Terms and Conditions – Fitness Energy Youth Athlete Development Program
________________________________________
1. Australian Consumer Law
Nothing in these terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL).
Where permitted by the ACL in relation to services, our liability is limited to either:
• supplying the services again, or
• paying the cost of having the services supplied again.
2. Description of the Program
The program is an ongoing coaching and mentorship program run by Fitness Energy to assist youth athletes in their sporting development. Fitness Energy uses scientific approaches to youth athlete training to provide evidence-based and individual training programs, accompanied by a mentorship program that provides personal advice to the athletes and their parents to assist the athlete and get the best development in a safe manner.
3. Eligibility
For athletes under 18, a parent or legal guardian must agree to these terms on the athlete’s behalf and accept responsibility for payment of membership fees.
For athletes 18 years or older, the athlete may agree to these terms personally, or a parent or guardian may do so if they are the party responsible for payment of membership fees.
4. Membership
To participate in the program, you must sign up for a membership, which will be automatically renewed on a monthly basis until you cancel your membership.
5. Session Cancellations and Rescheduling
At Fitness Energy, we understand that life can be unpredictable and that there may be times when you need to cancel a training session. We ask that you give us at least 12 hours’ notice of any cancellation, so that we may make the time slot available to other clients.
If you are unable to give us 12 hours' notice, we may need to charge you for the session.
Fitness Energy recognises that some circumstances are out of your control. The following reasons for late cancellations will not result in being charged for the session: sudden injury, emergency situations, weather conditions that make it unsafe to travel, or any other reasonable cause, as determined by Fitness Energy in its reasonable discretion.
Sessions Cancelled by Fitness Energy
• If Fitness Energy cancels a session, we will make reasonable efforts to provide multiple alternative times for rescheduling.
• If the client cannot attend the offered alternatives, or if Fitness Energy cannot reasonably reschedule within 7 days, the session will be treated as a missed session.
Impact on Attendance
• Each month begins at assumed 100% attendance.
• Early cancelled sessions (12 hours or more notice) are treated as missed and reduce the attendance percentage.
• Sessions cancelled by Fitness Energy that cannot be rescheduled are treated as missed and reduce the attendance percentage.
• Late cancelled sessions (less than 12 hours’ notice) are treated as attended and do not reduce the attendance percentage.
• The final monthly attendance percentage may affect billing under the Attendance and Casual Billing Policy (Section 6).
6. Attendance and Casual Billing Policy
At Fitness Energy, we aim to be fair and reasonable. To make sure members are not paying for unused services, we have built an attendance-based billing system. This ensures that membership fees reflect the actual level of participation each month.
Attendance Monitoring
• Attendance is assessed each calendar month, beginning at 100%.
• Early cancelled sessions and Fitness Energy cancellations that cannot be rescheduled are treated as missed and reduce attendance.
• Late cancelled sessions are treated as attended and do not reduce attendance.
Minimum Attendance Requirement
• Members are expected to attend at least 65% of their scheduled sessions each month.
• Where this requirement is met, full membership billing applies.
Switch to Casual Billing
• If attendance falls below 65% in a given month, billing for that month will switch from the membership rate to the casual per-session rate.
• In this case, members are charged only for the sessions they actually attended.
Adjustment Process
• Adjustments are applied retrospectively at the end of each month once attendance is confirmed.
• The adjustment affects only the month in question, and subsequent months return to membership billing unless attendance again falls below 65%.
7. Membership Cancellations and Refunds
Nothing in this section limits your rights to a refund or remedy under the Australian Consumer Law (ACL). The following policy sets out the additional circumstances in which Fitness Energy may offer a refund.
You may cancel your membership at any time by contacting us at [info@fitnessenergy.com.au].
Refunds are available only upon cancellation and termination of services, and only for the most recent month of active participation where:
• Attendance was less than 50% of scheduled sessions, and
• Refund requests are made within 7 days of cancellation.
Refunds will be processed within 14 days and issued to the original payment method. Refunds cannot be claimed while continuing in the program.
8. Termination
Fitness Energy may terminate your membership for reasonable cause, including non-payment, safety risks, or breach of these terms. If Fitness Energy terminates without cause, we will pro-rate any unused pre-paid fees, in addition to your rights under the ACL.
9. Modifications
We may update these terms on reasonable notice. For any material and detrimental change, we will give at least 14 days’ notice and you may cancel without penalty before the change takes effect.
10. Changes to the Program
We may make changes to the Program at any time and will notify you of material changes by posting updated terms or by other reasonable means of communication.
11. Disclaimer of Warranties
The Program is provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, regarding the operation of the Program. Your use is at your sole risk, subject always to your rights under the ACL.
12. Limitation of Liability
To the fullest extent permitted by law, and subject to your rights under the ACL, Fitness Energy will not be liable for any damages arising from the use of the Program, including direct, indirect, incidental, punitive, or consequential damages.
Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victoria)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Fitness Energy is required to ensure that the recreational services it supplies to you:
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to Fitness Energy; and
• might reasonably be expected to achieve any result you have made known to Fitness Energy.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Fitness Energy is entitled to ask you to agree that these statutory guarantees do not apply to you. By agreeing to these terms, you are acknowledging that your rights to sue Fitness Energy under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees are excluded, restricted, or modified in the way set out in this agreement.
Note: This change to your rights does not apply if your death or injury is due to gross negligence on the part of Fitness Energy. “Gross negligence,” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
13. Governing Law and Jurisdiction
These terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Victorian courts. Nothing in this section limits your rights under the ACL.
14. Contact Information
For questions about these terms, the program, or the returns policy, please contact us at info@fitnessenergy.com.au.
By joining Fitness Energy's Youth Athlete Development Program as a member, you acknowledge that you have read, understood, and agreed to these terms and conditions.
