Carina Chirila Fitness Pty Ltd (ABN: 92 616 303 621) provides both in person and online personal training and coaching services.
Any reference to “Carina Chirila Fitness Pty Ltd”, “we”, “our”, “us” or similar words throughout this agreement includes our directors, employees, agents, presenters, associates, successors and assigns. Any reference to “you’ or “your” or similar words includes you, your successors and assigns.
When you purchase an online coaching service by Carina Chirila Fitness Pty Ltd you agree to be bound by these terms and conditions.
Online Coaching packages:
| Package | Description |
| Foundations for Life Nutrition & Training, with Weekly Check-ins | Agreement & Pricing Details · This 12-week agreement starting from the date you receive your initial program. · A once-off fee of $190.00 for the initial week including program establishment. · A recurring weekly program fee of $90.00. · Payments are in advance, and debits will be processed weekly on your nominated billing day. Package Inclusions · Individualised and progressive online training program that suits your goals and is specific to your orthopaedic profile. · Individualised nutrition coaching via flexible dieting (macro coaching) · Detailed weekly check-ins and progress photo submission. · 10% Discount on supplements at Fatburnersonly.com.au · Access to private client Facebook group |
| Foundations for Life Nutrition only, with Weekly Check-ins | Agreement & Pricing Details · This 12-week agreement starting from the date you receive your initial program. · A once-off fee of $160.00 for the initial month including program establishment. · A recurring weekly program fee of $60.00. · Payments are in advance, and debits will be processed weekly on your nominated billing day. Package Inclusions · Individualised nutrition coaching via flexible dieting (macro coaching) · Detailed weekly check-ins and progress photo submission. · 10% Discount on supplements at Fatburnersonly.com.au · Access to private client Facebook group |
| Foundations for Life Training only, with Weekly Check-ins | Agreement & Pricing Details · This 12-week agreement starting from the date you receive your initial program. · A once-off fee of $150.00 for the initial week including program establishment. · A recurring weekly program fee of $50.00. · Payments are in advance, and debits will be processed weekly on your nominated billing day. · Package Inclusions · Individualised and progressive online training program that suits your goals and is specific to your orthopaedic profile. · Detailed weekly check-ins and progress photo submission. · 10% Discount on supplements at Fatburnersonly.com.au · Access to private client Facebook group |
Terms & Conditions
1. You must be over the age of 16 years to participate in any of our coaching packages.
2. By signing up for our online coaching service, you confirm that you have read, understood and agree to these terms and conditions including our release, disclaimer and indemnity.
3. Individual components of an online training package are not redeemable, transferable, or interchangeable if you are unable to use them during the term of your chosen package.
Health and Safety
5. Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health.
6. You are responsible for ensuring that you are physically fit and in a condition that will allow you to participate fully in any training session. You should not participate in training sessions if you suffer any physical or health issues that may be badly affected, or if this means going against any advice provided to you by your health practitioner.
7. You should seek specialist advice suitable to your circumstances if you have any concerns regarding your health before, during or after your participation in a training session.
8. We make all reasonable endeavours to ensure that the activities recommended by Carina Chirila Fitness Pty Ltd are safe, however it’s important to note that our activities do carry some inherent risks of personal injuries. Particularly, injury during fitness training may arise from:
· executing strenuous moves.
· incorrect usage of equipment or techniques by you.
· fatigue, pain, frustration, and/or anxiety; or
· physical exertion and increased heart rate.
This list is not exhaustive, and there are other risks you may have not anticipated which may result in injury including but not limited to sprains, strains, scratches, abrasions, bruises, muscle pulls or tears, bone fractures or breaks, injuries to joints, spinal injury, head injury, hernia, dizziness, paralysis, or death.
Release, Disclaimer & Indemnity
9. You acknowledge that there is no guarantee given that you will achieve specific results from participating in online coaching.
10. You acknowledge that the results achieved through your participation in online coaching are directly correlated to your consistency and your adherence to the programming.
11. By enrolling in an online coaching package, you acknowledge and agree that:
· Carina Chirila Fitness Pty Ltd will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in our program or any activities suggested by the program (collectively “Program Activities”).
· You RELEASE Carina Chirila Fitness Pty Ltd from all liability for any loss, damage, injury or expense suffered by you or your next of kin, resulting from your participation in Program Activities.
· You will INDEMNIFY and hold Carina Chirila Fitness Pty Ltd harmless against any and all liability for personal injury, or property damage suffered by you or any third party as a result of your participation in Program Activities.
· You ASSUME and ACCEPT all possible risks, dangers and hazards arising out of or associated with your participation in Carina Chirila Fitness Pty Ltd including but not limited to personal injury, illness, negligence economic or property loss, even if such risks are caused or contributed to by the negligence of Carina Chirila Fitness Pty Ltd.
12. You release forever Carina Chirila Fitness Pty Ltd from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through the program, to the fullest extent permissible by law.
Our responsibilities
13. We will provide online coaching packages in a professional and competent manner.
14. We will provide sessions designed to support your nominated fitness goals.
Photographs and video
15. You grant Carina Chirila Fitness Pty Ltd permission to use any photographs or videos provided by you, together with your name and any testimonial.
16. You agree that Carina Chirila Fitness Pty Ltd may use photographs or video and your details on its website or in its program materials for marketing or the creation of commercial products. You agree that no compensation will be due and therefor payable to you by Carina Chirila Fitness Pty Ltd at any time for the use of your image or personal information in such purposes.
Payment, cancellation and refunds
17. You agree that if you purchase an online coaching package you are responsible for full payment of fees for the entire package, regardless of whether you comply with the programming, coaching sessions/calls and seminars available. There will be no refunds, discounts, substitutions or replacements if you fail to attend. It is your responsibility to make time to meet your own training commitments.
18. Your payments will be processed via PaySmart our payment provider. Payment methods via this facility include Credit Card (Visa/Mastercard & AMEX) or Direct Debit from your nominated Bank account. A Credit Card surcharge of 2.2% applies.
19. You will be asked to enter into a direct debit agreement with our nominated payment provider, PaySmart at the time you sign up for services. The terms of that agreement will explain how the payment provider manages dishonoured payments and expired cards.
20. If any payment is dishonoured for any reason you agree to pay any dishonour fees incurred by Carina Chirila Fitness Pty Ltd, as well as any costs and disbursements incurred by Carina Chirila Fitness Pty Ltd in pursuing the debt, including but not limited to, debt recovery fees, collection agency costs, and legal fees where applicable.
21. If you wish to cancel your service prior to the completion of the initial 12-week term, please note you will incur a cancellation fee. The cancellation fee will be calculated based on the number of remaining weeks on your initial term (12 weeks), multiplied by your weekly service fee.
22. To cancel your service following the initial 12 week period you are required to provide 14 days’ notice from your last payment debit date.
General
23. Please ensure you choose the coaching package appropriate to your needs. During the initial 12-week period your plan cannot be changed, however after the initial 12 weeks you may upgrade or downgrade your package and continue on a fortnightly basis.
24. Any time or other indulgence granted by either party will not in any way amount to a waiver of any of rights or remedies that party is entitled to under these terms and conditions.
25. These terms and conditions are governed by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland in the event of any dispute between the parties.
26. If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
27. Carina Chirila Fitness Pty Ltd may update these terms and conditions from time to time and will provide a copy of the updated terms with 30 days’ notice any changes that may be applicable to you.
28. Through the provision of online services or initial consultation, by default you agree to and accept these terms and conditions contained within this entire document in full, regardless of whether you have signed this document or not.