Terms and Conditions

TO: Inform Health and Fitness Pty Ltd ACN 101 842 988 (“Inform, You”) I hereby acknowledge and agree –

GENERAL TERMS AND CONDITIONS

1. That this is a legally binding Agreement between Inform trading as Inform Health & Fitness (“Inform, You”) and me being the person indicated on this document.  

2. To pay Inform your subscription fee in full, including any start-‐up fee which Inform may charge. 

3. That Inform reserves the right to vary its services and fees at any time.

4. That Inform may vary, change or relocate any of the facilities at any time.

5. That Inform reserves the right to terminate its services to me for any breach of this Agreement.

6. That a training card or pass may be issued to me and the production of the issued card or pass may be required for access to the facilities.

7. That any application for PT services by a person under eighteen (18) years of age must be signed by a parent or guardian, who will accept liability for paying subscription fees and for any breach of this Agreement.

8. I am liable for all reasonable costs incurred by Inform as a result of any breach by me of this Agreement.

9. That prior to the commencement of my Exercise Professional sessions with Inform that I will complete a health and fitness background questionnaire and undergo a physical assessment and warrant that I am in good physical condition and capable of undertaking Exercise Professional sessions without detriment to my health. I further agree to notify You immediately of any medical condition or injury that may affect my ability to safely undertake Exercise Professional sessions.

10. That in the event that I suffer any injury or medical emergency that I consent to Inform taking all reasonable actions to assist me. These actions may include, but are not limited to, the provision of first aid, obtaining qualified medical assistance or an ambulance. I agree that I will be liable to pay all costs associated with any actions taken by Inform, its staff or agents in obtaining medical assistance.

11. And warrant that the information provided by me in this Agreement and in support of this Agreement, is true in every respect and I agree that Inform may terminate this Agreement if any information provided by me, is false in any way.

12. That Inform may at its discretion modify or restrict access to the facilities available to me for the purpose of maintenance repair or alterations. In such event inform may at its absolute discretion provide a refund or schedule another time for any Exercise Professional sessions which cannot be completed due to maintenance, repairs or alterations.

13. That to the maximum extent permissible under law, Inform will not accept liability for damage or loss to my property (including any vehicle parked on the premises).

14. That to the maximum extent permissible under law Inform will not be liable for any accident or injury (including death) I may suffer during sessions completed on premises or remotely. I undertake to immediately report any accident or injury that occurs.

15. That if I have selected to have any subscription fees paid as a direct debit by my credit card I hereby agree and authorise Inform to keep a record of my credit card and personal details for this purpose. I also hereby authorise Inform to disclose these details to such a third party as Inform at its discretion engages for the purpose of providing direct debit billing services.

15.1 That in selecting the direct debit payment option I agree that addition fees and charges may apply and are subject to change without notice

15.2 That upon request Inform will provide me with further information with respect to any additional fees or charges that may apply from time to time.

16. That Inform collects personal and limited sensitive information to promote its products and services and to limit the risk and injury and threat to life of individuals who employ their services and use their facilities. Representatives of Inform collect information from me wherever possible (except in the case of minors) for the purpose of marketing and fulfilling your contractual obligations to your clients. My personal information will usually be handled by employees of Inform. Under the Privacy Act I am entitled to access personal information about myself which is held by Inform. If I wish to request access to my personal information I should contact; privacymanager@informhealth.com

17. That any money that I owe you under this Agreement may be recovered as a debt. I agree that I will pay all reasonable costs you incur to recover any debt from me.

18. That if any Court of competent authority declares any part of this Agreement unenforceable or if this Agreement would, if any part were not omitted, be unenforceable then that part will, without in any way affecting the enforceability of the remainder of this Agreement be construed as if that part were not contained.

19. That I have read and understood the terms of this Agreement and am legally capable of entering into this Agreement and I am bound by its terms.

Special Terms and Conditions

20. That Inform does not provide refunds on training passes that have already commenced. However unused passes purchased in advance may be refunded or transferred to another person. A transfer fee of $199 will be charged if the transferee is not an existing client of iNform or has not been a client within the previous twelve (12) months. (This fee covers an initial health assessment).

21. That suspension or cancellation of training passes or sessions will be assessed by Inform on an individual basis, and will be done solely at your discretion.

22. To provide at least twenty-four (24) hours’ notice to Inform if I wish to cancel a Exercise Professional session. If I do not provide at least 24 hours’ notice or do not attend a scheduled appointment with Inform, I agree that you may charge me for that session.

23. That to enable Inform to provide me with a punctual and efficient service there is a fifteen (15) minute limit on my use of the cardio equipment before and after my scheduled session with an Exercise Professional.

24. That individual half-‐hour and one hour Exercise Professional sessions which are purchased individually or together as a “pack”/”pass” expire twelve (12) months from the date of commencement and any unused sessions will not be refunded.

25. Sessions purchased on a 13 Week Training Block can be paid upfront (via efpos or Auto Renewal); or through our direct debit system using EzyPay.

• If paying upfront: you will be notified every 13 weeks when due to renew a training block. Unused sessions expire at the competion of a 13 Week Traning Block (for example, this may mean training with another trainer at a different time or day, or doing an extra session one week).
• If paying via direct debit EzyPay (weekly or fortnightly payments): a minimum commitment of 13 weeks is required. If you wish to extend, the direct debit can be made ongoing, with sessions accounted every 13 weeks. Upon cancellation of the direct debit, any missed sessions are forfeited.

26. That iNform Health and Fitness Solutions Pty Ltd can use images, video recordings, information, and all other like matter for an appropriate purpose without the need for further express consent to be given in regards to the dissemination of images, video recordings, information, and all other like matter.