Terms & Conditions.

1. Introduction and Acceptance

1.1 Business Details: Lukefit is a sole trader business owned and operated by Luke Higgins (ABN: 85932271499), located in Wollongong, New South Wales, Australia ("we," "us," or "Lukefit"). We provide fitness and wellness services as described below.

1.2 Agreement: These Terms form a legally binding agreement between you ("you," "your," or "Client") and Lukefit. By booking, paying for, or participating in any services, creating a membership account, or accessing our website/app, you accept these Terms in full.

1.3 Age Requirement: You must be at least 18 years old or have parental/guardian consent to use our services.

1.4 Changes: We may update these Terms at any time. We will notify you of material changes via email or our website at least 30 days in advance. Continued use constitutes acceptance.

2. Services

2.1 Description: Lukefit offers the following services ("Services"):

• Face-to-Face Personal Training Sessions: One-on-one or small group in-person training at agreed locations (e.g., gyms, parks, or client homes), including fitness assessments, exercise instruction, and progress tracking.

• Online Exercise Programming: Digital workout plans, pre-recorded videos, app-based programs, and remote coaching delivered via our website, app, or email.

• Nutritional Guidance: General educational information on healthy eating based on Australian Dietary Guidelines. This is not personalised medical or dietetic advice (see Section 6.4 for full disclaimer).

• Membership Account: Paid or free access to features including but not limited to; Workout of the Week,"exclusive content, workout trackers, and the Lukefit social page (a private community forum for members to share experiences and motivation).

2.2 Scope: Services are provided with due care and skill, as required by Australian Consumer Law. Specific details (e.g., session duration, frequency) will be outlined in your booking confirmation or client agreement.

2.3 Availability: Services are subject to trainer availability. We may assign substitute qualified trainers if needed.

2.4 Online-Specific: For online Services, you are responsible for your equipment, internet, and safe environment. We are not liable for technical issues on your end.

3. Membership Accounts

3.1 Registration: To access membership features, you must create an account with accurate information. You are responsible for maintaining account security and notifying us of breaches.

3.2 Features: Membership may include tiered levels (e.g., free basic access vs. paid premium). Benefits like Workout of the Week and Lukefit social page are provided "as is" and may change.

3.3 Conduct: On the Lukefit social page, you must not post offensive, illegal, or infringing content. We may remove content or suspend accounts for violations.

3.4 Termination: We may suspend or terminate your account for breaches of these Terms, with notice where possible.

4. Payments and Fees

4.1 Structure: Fees are quoted inclusive of GST and detailed on our website or in your quote. Options include pay-as-you-go, packages, or subscriptions (e.g., monthly membership fees).

4.2 Methods: Payments via credit card, direct debit, or bank transfer. Subscriptions auto-renew unless canceled.

4.3 Due Date: Payment is required upfront for packages/sessions or on the billing date for subscriptions.

4.4 Late Fees: Overdue payments may incur a $20 fee.

4.5 Price Changes: We may adjust fees with 30 days' notice.

5. Cancellations, Refunds, and Rescheduling

5.1 Bookings: Sessions/memberships can be booked via our website, app, or email.

5.2 Client Cancellations:

• Face-to-face/online sessions: 12 hours' notice required; otherwise, full fee charged.

• Memberships: Cancel anytime with 2 weeks notice; with membership remain active for cancellation period with no refunds 

• No-shows: Full fee charged.

5.3 Our Cancellations: We will reschedule or credit if we cancel, except for force majeure.

5.4 Refunds: Refunds only for unused Services where required by ACL (e.g., if we fail to provide with due care). No refunds for change of mind.

5.5 ACL Rights: Nothing excludes your non-excludable ACL rights (e.g., refunds for major failures).

6. Health, Safety, and Disclaimers

6.1 Pre-Screening: Before starting, complete our intake form and disclose medical conditions and obtain GP clearance if flagged.

6.2 Ongoing Disclosure: Inform us of any health changes.

6.3 Client Responsibilities: Wear suitable attire, follow instructions, and stop if unwell.

6.4 Nutrition Guidance Disclaimer: Any nutrition information is general and educational only. As a personal trainer, we are not accredited dieticians or doctors. It is not medical advice, diagnosis, or treatment. Consult a healthcare professional for personalised needs. We accept no liability for reliance on this guidance.

6.5 Results Disclaimer: No guarantees on outcomes; results depend on your effort, genetics, etc.

6.6 Assumption of Risk: Exercise involves inherent risks (e.g., injury). You participate voluntarily.

7. Liability and Indemnity

7.1 Limitation: To the fullest extent permitted by law (including ACL and NSW Civil Liability Act 2002), we exclude liability for loss, injury, or damage from Services, except for our negligence or breach of ACL guarantees.

7.2 Recreational Services Waiver: For recreational activities, you waive claims for personal injury/death from inherent risks, but not our reckless conduct.

7.3 Indemnity: You indemnify us against claims arising from your breach of Terms or misuse of Services.

7.4 ACL Limitation: For non-excludable guarantees, our liability is limited to resupplying Services or equivalent cost.

8. Intellectual Property

8.1 Ownership: All programs, plans, content, and materials (e.g., Workout of the Week) are owned by Lukefit. Use only for personal purposes; no reproduction or sharing without permission.

8.2 User Content: By posting on Lukefit social page, you grant us a license to use it for business purposes.

9. Privacy

9.1 Collection: We collect personal/health data for Services, per our Privacy Policy (available on request or website).

9.2 Compliance: We comply with the Privacy Act 1988 (Cth). Data is used for Services, safety, and marketing (with consent).

9.3 Security: We take reasonable steps to protect data but cannot guarantee absolute security.

10. Termination

10.1 By You: As per Section 5.

10.2 By Us: For breaches (e.g., non-payment, misconduct), with notice. Pro-rata refunds where applicable.

10.3 Effects: Upon termination, access to membership features ends.

11. Dispute Resolution

11.1 Process: Contact us first. If unresolved, mediate via NSW Fair Trading or escalate to courts.

12. Governing Law

12.1 These Terms are governed by New South Wales and Australian laws. You submit to NSW courts' jurisdiction.

13. Force Majeure

13.1 Neither party is liable for delays due to events beyond control (e.g., pandemics, natural disasters).

14. Severability

14.1 If any provision is invalid, the rest remain enforceable.

15. Contact Us

For questions: Email info@getlukefit.com or call +61403327476, Address: 260 Keira St, Wollongong, NSW, 2500.

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