Terms and Conditions

MUNDYFIT TERMS & CONDITIONS
Australia (NSW)
1. Definitions
“Trainer” refers to the personal trainer, contractor, employee, or business providing fitness coaching services.

“Client” refers to the individual participating in personal training sessions, fitness programs, online coaching, classes, or related services.

“Services” includes all personal training, fitness instruction, exercise programming, online coaching, nutritional guidance, assessments, and related services provided by the Trainer.
2. Acceptance of Terms
By booking, attending, or participating in any Services, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
3. Health & Medical Disclosure
The Client warrants that they are medically and physically fit to participate in exercise and fitness activities.

The Client agrees to disclose any relevant medical conditions, injuries, illnesses, disabilities, medications, or physical limitations that may affect participation in the Services.

The Trainer reserves the right to request medical clearance from a qualified healthcare professional prior to commencing or continuing Services.
4. Assumption of Risk
The Client acknowledges that participation in physical exercise and fitness activities involves inherent risks, including but not limited to muscle strain, injury, illness, cardiovascular complications, falls, or other physical harm. The Client voluntarily assumes all risks associated with participation in the Services.
5. Release & Limitation of Liability
To the maximum extent permitted by law, the Client releases and discharges the Trainer from any liability, claims, demands, or causes of action arising from participation in the Services, except where caused by the Trainer’s negligence, reckless conduct, or breach of applicable law.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law.
6. No Medical or Nutritional Advice
The Trainer does not provide medical, physiotherapy, rehabilitation, or dietetic services.

Any nutritional or wellness guidance provided is general in nature and does not constitute medical advice. All advice given is in keeping with the Basic Nutritional guidelines in accordance with Eat For Health () and with nutritionalist advice within Virtuagym Food App. 
7. Bookings & Payments
All Personal Training sessions must be booked in advance and are subject to availability.

Payment is required prior to or at the time of service unless otherwise agreed in writing.

The Trainer reserves the right to suspend or terminate Services where payments are overdue.
8. Cancellation & Rescheduling Policy
Clients must provide a minimum of twenty-four (24) hours’ notice to cancel or reschedule a session.

Failure to provide adequate notice may result in forfeiture of the session or a cancellation fee equal to the full session amount.

Where the Trainer cancels a session, the Client will be offered a rescheduled session or refund/credit at the Trainer’s discretion.
Cancellation to a membership must be done prior to the renewal date of the following fortnights payment and must be done in writing to mundyfit86@gmail.com. Majority of memberships have similar renewal date which therefore means notice of a fortnight is required.
All memberships have a minimum period of contract (e.g. one month, 8 weeks or 12 weeks) and will required to be paid in full before cancellation of membership. The trainer may take into account a clients circumstance in which prior exit of the contract may be required and will be communicated options on a case by case basis to come to a mutual conclusion otherwise the full minimum term contract must be paid. 
9. Session Expiry
Prepaid sessions and packages may be subject to expiry periods specified at the time of purchase. The trainer will do their best to give notice when session is getting close to expiry.

Unused sessions beyond the expiry period may be forfeited unless otherwise required by law.
10. Client Conduct
The Trainer reserves the right to refuse or terminate Services where a Client engages in unsafe, abusive, threatening, discriminatory, intoxicated, or inappropriate conduct.

No refund will be payable where Services are terminated due to Client misconduct.
11. Results Disclaimer
The Trainer makes no guarantee regarding specific fitness, weight loss, strength, or health outcomes.

Results vary based on numerous factors including consistency, effort, nutrition, lifestyle, and individual health conditions.
12. Photography & Marketing Consent
Photographs, videos, testimonials, or other media featuring Clients will not be used for promotional or marketing purposes without prior consent.

Clients may withdraw consent at any time in writing.
13. Privacy & Confidentiality
The Trainer will collect and handle personal information in accordance with applicable Australian privacy laws.

Client information will only be used for business operations, communication, health and safety obligations, and legal compliance.
14. Online Coaching & Digital Services
For online coaching services, Clients are responsible for ensuring they have suitable internet access, equipment, and training space.

The Trainer is not responsible for technical interruptions beyond their reasonable control.

All training materials, programs, videos, and documents remain the intellectual property of the Trainer and must not be reproduced, distributed, or resold without written permission.
15. Suspension or Termination of Services
The Trainer reserves the right to suspend or terminate Services where:
- the Client breaches these Terms;
- payment remains outstanding;
- the Trainer reasonably believes continued participation poses a health or safety risk.
16. Amendments
The Trainer reserves the right to amend these Terms & Conditions from time to time.

Updated Terms will take effect upon publication or notification to Clients.
17. Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.

Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.