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Terms and Conditions 

IN ORDER TO AVOID ANY MISCOMMUNICATIONS AND KEEP ALL PARTIES HAPPY, ELENA'S FITNESS AND WELLNESS HAVE SOME SET TERMS AND CONDITONS. PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE ACCESSING THIS WEBSITE AND ITS SERVICES.

DECLARATIONS

This Agreement is entered into between the personal trainer (s) 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.
Your use of this site and its services constitutes agreement to comply with and be bound by these terms, along with our privacy policy and website disclaimer, governing the relationship between you and www.elenasfitnessandwellness.com. Your continued use of this website and its services implies acceptance of these terms. Throughout these terms, references to "Us," "Our," and "We" pertain to www.elenasfitnessandwellness.com, while "You" and "Your" refer to the client, visitor, or user of our website.

AMENDMENT OF TERMS 

We retain the right to alter, amend, add, or delete sections of these terms at our discretion. It's advisable to review these terms periodically before using our website to stay informed about any alterations. We'll make an effort to emphasize any significant changes to you whenever feasible. Your decision to utilize our website and its services signifies your conclusive agreement and acceptance that these terms regulate the rights and obligations between you and www.elenasfitnessandwellness.com.

LIMITATION OF LIABILITY 

You acknowledge that any participation in physical exercise, including personal training, or entering our premises or using any facility or equipment on our premises is at your own risk. You assume the risk of any injury and/or damage you may suffer, whether during exercise or otherwise. This includes injuries sustained from using facilities or equipment, even if provided by the Trainer, including those resulting from negligence, whether active or passive, of the Trainer or any associated individuals.
Your assumption of risk covers various activities such as using exercise equipment, sports areas, locker rooms, and general facilities. You voluntarily participate in these activities, assuming all risks of injury, illness, or loss to yourself or your property, including theft, arising from negligence or otherwise.
On behalf of yourself and all representatives, heirs, executors, administrators, agents, and assigns, you release and discharge Trainer and associated individuals from all claims or causes of action, known or unknown, arising from Trainer's negligence, whether active or passive, or from any associated individuals. This waiver includes injuries resulting from equipment malfunction, improper maintenance, negligent instruction, hiring or retention of employees, slipping, tripping, or falling on premises or during personal training, even due to negligent inspection or maintenance of the premises.

COMPETITION AND CONSUMER ACT

SERVICES DESCRIPTION

Our Training Packages encompass a wide array of exercise programs, incorporating a diverse range of activities. These activities include comprehensive testing, such as assessing the cardiovascular system, heart rate, muscle growth, endurance, and flexibility. Additionally, our programs involve various training exercises such as aerobics, aerobic conditioning, weight training, circuit training, cardiovascular exercises, utilization of machinery, training equipment, free weights, circuit machinery, cardiovascular machines, stretching, weight lifting, and an assortment of other training activities, techniques, and exercises. Payment for these training packages is required either on-site or through a membership arrangement, payable every one and/or two weeks.

TERMINATION AND REFUNDS 
Refunds are not applicable in cases of no-shows or tardiness exceeding 5 minutes. Failure to confirm a session 12 hours before the scheduled appointment incurs a non-refundable charge. Our pricing plans and subscriptions operate on a default 52-week payment cycle. To effect termination, a written email notification must be submitted at least two weeks prior to the intended termination date. Failure to provide this requisite notification will result in the absence of refunds for the extended period.
Additionally, purchasers of our online fitness program will cease to receive further correspondence upon receipt of resources. Continued communication, guidance, or modifications to your training regimen are available within both online coaching and personal training services. Your contentment and progression are pivotal to us, and we are dedicated to fostering your fitness journey in the manner that best aligns with your preferences.

LINKS TO OTHER WEBSITES:

Our website, www.elenasfitnessandwellness.com, occasionally features links, advertisements, or information directing users to external websites for their convenience. It's important to note that this does not imply sponsorship, endorsement, or formal arrangement between www.elenasfitnessandwellness.com and the owners of those websites. www.elenasfitnessandwellness.com holds no responsibility for the content found on these linked websites.
Moreover, content or advertisements provided by third parties on www.nasiaskin.com's website are offered without any direct endorsement or approval by www.elenasfitnessandwellness.com. We provide these as 'recommendations' and do not assume responsibility for the information or advice conveyed directly by third parties. Please be advised that while we may present recommendations, we do not offer advice, and any information received from third parties is beyond our responsibility.

