by us.

4. Payment, Credit and Interest

4.1 You agree to pay us all monies which are owing for the goods and services prior to the provision of the goods and services.

4.2 You agree that we may:

(a) charge interest at the rate of 9.25% per annum calculated from the due date of payment until the actual date of payment; and

(b) delay supply of the goods and services until such time as all monies which are owing to us are paid in full.

5. Warranties and Limitation of our Liability

5.1 Except as required by law, we give no express warranty in relation to any goods and services supplied to you. You acknowledge that you have not relied on any representations or warranty made on our behalf.

5.2 All warranties, guarantees and conditions implied at common law or under statute are expressly excluded from these terms and conditions unless such exclusion would be illegal or void.

5.3 To the extent permitted by law, liability under these terms and conditions or a warranty, guarantee or condition which cannot legally be excluded is limited to:

(a) the supply of the good and services again; or

(b) the payment of the cost of having the goods and services supplied again.

5.4 Except as expressly provided in these terms and conditions, we are not liable for any consequential loss or damage (including loss of profits, revenue, business opportunities, anticipated savings and damage to goodwill).

5.5 You acknowledge and accept that you are aware of the inherent risks of injury or ill health resulting from the provision of the services and from participation in exercise generally. You agree to participate in all activities at your own risk and responsibility whether supervised by us or not. You agree to release us and hold us harmless from and against all actions, brought by you or the Parent or Guardian or on your behalf in respect of any incident arising out of injury, loss, damage or death caused to you or your property in anyway whatsoever.

5.6 We have not provided any warranty or representation to you in respect of the results that you may achieve in respect of the services being provided and you acknowledge that results may vary between individuals.

The ancillary documents are designed to help individuals progress towards their health and fitness goals. They are not specially tailored to suit any injuries, health problems or any other problems that could be aggravated with low, moderate or high intensity physical exercise. If you are an individual with such problems please seek the help of own medical or health care professional.
5.8 We make no warranties or representations express or implied to the accuracy or completeness, timeliness or usefulness of opinions, advices, services or other information contained, or referenced to, in the ancillary documents. We do not assume any risk for your use of this information.

6. Non-Availability of Goods

While every effort will be made by us to fulfil your order for goods, we will not be liable for any loss or damage you suffer through non-availability arising from factors beyond our reasonable control.

7. Default and Termination

7.1 You may give notice to us at any time that you wish to terminate our agreement to provide the goods to you. However, if this occurs, you agree to pay our costs for work done and any loss or damage suffered by us as a result of the termination. This may include forfeiting any deposit or other monies paid, at our sole discretion. To cancel any ongoing contract (ALL MEMBERSHIPS/SHREDS/CHALLENGES or any other term used to describe training at LPPT is an ongoing membership) before the end of the Minimum Term, a minimum of 4 weeks’ notice (or the monetary equivalent of 4 weeks payments, if applicable) and a $500 cancellation fee + pay 4 weeks notice is required.

All payments will continue until you decide to cancel. If you decide to cancel within your contract time: cancellation fee of $500 + pay 4 weeks notice emailed.

If you cancel outside of your contract (e.g. after 12 months) you must give 4 weeks notice or pay the equivalent of 4 weeks payments to cancel.

If you want to cancel at the end of your contracted period, you must give 4 weeks notice, emailed, BEFORE the final week of payment otherwise you will continue to pay until the 4 weeks is up.

If there are any issues with payments and the debt collectors need to collect owing funds, they will also charge a fee which must be paid.

To put your membership on hold: $75 administration fee. You can only put your membership on hold once for 3 weeks maximum.

To transfer to someone else, there is a $75 administration fee.

7.2 In the event that you are unable to continue participating in the services you may terminate our agreement. However, such notice must be accompanied by a medical certificate from your general practitioner which confirms that you are unable to continue with the activities which form a part of the services.

We may terminate this agreement if we become aware of any circumstances which would make the provision of the services unreasonable or unsuitable in our reasonable opinion.
7.4 In the event that the agreement is validly terminated in accordance with clause 7.2 or 7.3 and you have prepaid us for the services, we will issue you with a credit equivalent to balance of the term.

