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 and Cancellation Policy

Training sessions require a minimum of 12 hours’ notice for cancellation, unless extenuating circumstances apply as judged by your Coach. Late cancellations or no‑shows may incur full session fees. Payments are due as specified; failure to pay on time may result in suspended or cancelled services.

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.