Terms & Conditions

1.1 These terms and conditions (Terms) are entered into by 686 PT Studio Pty Ltd (ACN 673 812 283) (we, our or us) and the

person using our services (you), together the Parties and each a Party.

1.2 Services: We provide personal training sessions at our private gym. We agree to provide the Services to you on these terms and conditions.

1.3 Acceptance: You accept these Terms by accepting them online or making part or full payment of the fees (Fees). You accept and warrant that you have legal capacity to enter into a legally binding agreement with us and you are 18 years or older.

1.4 Important Information: Please note that your participation in the Services may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants or the equipment supplied by us to you, or otherwise used by you. You agree that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services. We limit our liability as permitted under the Australian Consumer Law, please see the Australian Consumer Law section below.

1.5 Accounts: You may book, modify or cancel your registration for the Services through our third-party booking platform (Platform). You must ensure that any personal information you give to us when creating an account for the Platform is accurate and up to date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

1.6 Access to Services: We will provide the Services to you in accordance with these Terms and in consideration for your payment of the Fees. You may purchase a personal training session (Session) in accordance with the price list on the Platform.

1.7 Booking Sessions: You may use the Platform to book a Session.

1.8 Rescheduling Sessions: All requests to reschedule or cancel a Session must be made via the Platform or via email and will be subject to our availability.

1.9 Cancellation Policy: Where you cancel or reschedule your Session less than 24 hours before the time of your Session you will be charged for the Session as if you had attended, and will not receive a refund subject to your Consumer Law Rights.

1.10 Payment Terms: Fees for your Sessions will be billed via direct debit on a fortnightly basis. Our payment methods will be set out on the Platform. If you choose to pay the Fees using one of our third-party payment processors, you may need to accept their terms and conditions. You agree to pay the Fees according to these Payment Terms. You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder.

1.11 Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due and we can also ask you to pay for any extra costs we face because you didn’t pay on time. This includes any costs to get those payments from you.

1.12 Termination for convenience: Either party may terminate these Terms by providing 30 days’ written notice via email to the other party.

1.13 Termination for breach: These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfil a significant obligation under these Terms. If the Defaulting Party does

not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-

Defaulting Party has the right to terminate these Terms immediately.

1.14 Social Media: You consent to us taking photographs, file or other pictorial or audio recordings of you during a Session to use, reproduce, publish, communicate or broadcast, whether altered or enhanced or in conjunction with any other images or text in any form (including in on our website, social media, third party websites or blogs, print or digital media, in a publication, poster or presentation) for advertising, marketing, informational, promotional, fundraising or any other commercial purpose or for teaching and research purposes.

1.15 Australian Consumer Law: Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. This clause will survive the expiry of these Terms.

1.16 Liability: We will perform our services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Our liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of you. Subject to your Consumer Law Rights, our total aggregate liability in respect of a Liability under these Terms and conditions is limited to the Fees paid by you.

1.17 Exclusions: Despite anything to the contrary, to the maximum extent permitted by law (including the ACL), we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):

(a) your acts or omissions;

(b) your breach of these Terms any law or third party rights;

(d) any information, documentation, specifications or directions given by you; and/or

(e) any event beyond our reasonable control, including a Force Majeure Event (whether known or unknown at the start of the Term).

1.18 Confidentiality: Both parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.

1.19 Variations: Changes to the Services need to be written and agreed upon by both parties. We may update our Fees from

time to time without written notice to you and any updated Fees will be made available at the time of booking a Session. If

you do not agree with any Fee changes, you can terminate these Terms in accordance with clause 1.12.

1.20 Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.

1.21 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.

1.22 Governing Law: These Terms are governed by the laws of New South Wales.

1.23 Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

1.24 Amendments: Both parties must sign any changes or modifications to these Terms in writing.

1.25 Definitions: The Fees will be as set out on the Platform and the Term commences on the date when accept these Terms and continue until the date we consider the Services to be complete or supplied to you, unless earlier terminated in accordance with these Terms. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.