TERMS AND CONDITIONS

Personal Training

I understand that missed personal training sessions will result in forfeiture of the session and a loss of the financial investment at the rate of that session.

If I am arriving late I will receive the remaining scheduled session time unless I have not organised this with Instill Fitness prior, after 5 minutes without notification the session is cancelled without refund.

Instill Fitness reserves the rights to cancel any session, at any time, for any reason, without notice including but not limited to epidemics and pandemics.

 

All Classes

No refunds will be issued for any reason, including but not limited to relocation or illness.

A minimum of 1 hour notice is required to book and cancel classes to allow maximum time for planning. If this time is not met and the session is not cancelled the client will lose their financial investment including a casual class purchase.

Instill Fitness reserves the rights to cancel any session, at any time, for any reason, without notice including but not limited to epidemics and pandemics.

 

Community Guidelines

Instill Fitness provides a safe and inclusive environment for all people regardless of race, religion, gender, sexuality, age, medical decisions, colour or disability. Instill Fitness takes discrimination, harassment, bullying, hate and violence very seriously, and will ban anyone who engages in these activities immediately, and without warning, any financial investments and/or commitments will be lost by the offender.

Always be kind.

Instill Fitness aims to build a supportive community environment and expects your active community participation, both in person and online.

Please bring a towel and drink bottle to all sessions. Please use your towel to wipe down equipment after use.

 

Membership Suspensions

Members may suspend their memberships for up to 4 weeks pro rata, per calendar year. Suspensions must be taken in blocks of 2 or 4 weeks. 2 weeks written notice of suspension is required prior to the commencement of the suspension. These 4 weeks will incur no fee.

If more than 4 weeks suspension is required other arrangements can be made at the discretion of Instill Fitness.

 

Instill Fitness Closures

Instill Fitness will close for a period of time over the Christmas/New Year break. All memberships will be suspended during this time, in addition to the above mentioned. Instill Fitness reserves the right to close at any other time, for any other reason, without reimbursement.

 

Return/Refund Policy

All agreements are binding for the full term of the package / contract and may only be cancelled due to relocation of the client / buyer moving more than 100 kilometres from the Instill Fitness Studio location. Members cancelling an agreement for any other reason will NOT receive a refund. However, all refunds / returns are at the discretion of Instill Fitness leadership team and are considered on a case by case basis.

 

Clients must pay for services received under a service contract that worked as expected. Clients can’t cancel a service contract or get a refund if the problem was outside the control of the provider.

Instill Fitness refunds are NOT issued if the client has:

a. Changed their mind

b. Insisted on having a service provided in a particular way, against the provider’s advice

c. Failed to clearly explain their needs to the provider.

 

ASSUMPTION OF RISK, MEDIA RELEASE, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

DECLARATIONS: This Agreement is entered into between Instill Fitness (“Trainer”) and the undersigned (“Client”). The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s afIiliates, employees, agents, representatives, successors, and assigns.

Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports Iields, courts, or other areas, sidewalks, parking lots, stairs, pools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.

You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, boxing, or any other sporting or recreational endeavor.

You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of negligence or otherwise.

You agree and understand that Instill Fitness may cancel any session without warning at any time for any reasons including but not limited to injury, illness, weather, health risks and other unforeseen circumstances.

MEDIA RELEASE: You accept and understand that Instill Fitness and afIiliated parties may take, collect and distribute photos from workouts and events for advertisements and any other purposes required.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s afIiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s afIiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or Iitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.

You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.