JPS Terms and Conditions
TERMS AND CONDITIONS
1. GENERAL CONDITIONS
1.1. For all matters relating to the products and services provided by JPS Health & Fitness, you should
contact hello@jpshealthandfitness.com.au
1.2. It is the responsibility of the client to do all that is necessary to fully understand the terms of this
agreement, this may involve seeking professional legal advice.
1.3. The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver
of that power or right, nor does any single exercise of any power or right preclude any other or
further exercise of it; or the exercise of any other power or right. A power or right may only be
waived in writing, signed by the party to be bound by the waiver.
1.4. Should any provision of this agreement be held by a Court of competent jurisdiction to be unlawful,
invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity
and enforceability of the remaining provisions will not be affected.
1.5. JPS Health & Fitness reserves the right to amend these Terms & Conditions from time to time as
necessary.
2. PERSONAL TRAINING AND COACHING SERVICES
2.1. Your Coach - Coaches will utilise their skills, knowledge and experience in preparation and the
conducting of training sessions in a way that will take into account the Clients personal goals, fitness
level, ability, injuries or illnesses and preferences. The role of the Coach is to, as far as reasonably
possible, oversee the Client’s progress and help their training/performance, providing advice,
education and support in efforts to progress and achieve their goals.
2.2. Liability Waiver – It is important that you ensure that any answers and information provided in the
Liability Waiver be true and accurate, and you disclose any information that may be relevant to your
participation in the Services in question.
2.3. Medical Clearance - JPS may request that you provide Medical Clearance be provided by a Doctor or
Medical Professional at any time. It is the responsibility of the Client to obtain such clearance, where
relevant, prior to undertaking any of the Services provided at JPS.
2.4. Initial Questionnaire - All clients must complete the Initial Questionnaire, which will be sent
electronically to the email nominated below, and in doing so provide as much information that may
be relevant for our purposes.
2.5. Assessment Process – New Clients may be required to participate in the Assessment Process or any
other Screening that a Coach deems necessary prior to starting any Services.
2.6. Training Program - Following the Initial Assessment your Coach may prepare a training program for
you based on information gathered in the Questionnaire and throughout the Assessment Process.
2.7. Nutritional programming, education and recommendations may be provided (depending on the
Service) and the way in which this occurs may vary from Coach to Coach.
2.8. Nutrition Disclaimer – JPS Coaches are not Accredited Practicing Dietician’s or Exercise Physiologist’s, and
any Nutritional advice or recommendations or other related content should not be taken as medical
advice, in place of medical advice or to treat any disease. You should seek a medical professional before
undergoing any nutritional or physical intervention.
2.9. Weekly Check In’s will be conducted if expressly requested by the Client, and the Client is
responsible for submitting any required Check-In documents on time and as agreed. Your Coach will
do all that is reasonable to monitor your progress, and will, where necessary, revise and amend
Training and Nutrition programming.
2.10. Client Personal Information - All personal information of the Client will be kept private and
confidential – However, in instances relating to genuine health concerns of the Client, the Coach
may be required to disclose some information to JPS Management, or to Allied Health Professions
for advice, referrals or second-opinions.
2.11. Appropriate Attire – Please ensure you dress appropriately for physical activity and bring a sweat
towel or other equipment or apparel as required. Footwear should be comfortable and provide
adequate support. Please ensure footwear is clean before entering the studio.
2.12. Medical Needs - the Client is responsible for bringing any medication, or medical equipment that
may become necessary throughout physical activity.
2.13. Session Duration - The duration of all Personal Training sessions is 30 minutes, unless alternative
arrangements have been made and approved by JPS Management. Please do your best to arrive on
time to each training session, and it is recommended that you arrive early to allow time to complete
any rehabilitation or warm up exercises where appropriate.
2.14. Late Arrival - If you are late to a scheduled session time, no extension of time is to be provided by
the Coach, and the session will accordingly end at the allotted time. If however the Coach is late to
the scheduled session time, additional time will be added to the session to ensure the agreed
duration is met.
2.15. On Site Parking - Clients must park in designated car parks only and do all that is reasonably
necessary to abide by neighbouring and local parking and traffic conditions.
