Personal Training Terms of Service

 

1. Online Bookings

Our online booking system (Acuity) is available for your convenience. It is intended that you only make Private Personal Training bookings on your behalf. You may not use your booking codes for any other person. If you would like to make a booking in a blocked-out time, please contact your Trainer directly.

 

2. Payments

All payments must be completed either online or in person via our third party merchants (Square and/or Debit Success). Transaction fees are applicable for all online payments. Payment agreements are individualised to client preferences and are agreed to, upon submission.

 

3. Cancellation Policy

We understand that "life" happens and you may require some flexibility with scheduled commitments. We endeavour to keep the personal in personal training and are happy to accommodate our clients as much as possible. A 24-hour notice period is expected and appreciated for all scheduled appointments. If you need to cancel within a 12-hour time period, you will need to contact your Trainer directly to arrange a reschedule or you agree to forfeit the session. Any unused sessions will expire outside of the PT Package term, unless you have made prior arrangements with your Trainer to redeem the unused sessions via Gift Card Redemption or otherwise rescheduled out of Term.

In the instance you are unable to fulfill your minimum commitment term, refunds, early cancellations without penalty, or the payment of the remaining balance may only be applied at the sole discretion of the Directors of Essential Strength. We understand that extenuating circumstances may prevent you from honouring your initial commitments and we endeavour to be as human as possible in these situations. Please contact your Trainer as soon as possible so we can make appropriate arrangements in a timely manner.

 

4. Gift Card Redemption

Services and Products may be purchased via Gift Card Redemption. Gift Cards have a standard 14-day validation period unless stated otherwise. Gift Card values will return to $0 after the expiration date. Gift Cards are non-refundable and non-transferable.

5. Promotional Packs

All promotional PT Packs are valid for the term indicated from the time of purchase. They may not be used in conjunction with any other offer. Limit 1 Promotional PT Pack per person. Promotional PT Packs may not be shared and are intended to be redeemed by one person only. Any unused sessions will be forfeited after the expiration date of the Pack.

 

6. Perpetual Marketing

You are awesome. Your story can inspire others. We may request your permission to use your picture and some non-sensitive information to help spread the good word about our business and your experience. We may ask to use your image and testimonials, in print, on film or published through our social media accounts. By agreeing to these Terms and Conditions, you give Essential Strength (and the Directors) permission to publish your images for perpetual marketing purposes.

 

General Terms of Service

 

Last updated: July 20, 2019

 

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.essentialstrength.net.au website, online scheduling service (Acuity) or social media accounts (“Service”) operated by King Health and Leisure Pty Ltd (“us”, “we”, or “our”). It is recommended that you also consult an attorney prior to using the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

King Health and Leisure Pty Ltd (Essential Strength) has the right but not the obligation to monitor and edit all Content provided by users.

In addition, the Content found on or through this Service are the property of King Health and Leisure Pty Ltd or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

 Informational Purposes

The Service and all Content and information are being provided solely for informational purposes. In addition, the Service and all Content and information may not have been reviewed by medical professionals. It is recommended that prior to implementing any anything obtained from the Service and/all Content and information that has been provided, that you seek prior medical advice from a medical professional.

 

Accounts

If you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to This email address is being protected from spambots. You need JavaScript enabled to view it., with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of King Health and Leisure Pty Ltd. 

 

Links to Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by King Health and Leisure Pty Ltd.

King Health and Leisure Pty Ltd has no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that King Health and Leisure Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. to request a termination of your active user account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless King Health and Leisure Pty Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

Limitation Of Liability

In no event shall King Health and Leisure Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, injury, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

King Health and Leisure Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us This email address is being protected from spambots. You need JavaScript enabled to view it.