7.5 We may terminate this agreement without incurring any liability to you if there has been a substantial increase in the cost of supply of goods or services between the date of this agreement and the date of dispatch arising from circumstances beyond our reasonable control and you and we cannot agree on an adjusted price for the goods or services.

7.6 Without prejudice to any of our accrued rights or remedies:

(a) if an event of default occurs, then:

(i) any monies payable by you to us whether due for payment or not will become immediately due and payable;

(ii) we may cancel any outstanding arrangement with you;

(iii) we may terminate this agreement immediately upon the event of default not being remedied by you within three (3) business days of the receipt of a notice from us requesting the event of default to be remedied; and

(iv) we may recover any legal costs incurred by us (on a full indemnity basis) in taking any steps to recover any monies payable by you.

8. Guarantee and Indemnity

8.1 The Parent or Guardian has requested that we enter into these terms and conditions with the Client and we have agreed to do so in consideration of the Parent or Guardian providing this guarantee and indemnity which is given by signing these terms and conditions.

8.2 The Parent or Guardian jointly and severally guarantees the due and prompt performance of the Client of all its obligations under these terms and conditions including the payment of all monies payable.

8.3 The Parent or Guardian indemnifies and agrees to keep us indemnified against any loss and damage we may suffer resulting from any failure of the Client to perform its obligations under these terms and conditions.

8.4 This guarantee and indemnity will not be affected by:

(a) an assignment by us of our interest in these terms and conditions;

(b) a variation to the terms and conditions;

(c) termination of these terms and conditions;

(d) the granting of any time, forbearance or other concessions by us to the Client or the Parent or Guardian;

(e) the release or death of one or more of the Parent or Guardian.

8.5 The liability of the Parent or Guardian will continue until the Client has paid all money and performed all of its obligations under the terms and conditions.

9. Authority to Release Photographs

9.1 You authorise us to use and publish photographs of you in print and/or electronically. You agree that such photographs may be used with or without your names and for any lawful purpose, including publicity, illustration, advertising and web content.

9.2 You will not be consulted about the specific context in which your photograph appears and we are not required to inform you where or when your photograph is being used.

10. Online Services Terms of Use

10.1 We provide online services to you in connection with the provision of the goods and services. By signing these terms and conditions, you accept the terms of use of online services set out herein.

10.2 You are responsible for all content you contribute to our online services, including text, photos, videos, audio and links.

10.3 By sharing content to our online services you:-

(a) grant us a royalty-free licence to use your content in any way we want;

(b) confirm that you have the right to use any copyright material you contribute;

(c) confirm that you have permission of anyone appearing in the material that you contribute, including Parent or Guardian consent for anyone under the age of 18;

(d) acknowledge that we have ultimate control over the content shared on the online services and agree that we may edit or remove you contribution if we consider it to be inappropriate or unsuitable.

10.4 If you breach the online services terms of use we may restrict or limit your access to the online services.

11. Privacy Policy

11.1 In the course of providing the goods and services to you we collect and hold your personal information.

11.2 The kind of personal information collected by us includes:-

(a) your name;

(b) your contact details;

(c) you photographs;

(d) details about your health and medical history; and

(e) any other information that you chose to disclose to us.

We do not collect any personal information about you unless you specifically disclose it to us, you might do this by completing the ancillary documents, engaging with our online services or by otherwise communicating with us.
Your personal information will be held for an indefinite period of time and will be stored and disposed of securely.
Your personal information will be used by us to structure the provision of the services to you as an individual and it is strictly held by us in connection with the provision of the services. We do not disclose your personal information to third parties except as required by law or as reasonably required to protect us.
You may request copies of your personal information held by us at any time, these requests are best made by emailing us. If any of the personal information held by us is not correct, you may direct us to correct that information.
If you wish to make a complaint about our privacy practices the procedure is as follows:-
Prepare a written complaint (and provide details of how we can contact you to resolve the complaint) and post or email it to us in accordance with clause 14 of these terms and conditions;
We will acknowledge receipt of your complaint within five (5) business days of receiving the complaint;
We will provide you with a response to your complaint within thirty (30) days;
(d) if you are dissatisfied with the response to your complaint or your complaint has not been responded to within thirty (30) days, you can make a complaint to the Privacy Commissioner at the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218

SYDNEY NSW 2001

12. Intellectual Property

12.1 All intellectual property rights in the ancillary documents, online services, the services and the goods owned or licensed to us including all logos, images, names, designs, trademarks and copyright are reserved to us.