2.16. Open Communication – Client-Coach transparency and open communication is recommended and
at times necessary. It is the responsibility of the Client to inform their Coach if they are
uncomfortable performing a movement, has an injury or illness, and/or is concerned with risking
injury or illness, or any other reason that may prevent them from exercising safely, so the Coach can
act accordingly to minimise any risks for the Client.
2.17. Referring Out – In instances where an injury or illness occurs or a Coach is not wholly capable of
managing a Client related matter they may refer or recommend the Client to attend a third-party
practitioner for assessment or treatment. It is the Clients responsibility to follow up and the Coach
will be deemed to have done all reasonably necessary for the matter.
2.18. Refusal of Service - JPS Health & Fitness, and any of its subsidiaries 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 JPS representative, and may invoke the ‘Late Cancellation’ policy depending on the
circumstances and reasons for the refusal.
2.19. Client Feedback – JPS appreciates any and all feedback provided by Clients and Members. We
understand that not all Client-Coach relationships are perfect, and if at any time throughout training
with JPS you are not wholly satisfied with the performance of your Coach we request that you notify
Management so the matter can be appropriately addressed.
3. CANCELLATIONS AND RESCHEDULING
3.1. 24 Hour Cancellation Policy – If you cancel a pre-booked or scheduled session within 24 hours of the
session this will be deemed a ‘Late Cancellation’ and you will be charged for that session.
Management will enforce this policy. To avoid being charged, please provide sufficient notice of your
cancellation.
Rescheduling Session(s) – If you reschedule a session within 24 hours, the 24 Hour Cancellation
Policy will be enforced.
3.3. Notice of Cancellation or Rescheduling must be made either;
a) in person at the JPS facility with the relevant Coach or Administration personnel or;
b) in writing via electronic communication, being either email or text message.
3.4. Coach Unavailability - If for any reason your Coach is unable to attend a session you will be notified
as soon as practicable, and the Coach or Administration will endeavour to either:
a) Arrange another Coach to conduct the Client session, or;
b) Reschedule the session to another time that suits both parties.
4. PRODUCTS AND ONLINE SERVICES
4.1. Products refer to any goods that are for sale at JPS Health & Fitness or online, this includes but is not
limited to merchandise and supplements.
4.2. Online Services refer to all services offered by JPS Health & Fitness that are purchased or delivered
online. These include, but are not limited to, the following:
- Online coaching services
- Education services, courses, workshops, and seminars
- Digital products (i.e. eBook’s, templates, webinars, content and other JPS documents)
- All other products and services available via the company website(s)
4.3. Customer Responsibility The customer is responsible for taking all reasonable steps to ensure they
fully understand what is involved in a product or service, this includes:
- Thoroughly reading product/service descriptions
- Contacting JPS directly for further information and clarification
- Reading and understanding any relevant Terms & Conditions, Policies, or other agreements that
may be associated with the product or service
4.4. Service Descriptions provided are non exhaustive and may vary or be amended from time to time,
without notice.
4.5. Online Payments are to be made via the website(s) and in accordance with any Third Party terms.
4.6. Queries or Disputes must be communicated directly to JPS Health & Fitness via email at
hello@jpshealthandfitness.com.au
4.7. No Refunds – Refunds are not available for services that have been rendered either fully or partially.
Refunds will also not be provided for change of mind, or in instances where the Customer insists on
having a service provided in a way, against JPS (the provider’s) advice, or the Customer failed to
clearly explain their needs to the provider.
4.8. Transfer of Services - Online Services cannot be transferred to any individual or third party.
4.9. Subscription Cancellation – The Customer is responsible for cancelling or suspending any
Subscriptions that they have arranged Online via the website(s), as JPS Health & Fitness does not
have the Authority to vary Customer subscriptions that they did not set-up.
4.10. Purchaser Not to Claim - The Customer or Purchaser warrants to not claim, request any refund or
raise a dispute via Third Party Service providers (i.e. PayPal or EziDebit) and agrees to bring such
matters to the attention of JPS directly in writing via email to hello@jpshealthandfitness.com.au
4.11. Fees and Charges - Online sales may incur fees and charges to cover any costs associated with
taking, processing and fulfilling a purchase or order.
Change of Service - If there is a change to any Service or product available Online, (such as
workshops, seminars or courses) the Customer or Purchaser will be notified in writing, to the email
used at purchase, a minimum of 24 hours prior to commencement of the service.
