Terms & Conditions.
These are the terms and conditions of Heart Body & Soul. Please read the terms and conditions carefully and indicate your acceptance of them.
1. Eligibility
To book and participate in a Heart Body & Soul session you must
a) Be at least 18 years of age
b) Be a registered client with Heart Body & Soul
c) Complete the Heart Body & Soul pre-exercise questionnaire
d) Accept the Heart Body & Soul terms and conditions
2. Participation in Heart Body & Soul Sessions
You may participate in a Heart Body & Soul session on the following basis:
a) Session credit holder: Holders of group session credits pay a fixed fee for a number of session credits. The fixed fees are set out in the price list and must be paid in advance. All purchases are final.
b) Term booking: Term block bookings pay a fixed term fee fee in return for a period of time during which they may attend a pre-determined number of Heart Body & Soul sessions per week. All purchases are final.
c) Casual booking: Holder pays for 1 session at the fixed fee as set out in the price list and must be paid in advance. All purchases are final.
3. Fees
Fees for participation in Heart Body & Soul sessions are set out online.
Fees must be paid in advance of the session.
Fees may change without notice.
Fees paid for any Heart Body & Soul sessions are final and non-refundable unless with the written authorisation of a Heart Body & Soul Director.
4. Online purchases – security policy
All online purchases are protected by the Privacy Policy for Ezidebit, which can be viewed here.
5. Bookings
You accept that
a) Bookings can only be made online at www.heartbodyandsoul.com.au or via the Mindbody app.
b) Bookings will be confirmed by email.
c) You must notify Heart Body & Soul if there are any changes to your registration details as completed by you prior to your initial/first booking.
d) You must notify Heart Body & Soul if there are any changes to your medical condition which would alter your original response to your medical questionnaire completed by you prior to your initial/first booking.
6. Alterations and cancellations by Heart Body & Soul
Every effort will be made to ensure that your session runs as per the details in your booking. However, Heart Body & Soul reserves the right to vary session details (including time, location, format and instructor) or cancel a session entirely if necessary. Where appropriate, notice of these changes may be made via email, phone or in person.
If Heart Body & Soul changes a session location or cancels a session due to unforeseen circumstances, every reasonable effort will be made to inform customers prior to the session.
7. Cancellations by you and “no-shows”
Metafit sessions can be cancelled up to 30 minutes prior to session start time and no charge will be applied. If you know you will be unable to attend please cancel your session via the app or through your account on-line.
For Fitness for Mums CardioBox, Strength + Tone, Foundations there is a 3-hour cancellation window. Please cancel your session via the app or on-line via your account to early cancel your booking and avoid being charged.
If you late cancel or miss a booked session, for whatever reason, the following will apply:
a) Cancellations within 3-hours prior to your session – your session will be charged.
b) Cancellations once your session has started – your session will be charged.
c) Refunds for missed sessions or no-shows will not be issued.
8. Personal Information
Heart Body & Soul may collect, use and disclose the information provided by you on the terms and for the purposes (including marketing and promotional purposes) set out in Heart Body & Soul Privacy Policy.
9. Health and Fitness
You must complete the Heart Body & Soul Pre-exercise Questionnaire prior to booking and participating in your initial/first Heart Body & Soul session. You undertake to provide Heart Body & Soul with true and complete information. If your answers alert staff to any medical concerns from the questionnaire Heart Body & Soul reserves the right to reject your application and you will not be permitted to participate in a Heart Body & Soul session without the written consent of your doctor, medical practitioner or therapist. In the event of any change to your health, or condition that would affect your ability to engage in physical activity, or to any answer provided in the questionnaire, you undertake to inform Heart Body & Soul prior to the commencement of a session.
In the event of an emergency or should the need otherwise arise, you give Heart Body & Soul permission to contact your nominated emergency contact, medical practitioner or therapist.
10. Safety
You agree that, when present or participating in a Heart Body & Soul session, you will be careful, both for yourself and others, and you will comply with the safety regulations and instructions of Heart Body & Soul trainers at all times. If exercising in a public space you will observe all local rules, road rules and local laws. If at any time a Heart Body & Soul trainer considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session. Heart Body & Soul, at its discretion, may also refuse your participation in future Heart Body & Soul sessions.
11. Child safety
Heart Body & Soul accepts no responsibility for the safety and wellbeing of children during our session. The safety and wellbeing of the child (or children) is solely your responsibility.
You accept that there is a risk (however minimal) of voluntarily involving your child (or children) in this activity and that you involve your child (or children) at their own risk.
12. Acknowledgement and Acceptance of Risk
You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and that you voluntarily undertake to participate in a Heart Body & Soul session at your own risk.
You represent and warrant that you have disclosed to us all information about your medical condition and history that you are aware of that relates to your participation in a Heart Body & Soul session. You understand that participation in a Heart Body & Soul session may involve exercise or activity that you should not undertake if you suffer from any medical condition or have a pre-existing injury. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner or therapist.
13. Liability
General
To the extent permitted by law, Heart Body & Soul excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms.
Limitation of liability
If Heart Body & Soul fails to provide the services in accordance with these Terms, Heart Body & Soul will, at its discretion, re-supply the services or pay the cost of re-supplying the services.
Exclusion of liability
To the extent permitted by law, Heart Body & Soul excludes its liability for any loss (direct or indirect) of any person arising from or in connection with these Terms or participation in, or transport to/from, a Heart Body & Soul session, including, without limitation, any loss (direct or indirect) arising from or in connection with:
- any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness; or
- any medical condition, injury or illness which you sustain during any session run by Heart Body & Soul; or
- any medical condition, injury or illness which your child (or children) sustains during any Heart Body & Soul session; or
- any damage to or loss of your personal property during any session run by Heart Body & Soul.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
14. Indemnity
Except to the extent of Heart Body & Soul, or a Heart Body & Soul employee’s, negligent acts or omissions, you agree to indemnify and hold harmless Heart Body & Soul and all its employees from all loss (direct and indirect) for which Heart Body & Soul or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these Terms or participating in a session run by Heart Body & Soul .
15. Changes to these Terms and Conditions
Heart Body & Soul reserves the right to change these Terms and Conditions without notice. Once a customer has successfully registered as a client by accepting the Terms and Conditions the responsibility is upon themselves to maintain an awareness of the current Terms and Conditions of Heart Body & Soul. To enable this, the Terms and Conditions will constantly be available from the Heart Body & Soul website.
16. Agreement
Please read these terms and conditions carefully. If you have any questions regarding their content, then please seek independent advice or alternatively you can call Heart Body & Soul on 0425 739 036. You must accept and agree to these terms and conditions before your registration can be confirmed. Failure to do so will result in you not being able to participate in Heart Body & Soul sessions, and your registration will not be processed.
I have read and understood the above and agree to the by Heart Body & Soul Terms and Conditions.