TERMS AND CONDITIONS
Congratulations on choosing to invest in yourself!
I am so excited to guide you on this journey. Before we begin coaching, please make sure to read over the terms and conditions carefully and then sign and send back to me if you agree. Loose N Up Fitness provides personal training and coaching services. Any reference to “(Edward Herewini)” , “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 a Loose N Up Fitness Strength and Fitness Personal Training and Coaching services you agree to be bound by these terms and conditions.
Terms and Conditions
1.You must be over the age of 18 years to participate in any of our PT packages or have a parent/guardian consult with us and sign off on your participation.
2.By signing up for one of our PT packages, you confirm that you have read and understood and agree to these terms and conditions including our release, disclaimer and indemnity.
3.Individual components of a PT package are not redeemable, transferable, or interchangeable if you are unable to use them during the term of your chosen package.
4.PT package sessions must be booked in advance via the www.loosenupfitness.co.nz website, the link will be provided to you. Class & Coaching availability will be seen on the Everfit (Loose N Up Fitness App). All PT sessions are delivered at (Takanini or Auckland Area) unless otherwise stated.
5.It is your responsibility to arrive before your booked personal training session and to be ready to start at the time your session is due to start. Session times will not be extended if you are running late.
6.Whatever PT package you purchase, it is your responsibility to make the best use of the number of sessions available. Missed sessions can only be rescheduled within the week if there is availability – meaning there is a free space in session.
7.In addition to point 6, it’s important to note that Loose N Up Fitness is a value-based service. If your session falls on a public holiday, the onus is on you to book ahead in the week or train on your own with your training app. In the case of holidays, either yours or mine, my role as a coach is to always be in your corner, our focus will shift more towards coaching (food, lifestyle) & you being more empowered around training yourself. I can potentially take up to 6 weeks of holiday in the year either for family time or attending courses to expand my skill set. At this time, I will still be coaching you, a strategy for training & wellness coaching will be in place through the Everfit (Loose N Up Fitness App) & our check-ins to keep on track.
8.If you are unable to attend a session due to special circumstances (wedding, funeral, sick kids etc.), no later than 48 hours prior to your booking you may request a replacement session the same week subject to availability.
Health and Safety
1.Training is a physically strenuous and demanding activity and is only suitable for people who are in good physical health.
2.You are responsible for ensuring that you are physically fit and in a condition that will allow you to participate fully in any PT session. You should not participate in our PT sessions if you suffer any physical or health issues that may be badly affected, or against the advice of your health practitioner.
3.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 PT session.
4.We make all reasonable endeavours to ensure that the activities recommended by Loose N Up Fitness are safe, but our activities do carry some inherent risks. In particular, fitness training carries the risk of personal injuries. Injury 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.
Release, Disclaimer & Indemnity
1.You acknowledge that there is no guarantee that you will achieve results from participating in PT sessions.
2.You acknowledge that the results achieved through your participation in PT sessions are your responsibility.
3.By enrolling in a PT package, you acknowledge and agree that:
Loose N Up Fitness 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.
You RELEASE Loose N Up Fitness from any and 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 Loose N Up Fitness 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 Program Activities 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 Loose N Up Fitness.
4.You release forever Loose N Up Fitness 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
1.We will provide coaching in a professional and competent manner.
2.We will provide sessions designed to support your nominated fitness goals.
3.All the equipment we use in PT sessions is fit for the training provided.
4.Programs will be delivered via the Everfit App (Loose N Up Fitness App)
Photographs and video
1.You agree not to use video, audio or photographic devices during PT sessions in a way that records your trainer or any other person, without that person’s prior consent.
2.You grant Loose N Up Fitness permission to use any photographs or videos taken of you during a PT session or as provided by you, together with your name and any testimonial.
3.You agree Loose N Up Fitness 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 paid or owed to you at any time for the use of your image or personal information in that way.
Payment, cancellation, and refunds
1.PT packages are paid in advance. All prices are listed inclusive of applicable GST.
2.Please chose the PT package appropriate to your needs.
3.You agree that if you purchase a PT package you are responsible for payments, regardless of whether you attend, or complete all PT sessions available. There will be no refunds, discounts, substitutions, or replacements if you fail to attend. It is your responsibility to meet your own training commitments.
4.Payment Options:
Membership can be paid in full by direct deposit.
Weekley or Fortnightly Automated Payment can be arranged with our direct debit provider GoCardless when signing up for your membership. The terms of that agreement will explain how the payment provider manages dishonoured payments and expired cards.
5.If any payment is dishonoured for any reason you agree to pay any dishonour fees incurred by Loose N Up Fitness, as well as any costs and disbursements incurred by Loose N Up Fitness in pursuing the debt.
6.To cancel your membership we require you to provide a minimum of 14 days written notice via email to eddie10_@hotmail.com.
General
We may update these terms and conditions from time to time and will provide 30 days’ notice to you of any changes that apply to you.
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.
If we provide the PT sessions to you, you agree to these terms, whether or not you sign anything.
Force Majeure / COVID-19
This agreement is subject to any limitations imposed on us by any government department, legislation, acts of parliament, and by reason of a force majeure event.
A force majeure event includes an epidemic, pandemics, natural disaster, government action or interference, labour shortages, national emergencies and acts of war.
In the event of a force majeure event both parties agree to use reasonable efforts to minimise the effect of the force majeure event on the performance of their obligations under this agreement. This may include you agreeing to participate in online sessions rather than in person sessions and training in parks or reserves.
In the event of any government enforced lockdown due to covid 19 we reserve the right to move your membership to an online program. Our terms and conditions will continue to apply to the extent applicable.