4.13. Minimum Participants – Where applicable, Services may not run or be facilitated if the minimum
number of participants required is not reached. In such instances those who have purchased the
Service will be notified and resolved accordingly.
5. MEMBERS & GYM USAGE
5.1. Membership Approval – JPS Health & Fitness reserves the right to refuse service or access to any
person. To be eligible to purchase a Membership, the individual is required to have worked with a
JPS Coach in the capacity of Client; this is to ensure that they understand the culture, rules, policies
and procedures of JPS and are competent to perform exercises and movements in a manner that is
safe for not only themselves but other personnel that may be so affected by their training and
exercise.
5.2. Access Hours – Membership access to the facility, without a Security Tag, will vary depending on
staffed hours. Access may be refused within 30 minutes of close of business where the Member
does not have a security tag.
5.3. Security Tag Access – Access for Members who purchase Security Tag is detailed on the Direct Debit
Agreement signed, and may be subject to change.
5.4. Etiquette - It is expected of Members that they exhibit the same level of etiquette of all other
individuals while inside any JPS Health & Fitness facility, including sharing equipment,
communicating politely and respecting others.
5.5. Behaviour and Language - Unruly behaviour, vulgar language or improper use of equipment in the
facility or being present in the facility while intoxicated, whether as a result of alcohol or drug
ingestion, or other inappropriate behaviour is not permitted and may result in the suspension or
cancellation of the Member’s membership without any entitlement for refund.
5.6. Putting Weights Away – All members and clients must put away and replace any equipment
promptly after using it. This is to ensure that the equipment is stored as intended to prioritise safety
and cleanliness, as well as making it easy to locate for other Members.
5.7. Apparel and Footwear – All persons who use the gym facilities are required to wear appropriate
apparel and footwear at all times, unless otherwise allowed by JPS Staff or Coach. Members who do
not wear appropriate apparel and footwear assume all risks associated with doing so.
5.8. Hygiene - Members must always bring a towel and wipe down equipment after use. Any failure to
do so may warrant cancellation or suspension of Membership.
5.9. Damaged or Defective Equipment – We request that Members notify Management of any defective
or damaged equipment or other property of the facility as soon as reasonably practicable, so that it
may be promptly repaired or restored.
5.10. Liability for Damage - Members are wholly liable for any damages that occurs or expenses incurred
relating to any fixtures, fittings, equipment or other property of JPS Health & Fitness resulting from
their conduct.
5.11. Personal Belongings – Please store any personal belongings in the designated areas and storage
spaces allocated.
5.12. Safety - Members are required to use the safety features provided on equipment. Any Member
unsure of the use of equipment must obtain instruction from the Proprietor or a JPS Coach.
Acknowledgement of Risk – Any individual who enters or uses the JPS facilities and equipment
voluntarily assume the risk of injury, accident, death, loss or damage to their person or property.
5.14. Waiver of Liability - JPS Health & Fitness bears no responsibility for any injury, death, disability,
property damage or psychological injury to the clients, members or other users of the gym.
5.15. Emergency Phone – The emergency phone is located near the front/main entrance and is to only be
used in cases of emergency. This phone goes directly to the Security Control room. To call an
Ambulance, the Police or Fire Brigade please dial ‘000’. Incorrect or unlawful use of the emergency
phone will incur penalties.
5.16. Duress Pendants – Emergency duress pendants are provided for Member usage during unstaffed
hours. It is the responsibility of the Member to collect a pendant from the designated area and keep
it on their person at all times whilst on site, and return it prior to leaving. Misuse of these pendants
will incur penalties.
5.17. No Photography - No Member is permitted to photograph or video any person or activity in the
facility, unless they have your approval or consent.
5.18. Guests & Non-Members – Members must not bring any guest or non-member on-site during
unstaffed hours. Penalties will apply.
