Terms & conditions

 

These terms and conditions, as well as the associated indemnity agreement, is standard practice for most exercise and health professionals and is required before training with The Conditioning Co.

If you have any questions, please feel welcome to contact your coach directly via phone.

What’s all this about, In a nutshell?

  • You accept that exercise carries inherent potential risk, including illness induced by vigorous exercise.

  • You agree to report any injuries or health concerns to TCC as soon as they arise.

  • You accept full responsibility for your own safety during all sessions.

  • You agree that TCC may use your likeness in marketing and promotional materials; you can withdraw this consent at any time.

  • You waive claims against TCC for injury or harm, except where such waiver is restricted by Australian law or applies to deliberate misconduct by TCC.

Definitions and Interpretation

  • Facility: Premises or locations where training occurs, including gyms, outdoor spaces, private residences, or virtual environments, as agreed between TCC and the Client.

  • Client: The person whose details are provided above. If under 18, this includes their lawful guardian, who consents to these terms and assumes responsibility for compliance.

  • Coach: Any person employed or contracted by TCC to provide Training Sessions.

  • I/me: Refers to the Client.

  • Training Sessions/Training/Session(s): Exercises provided by TCC—such as strength, cardiovascular, mobility, rehabilitation, and bodyweight movements—intended to improve short- and long-term health.

  • The Conditioning Co./TCC: The Conditioning Co., Joshua Pullman, and all affiliated Coaches.

  • Training: Any exercise activity as defined under “Training Sessions,” whether conducted with a Coach or independently, at the Facility.

The singular includes the plural and vice versa.

Client Request and Agreement

I have read, understood, and agree to these Terms and Conditions. I request TCC to:

  1. Provide Training Sessions to me; and

  2. Allow me to train at the agreed Facility.

Acknowledgement of Risks

I acknowledge that Training Sessions may push me to my physical and mental limits. I understand risks include injury, soreness, illness induced by vigorous exercise, cardiac events, and, in rare cases, death.

If I experience pain, discomfort, nausea, dizziness, or any concerning symptoms during training, I will immediately stop and inform TCC, following their guidance.

Client's Health Disclosure Obligation

I agree to inform TCC as soon as I become aware of any new injuries, illnesses, or health changes. I understand that failing to disclose relevant health information increases my risk of harm, and I accept responsibility for any consequences arising from non-disclosure.

Payment, Cancellation, and Rescheduling Policy

This section outlines the terms for all payments, session management, and cancellations. It is divided into three parts:

  1. General Policies applicable to all clients.

  2. Terms for Recurring Subscriptions (e.g., weekly, 4-week, or monthly direct debits).

  3. Terms for One-Time Session Packs (e.g., 3-pack, 10-pack).

1. General Policies (Applicable to All Clients)

  • Payment Due: All payments for Training Sessions are due in advance as specified at the time of purchase. Failure to maintain timely payments may result in the suspension of services.

  • Session Rescheduling (12+ Hours' Notice): Clients may reschedule a booked Training Session without penalty by providing a minimum of 12 hours’ notice. Rescheduling can be done via the links in the booking confirmation and reminder emails.

  • Session Forfeiture (Late Cancellation / No-Show): Cancellations made with less than 12 hours’ notice, or a failure to attend a session (no-show), will result in the forfeiture of the full session fee or credit for that session.

  • Extenuating Circumstances: At the Coach’s sole discretion, the session forfeiture may be waived for extenuating circumstances, which are generally limited to unforeseen personal health or family emergencies. The Coach’s decision on this matter is final.

2. Terms for Recurring Subscriptions

These terms apply to clients on any recurring direct debit plan.

  • Rollover of Unused Sessions: If a Client reschedules a session in accordance with the 12-hour notice period, the unused session credit will be carried over.

    • Clients may carry over a maximum of four (4) unused sessions at any time.

    • Carried-over sessions expire if not used within two (2) payment cycles from the cycle in which they were accrued.

  • Session Cancellation by TCC (Coach Unavailability): If a Coach must cancel a session, they will make every effort to find a mutually agreeable time to reschedule. If a suitable time cannot be found within two (2) payment cycles, the Client will be offered either a refund for the session or a pause on their next payment cycle until the owed sessions are completed.

  • Cancellation of Service Agreement: Clients may cancel their subscription at any time to cease all future payments. A cancellation request must be submitted at least three (3) days prior to the next scheduled billing date. No pro-rata refunds will be issued for the current billing period, and the Client may use all paid-for services until the end of that period.

3. Terms for One-Time Session Packs

These terms apply specifically to the purchase of non-recurring session packs.

  • Expiry Period: All session packs are valid for six (6) months from the date of purchase. Any unused sessions will automatically expire after this period.

  • Refunds and Transfers: Session packs are strictly non-refundable, with the following exceptions:

    • Medical Exemption: A full refund for remaining, unused sessions will be provided if the Client is diagnosed with a medical condition that prevents them from using the sessions within the 6-month expiry period. A valid medical certificate is required.

    • Gifting/Transfer: For non-medical reasons, a Client may gift their remaining, unused sessions to a friend or family member. The Client must notify TCC in writing to arrange the official transfer.

Waiver of Liability

I waive any claims against TCC arising from Training Sessions or related activities at the Facility, except where such a waiver is limited by Australian Consumer Law or applies to intentional misconduct by TCC.

Release of Liability

I release TCC from all claims, costs, demands, and liabilities arising from my participation in Training Sessions or related activities, including negligent acts or omissions, except as restricted by Australian law or in cases of deliberate misconduct by TCC.

Media Consent

I consent to TCC using my image, voice, or likeness in marketing materials during and after my time as a client. I may withdraw this consent at any time by notifying TCC in writing.

Privacy and Data Protection

TCC collects and stores personal information necessary for providing services and managing client relationships. Your data is stored securely, used only for service delivery, billing, and legal compliance, and is not shared with third parties without your explicit consent, except as required by law. Personal data is retained only as long as needed and then securely destroyed.

Dispute Resolution

Any dispute under these Terms will first be addressed through good faith discussions. If unresolved within 30 days, the parties agree to mediate with an accredited mediator before pursuing court action.

Governing Law

These Terms are governed by the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction over any dispute arising under or in connection with these Terms.

Legal Bar

TCC may rely on this document as a complete defence against any claim relating to Training Sessions or Training at the Facility.

Severance

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

Independent Legal Advice

I confirm I have been advised to seek independent legal advice on the meaning and effect of these Terms before accepting them.