OBLA TERMS AND CONDITIONS

 

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INTRODUTION

1. This Website provides an online personal training service through which you can purchase training packages, online training programs and tailored fitness nutritional guidance.

2. These terms will apply to all users (“you”) of the Website and all purchasers of Products.

3. By using the Website, or by purchasing any services from us, you agree to be bound by these Terms of Use.

4. Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms of Use in full at the time you use the Website. If you do not accept the amended Terms of Use then you must cancel your registration or subscription and the previous terms will continue to apply pending termination.

 

OBLIGATIONS OF THE TRAINER

1. Trainers will utilize their skills, knowledge and experience in preparation and the conducting of training sessions in a way that will take into account Clients personal goals, fitness level, ability and preferences as well as any injuries or potential limitations on training as identified by the Client.

2. The role of the trainer is to provide coaching, supervision, advice and support that the Client may need to help them in performing exercises correctly and safely in efforts to progress and achieve their goals.

3. Trainers will prepare a structured workout plan or training program for the client based on the information gathered from the Questionnaire and ‘Assessment Process’ to be undertaken at the initial stages of a clients training at OBLA. 

4. Training programs may be emailed to the Client to the nominated email address below as requested for the Clients own personal records.

5. Nutritional guidance and advice will be provided electronically initially. Subsequent amendments will be made as arranged and agreed between the Client and Trainer.

6. You understand that the results of any fitness program cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer. All Client information will be kept strictly private and confidential.

7. Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive. Your Trainer has $3 million public liability insurance coverage.

 

OBLIGATIONS OF YOU (THE CLIENT) 

1. It is important that the Clients ensure that the answers provided in the Liability Waiver are 100% honest and accurate, disclosing any information that is, or may be deemed relevant to the Clients undertaking physical activities under OBLA.

2. Trainers may recommend that clearance of advice from a doctor or medical professional be sought, however Clients are responsible for seeking such clearance or advice prior to undertaking physical activity, nutritional or physical intervention at OBLA to prevent risk of illness or injury.

3. You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first personal training session. It is important to know that participating in the assessment process or any other screening that the Trainer deems relevant is sufficient to ensure that your training experience is as safe as possible. 

5. You are encouraged to bring any medication, or medical equipment that may become necessary throughout physical activity.

6. You understand that there are inherent risks in participating in a program of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act. Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.

7. All representatives of OBLA reserve the right to refuse service to a client if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to the client as soon as it becomes apparent to the concerned OBLA representative, and may invoke the ‘Late Cancellation’ policy depending on the circumstances and reasons for the refusal.

8. You are required to wear the appropriate clothing and footwear that is best fit for the type of training you are performing. Your trainer will specify the necessary apparel and equipment prior to your initial training session. Your Trainer is not liable for any illness or injury caused by your personal preferences of apparel and equipment. 

9. The Client is required to arrive on time to each training session so that the full session can be achieved. It may be preferable (if possible) for Clients to arrive early to warm up or to allow time to complete any pre-habilitation, rehabilitation or other assigned exercises.

 

CANCELLATIONS & LATE POLICY

1. To cancel a pre-booked or scheduled session with a trainer with no charge or cancellation fee OBLA requires MINIMUM of 24 hours notice.

2. Notice of Cancellation must be made either: a. in person with the relevant Trainer or, b. in writing via electronic communication, being either email or text message.

3. If a Cancellation is made inside after expiration of the notice period it will be deemed a ‘Late Cancellation’ and the session will be charged accordingly.

4. Any charges resulting from Late Cancellations may be communicated to the client on the first instance as a courtesy and reminder of the Cancellation Policy in force.

5. Trainers have discretion as to whether or not a Client will be charged for Late Cancellations, this determination is made on the circumstances under which the Client wishes to make the cancellation and any other factors the Trainer deems relevant.

6. Rescheduling of sessions must be completed outside the 24 hour notice period described above to avoid incurring a late cancellation charge.

7. Clients may be requested by their Trainer to reschedule or vary session times in order to accommodate other clients or other extraneous circumstances that may arise. In such instances we appreciate Client co-operation and are willing to reciprocate as reasonable.

8. If for any reason the Trainer is unable to attend the session the Trainer or any other OBLA personnel will notify the Client as soon as practicable, and endeavor to either arrange another Trainer to conduct the Client session, or reschedule to a suitable time for both parties.

9. If a Client is late to their scheduled session time, no extension of time is to be provided by the trainer, and the session will accordingly end at the allotted time.

10. If the trainer is late to the Client scheduled session time, additional time will be added to the session to ensure the minimum duration is met.

 

ONLINE SERVICES

1. Clients purchasing services online agree to all of the aforementioned Terms & Conditions in conjunction with the following.

2. 'Online services’ refers to any online training packages, programming, and any other product or service available for purchase online via the ‘Company Website’

3. ‘Service descriptions’ provided on the company website detail the minimum services to be provided and expected by customers who purchase online products or services.

4. Payments are to be made online and in accordance with any third parties Terms & Conditions.

6. All disputes, enquiries or matters are to be dealt with as per General Condition 2.

7. Online purchases are non-refundable under any circumstances.

8. Purchasers agree to not claim or request any refund or raise a dispute by way of Third Party Service Providers, such as PayPal or Square.

9. Online services may be transferred to another party provided a OBLA Representative grants written consent from the purchaser and the transferee approves of receipt of the product or service.

10. Any online service designated for an individual is not encouraged to be shared or distributed to anyone not specified in the initial contract. All programs are designed specifically for individuals and groups that have undergone the assessment and screening process. OBLA is not liable for any illnesses or injuries acquired by personal use of a program that is not legally provided to them. 

10. Online sales may incur a processing fee to cover any costs associated with taking, processing and fulfilling a purchase made and costs associated with any required technology used by us to provide you with the product or service.

11. Payments made under this agreement must be made by the means specified in the Order.

 

PAYMENT, REFUNDS, AND RETURNS POLICY

1. Accepted methods of payment are Cash, Electronic Bank Transfer or Paypal.

2. Electronic receipts will be provided for any purchases made on the company website. Receipts will not be provided for cash transactions unless expressly requested by the Client, and it is the clients’ responsibility to record any Cash payments they make with a trainer to ensure it is appropriately recorded.

3. All session packs that are purchased in full must be paid for in advance at or before commencement of first training session.

4. Session packages of 8 or less sessions must be redeemed and completed within six (6) months of the purchase date, all other session packages must be redeemed and completed within one (1) year of the purchase date. 

5. When the client wishes not to continue with their sessions, payments are non-refundable, but may be transferred to another party pursuant to notice and approval of a OBLA Representative.

6. At no time will any purchases made be refunded, however depending on the product or service concerned a transfer may be available. Written communication of a transfer request must be made directly to the OBLA representative in question, and must include the details of the transferee and a written consent of the transferee to accept the transfer.

8. If at the time of subsequent purchases you have outstanding payments due for services rendered by us, this may be considered in this payment agreement. Including, but not limited to, an automatic deduction equivalent to the amount of outstanding sessions owed. You will be notified of this upon initial setup and afforded an opportunity to rectify or contest any payments due.

9. Payments will not be refunded for any unused services, and any unused services will only be valid until the Service Expiration date.

 

PRIVACY STATEMENT

OBLA is committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.

We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or willful default. 

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.