5.19. Member Revocation - All JPS Memberships are subject to approval by Management, and may be
revoked at any time if there are reasonable grounds justifying revocation. This may include:
- An exhibit of unreasonable, unconscionable or unsafe conduct by the Member
- Non-compliance with JPS etiquette and gym floor rules
- Breach of any of the terms of this agreement, or any Policy of JPS Health & Fitness
- Any other reason that the Studio Manager believes to be of a serious nature
MEMBERS UNDER 18 YEARS (MINORS)
5.20. Parent/Guardian Approval - Persons under the age of 18 years are not permitted to use the JPS
Health & Fitness facility, unless a parent/guardian has assumed personal responsibility and has
provided written approval, which requires both parties’ signatures on the time of signing the
membership agreement form.
5.21. Minor(s) Not to Sign - Persons under the age of 18 are urged to not digitally sign or agree to these
terms and conditions, and JPS Health & Fitness waives all liability and responsibility if you do so
without parental approval or authorisation.
5.22. Safety for Minors - It is highly recommended that all minors seek guidance or assistance, and only
practice skills that they are capable of performing safely.
6. PAYMENTS
6.1 Accepted Methods of payment are Cash, Electronic Bank Transfer or EFTPOS at the facility.
6.2 Receipts and Invoices will not be provided unless expressly requested.
6.3 Payment In Full – All payments are required to be made up front and in full at or before the
commencement of Service(s).
6.4 Direct Debit – Any Direct Debit payment arrangement is subject to the conditions set out in the
Direct Debit Agreement. Fees and charges apply and will be enforced accordingly for Direct Debit
payment arrangements.
6.5 Expiration of Services – All Services expire one (1) year after the original purchase date.
7 REFUNDS & SERVICE CONTRACT CANCELLATION
7.1 Service Problem(s) – If you have a problem with a service contact Management directly, either
verbally or in writing, and explain the problem, and we will endeavour to resolve the problem in a
reasonable time. If we are unable to rectify the problem you may be entitled to a refund or to cancel
your service contract.
7.2 Refunds and Service Cancellation – Under Australian consumer law, refunds and service
cancellations may not be provided in instances where there is a problem that is outside the control
of the Provider, or where the Client (the Purchaser):
- Changes their mind
- Insisted on having a service provided in a particular way, against the provider’s advice
- Failed to clearly explain their needs to the provider
7.3 Refunds will not be provided for services already rendered by JPS Health & Fitness or its
representatives or personnel.
7.4 Transfer of Sessions – A Client who no longer wishes to train at JPS may transfer their remaining
sessions to a third party. Any request to transfer sessions to a third party must be made in writing by
the transferor and communicated to hello@jpshealthandfitness.com.au. Management reserves the
right to refuse the transfer.
7.5 Refund on Remaining Services – Refunds may be provided on any unused services, where the
Clients requests a refund and has grounds to do so. Refunds will be calculated as follows.
7.6 Termination Fee* – A termination fee will be applicable in instances of early termination of a service
contract, where there are grounds to do so. This is calculated as:
Standard Rate1 – Rate Paid2 X Sessions Used3 = Termination Fee4
Remaining Amount5 – Termination Fee = Refund Amount6
EXAMPLE SCENARIO – (Calculating Termination Fee & Refund Amount)
Client A purchased a 20 Session Pack for $950 ($45p/session), and has completed 5 sessions. Client A
requests early termination and refund on 15 unused sessions. Remaining Amount is $675. Standard
Rate at the time is $60 per session.
Calculating Termination Fee: $60 (Standard Rate) – $45 (Rate Paid) X 5 (Sessions Used) = $75 (Termination Fee)
Calculating Refund Amount: $675 (Remaining Amount) – $75 (Termination Fee) = $600 (Refund Amount)
7.7 Deduction from Refunds - The Termination Fee will be deducted from any refunds due to the client.
7.8 Consolidation of Accounts - If at the time of a subsequent purchase you have outstanding payment
due for services rendered, this will be considered and the account will be consolidated accordingly.
1 Standard Rate – the current price for a Single Session (subject to change). Loyalty Tier’s will be considered,
2 Rate Paid – The average price paid per session.
3 Sessions Used – The number of sessions used in the session pack in question.
4 Termination Fee – The amount to be charges to a client for early termination of a Service Contract,
5 Remaining Amount – The amount in $AUD remaining on the Clients account for unused services or sessions,
7 REFUNDS & SERVICE CONTRACT CANCELLATION
7.1 Service Problem(s) – If you have a problem with a service contact Management directly, either
verbally or in writing, and explain the problem, and we will endeavour to resolve the problem in a
reasonable time. If we are unable to rectify the problem you may be entitled to a refund or to cancel
your service contract.