12.2 You may not reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble our intellectual property without obtaining our prior written permission.

13. Notices

13.1 Any notices to each other required by these terms and conditions must be in writing and sent to the address noted in this agreement.

13.2 Notices are taken to be received:

(a) if hand delivered, at the time of delivery;

(b) in the case of a posted letter, on the third business day after posting; and

(c) in the case of email, when the confirmation of receipt from the receiving machine is received by the sender.

14. Dictionary and Explanation

(a) “ancillary documents” means any associated Information Sheet, the Pre-Exercise Questionnaire and any other relevant documents which may form a part of our agreement from time to time.

(b) “event of default” means any one of the following:

(i) you fail to pay any invoice or demand for payment issued by us;

(ii) you breach your obligations under these terms and conditions and the breach is not remedied within three (3) business days;

(iii) your cheque to us is dishonoured for payment; or

(iv) you fail to return the completed ancillary documents to us.

“goods” means LPPT branded merchandise.
(d) “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

(e) “law” means the Competition and Consumer Act 2010 (Cth) (as amended from time to time) and any other applicable law;

(f) “online services” means without limitation the LPPT Facebook Page, all Facebook groups associated with the provision of the services and the LPPT Instagram Page.

(g) “services” means the personal training services provided by us to you including the provision of the ancillary documents.

(h) “term” means the period during which the services will be provided to you in accordance with the associated Information Sheet which forms a part of the ancillary documents.

(i) “terms and conditions” means this agreement together with any quotation, order or credit application which may be annexed to these terms and conditions;

(j) Unless expressed to the contrary, in these terms and conditions:

(i) “you” means the Client who signs this agreement and “we” or “us” means the Trainer of the goods and services.

(ii) a reference to any party includes that party’s legal personal representatives, successors or assigns;

(iii) if words or phrases are defined, other grammatical forms have corresponding meanings;

(iv) a reference to a monetary amount means that amount in Australian currency;

(v) “includes” means “includes without limitation”;

(vi) conduct includes any admission, statement or undertaking, whether or not in writing;

(vii) a right or obligation of any two (2) or more persons confers that right or imposes that obligation jointly and severally.

15. General

15.1 Survival

Any obligations in these terms and conditions which are of a continuous nature or which are not fully satisfied and discharged on fulfilment or termination of an order, will continue to apply.

15.2 No Waiver

Our failure to enforce at any time, or for any period of time, any term of trade will not constitute a waiver of such term and will in no way affect our right later to enforce those terms.

15.3 Entire Agreement

These terms and conditions represent the entire agreement between the parties and supersede all prior negotiations, arrangements, agreements and understandings, either verbal or written between us.

15.4 Assignment

We may assign the performance of our obligation to provide the services to you from time to time as reasonably required without any notice to you.

15.5 Variations and Errors

No variation to these terms and conditions is enforceable unless it is in writing and signed by both of us and the Parent or Guardian. Any clerical errors are, however, subject to correction by us.

15.6 Severance

Any provision of these terms and conditions which are found to be invalid or unenforceable are to be severed but all other provisions shall remain unaffected.

15.7 Counterparts

These terms and conditions may be signed in counterparts (meaning at different times, in different places, by the respective parties). The counterparts, once exchanged, constitute binding terms and conditions on both of us.

15.8 Governing Law

These terms and conditions are governed by the laws of Queensland and the Commonwealth of Australia and both of us submit to the non-exclusive jurisdiction of the courts of Queensland.