DISCLAIMER AND WAIVER

Our Personal Trainers are not health practitioners or registered medical professionals and do not engage in diagnosing or treating medical conditions. Rather, they propose possibilities for enhancing health without claiming medical expertise. Clients acknowledge the potential variability and risks associated with implementing recommended exercises or dietary suggestions, accepting these at their own risk and understanding the necessity of consulting their medical practitioner beforehand. Information and exercises provided in our exercise videos serve purely educational purposes and do not constitute professional or medical advice, requiring consultation with a medical practitioner before use. www.elenasfitnessandwellness.com disclaims all warranties, expressed or implied, regarding the documents, goods, or services offered, and while striving for accuracy, reliability, and up-to-date information, does not warrant their correctness, suitability, or accuracy. It's crucial to understand any associated risks before using this website or its products/services, and it's the user's responsibility to comprehend and mitigate these risks, as certain exclusions might not apply based on local laws and regulations.

YOUR PRIVACY 

 

THIRD PATIES 

We are committed to never selling or engaging in transactions involving personal or customer information. While we may utilize your information anonymously to generate marketing statistics, understand user demands, and broadly support customer requirements, we do so without referencing specific names. Furthermore, the data you provide may be used exclusively to enhance our website and services and will not be employed for any other purposes.

DISCLOSUR OF INFORMATION

Under specific circumstances, www.elenasfitnessandwellness.com may be obligated to disclose information in good faith. This obligation may arise under the following circumstances: complying with the law or any court order, enforcing the terms outlined in our customer agreements, or safeguarding the rights, property, or safety of our customers or third parties.

EXCLUSION OF COMPETITORS 

If you engage in creating similar documents, goods, or services, intending to offer them for a fee to users—regardless of being business or domestic users—you qualify as a competitor of www.elenasfitnessandwellness.com. Accessing our website, downloading documents or information, or obtaining such materials through third parties is expressly prohibited and not permitted by www.elenasfitnesandwellness.com. Any violation of this condition will render www.elenasfitnesswellness.com holds you accountable for any resulting loss and liable for all profits gained from such unauthorized use. www.elenasfitnesswellness.com reserves the sole discretion to exclude and deny access to our website, services, or information to any individual.

 

 

 

Commitment Statement: 9client obligation 

Prior to commencing the initial session, it is imperative to schedule a consultation appointment. On the day of the consultation, kindly furnish the trainer with your medical certificate, either in person or via email. This consultation can be conducted through face-to-face interaction or via Telehealth.

In preparation for your training, you have the option to become a member of Goodlife gym at Fountain Gate, or alternatively, you can purchase a casual entry upon your arrival.

Cancellation Policy:

A friendly reminder will be sent to you via SMS 24 hours before your session. We kindly request a minimum of 12 hours' notice for any cancellations. Regrettably, failure to provide this notice will result in a full cancellation fee being charged.

Pricing Schedule:

Pricing for both one-on-one training and group training sessions has been mutually discussed and agreed upon with the client in accordance with our pricing schedule.

Financial Arrangement:

Privacy Policy:

Please be assured that any information provided during the consultation or on any forms is considered confidential and will not be shared with external parties without your explicit consent.

Videography and Photography:

We may capture videos and photos during your fitness journey with us. If you prefer not to be included, please inform your trainer.

We extend a warm welcome to Elena's Fitness and Wellness! To book a personal training session or group class, please click the button below. Thank you for choosing us.

attachment:

the client has read and exuted the full disclosure of physical conditions/ infrmed consent and assumption of ris and release of liability form, attached hereto and incoperated into the agreement as is fully set form herein. 

 

coed of contract 

use of images and testimonials 

Privacy Policy

As personal trainers collect a multitude of personal health information from clients, under the Privacy Act 1988, you are legally obligated to have a Privacy Policy, regardless of your turnover.

See our article on Privacy Policies here that provides further details on what should be included.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.nasiaskin.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.nasiaskin.com concerning your use and access to www.nasiaskin.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.nasiaskin.com that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

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