7.2 Refunds and Service Cancellation – Under Australian consumer law, refunds and service
cancellations may not be provided in instances where there is a problem that is outside the control
of the Provider, or where the Client (the Purchaser):
- Changes their mind
- Insisted on having a service provided in a particular way, against the provider’s advice
- Failed to clearly explain their needs to the provider
7.3 Refunds will not be provided for services already rendered by JPS Health & Fitness or its
representatives or personnel.
7.4 Transfer of Sessions – A Client who no longer wishes to train at JPS may transfer their remaining
sessions to a third party. Any request to transfer sessions to a third party must be made in writing by
the transferor and communicated to hello@jpshealthandfitness.com.au. Management reserves the
right to refuse the transfer.
7.5 Refund on Remaining Services – Refunds may be provided on any unused services, where the
Clients requests a refund and has grounds to do so. Refunds will be calculated as follows.
7.6 Termination Fee* – A termination fee will be applicable in instances of early termination of a service
contract, where there are grounds to do so. This is calculated as:
Standard Rate1 – Rate Paid2 X Sessions Used3 = Termination Fee4
Remaining Amount5 – Termination Fee = Refund Amount6
EXAMPLE SCENARIO – (Calculating Termination Fee & Refund Amount)
Client A purchased a 20 Session Pack for $950 ($45p/session), and has completed 5 sessions. Client A
requests early termination and refund on 15 unused sessions. Remaining Amount is $675. Standard
Rate at the time is $60 per session.
Calculating Termination Fee: $60 (Standard Rate) – $45 (Rate Paid) X 5 (Sessions Used) = $75 (Termination Fee)
Calculating Refund Amount: $675 (Remaining Amount) – $75 (Termination Fee) = $600 (Refund Amount)
7.7 Deduction from Refunds - The Termination Fee will be deducted from any refunds due to the client.
7.8 Consolidation of Accounts - If at the time of a subsequent purchase you have outstanding payment
due for services rendered, this will be considered and the account will be consolidated accordingly.
1 Standard Rate – the current price for a Single Session (subject to change). Loyalty Tier’s will be considered,
2 Rate Paid – The average price paid per session.
3 Sessions Used – The number of sessions used in the session pack in question.
4 Termination Fee – The amount to be charges to a client for early termination of a Service Contract,
5 Remaining Amount – The amount in $AUD remaining on the Clients account for unused services or sessions,
7 REFUNDS & SERVICE CONTRACT CANCELLATION
7.1 Service Problem(s) – If you have a problem with a service contact Management directly, either
verbally or in writing, and explain the problem, and we will endeavour to resolve the problem in a
reasonable time. If we are unable to rectify the problem you may be entitled to a refund or to cancel
your service contract.
7.2 Refunds and Service Cancellation – Under Australian consumer law, refunds and service
cancellations may not be provided in instances where there is a problem that is outside the control
of the Provider, or where the Client (the Purchaser):
- Changes their mind
- Insisted on having a service provided in a particular way, against the provider’s advice
- Failed to clearly explain their needs to the provider
7.3 Refunds will not be provided for services already rendered by JPS Health & Fitness or its
representatives or personnel.
7.4 Transfer of Sessions – A Client who no longer wishes to train at JPS may transfer their remaining
sessions to a third party. Any request to transfer sessions to a third party must be made in writing by
the transferor and communicated to hello@jpshealthandfitness.com.au. Management reserves the
right to refuse the transfer.
7.5 Refund on Remaining Services – Refunds may be provided on any unused services, where the
Clients requests a refund and has grounds to do so. Refunds will be calculated as follows.
7.6 Termination Fee* – A termination fee will be applicable in instances of early termination of a service
contract, where there are grounds to do so. This is calculated as:
Standard Rate1 – Rate Paid2 X Sessions Used3 = Termination Fee4
Remaining Amount5 – Termination Fee = Refund Amount6
EXAMPLE SCENARIO – (Calculating Termination Fee & Refund Amount)
Client A purchased a 20 Session Pack for $950 ($45p/session), and has completed 5 sessions. Client A
requests early termination and refund on 15 unused sessions. Remaining Amount is $675. Standard
Rate at the time is $60 per session.
Calculating Termination Fee: $60 (Standard Rate) – $45 (Rate Paid) X 5 (Sessions Used) = $75 (Termination Fee)
Calculating Refund Amount: $675 (Remaining Amount) – $75 (Termination Fee) = $600 (Refund Amount)
7.7 Deduction from Refunds - The Termination Fee will be deducted from any refunds due to the client.
7.8 Consolidation of Accounts - If at the time of a subsequent purchase you have outstanding payment
due for services rendered, this will be considered and the account will be consolidated accordingly.
1 Standard Rate – the current price for a Single Session (subject to change). Loyalty Tier’s will be considered,
2 Rate Paid – The average price paid per session.
3 Sessions Used – The number of sessions used in the session pack in question.
4 Termination Fee – The amount to be charges to a client for early termination of a Service Contract,
5 Remaining Amount – The amount in $AUD remaining on the Clients account for unused services or sessions,
Outstanding Payments – If money is owed to JPS for services rendered and not paid for, then the
following notices will be given:
- Initial Notice: A notification email sent from the Client Administration detailing the owed amount and
how the client has incurred this fee (for example a failed direct debit payment or an outstanding
session), and instructions for payment. It is the Clients responsibility to make the payment accordingly,
and send remittance via response email.
- Notice of Escalation: If a Client fails to rectify the matter after the Initial Notice, this will result in an
escalation to Management. This will result in a further email notification and an added fee of 10% of the
outstanding amount.
- Final Notice: Failure to rectify the matter after the prior two notices will result in the matter being
forwarded onto Debt Collection and any authorities, where relevant.
7.10 Expired Services/Payments - Payments will not be refunded for any unused services, and any
unused services will only be valid until the Service Expiration date.
8 SECURITY & PRIVACY
8.1 Lost or Stolen Items - JPS Health & Fitness will not be responsible for any items that are lost, or
stolen on their premises. We will, however, do all that is reasonably necessary and possible to help
recover any goods that are lost or stolen.
8.2 CCTV Surveillance - The JPS Health & Fitness may be under CCTV surveillance, and if so signage will
be present onsite to notify patrons of this.
8.3 Personal Information - We will do all that is reasonably possible and necessary to protect the
personal information of clients and members, but where required by law or other authorities we
may be required to release certain information.
9 DECLARATIONS
9.1 Compliance with Rules - I acknowledge that my Membership at JPS Health & Fitness is based on trust
and is a privilege, and agree to abide by all terms and conditions, rules and policies as they apply. I
understand that my failure to abide by the aforementioned, and any improper or unauthorised use of the
facility may result in suspension or cancellation of my membership. JPS Health & Fitness reserves the
right to suspend or cancel the rights, privileges and membership of any member whose actions are
detrimental to the use, safety, and enjoyment of the facilities.
9.2 Clearance for Exercise – I acknowledge that I am in good physical health and am able to undertake
and engage in the physical activities voluntarily at JPS Health & Fitness. I assume all responsibility for
updating JPS Health & Fitness with respect to any changes in my physical or mental condition, and for
reporting injuries sustained at the facility to Management.
9.3 Acknowledgement of Risk - I voluntarily assume the risk of injury, accident, death, loss, cost or
damage to my person or property which might arise from my use of JPS Health & Fitness, and I agree
to hold harmless and release the JPS Health & Fitness and all affiliated corporations, and its officers,
directors, board members, agents, employees, representatives, executors, and all others from any
and all liability. I also release all of those mentioned and any others acting on their behalf from any
responsibility or liability for any injury or damage to myself including those caused by the negligent
act or omission of any of those mentioned or others acting on their behalf or in any way arising out of
or connected with my participation in any activities or the use of any equipment at JPS Health &
Fitness.
Waiver of Liability - JPS Health & Fitness bears no responsibility for any injury, death, disability, property
damage or psychological injury to the clients, members or other users of the gym. Further, by signing, the
individual member or client are deemed to fully understand their rights and responsibilities in accessing
or using the gym and facility in a correct fashion and understand they cannot pursue civil and any other
damages against the JPS Health & Fitness Pty Ltd and its Directors.