PERSONAL TRAINING TERMS OF SERVICE 1st March 2023 The terms and conditions in this document supersede all previous versions and are valid from Tuesday 1st March 2023. Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / The Optimum Zone and any of our related businesses may be referred to in this document either by name or as “OFC”, “OMA”, “we”, “us” or “our”. You the client may be referred to in this document / web page as “you”, “the client”, “the customer”, or any variant of those terms, or any other commonly recognised term implying a person is currently or has utilised the paid services of a business. Welcome to personal training! We look forward to working with you on the road to achieving your goals. The following “Terms of Service” outline your duty of disclosure & informed consent to us, and our duty of care and liability to you. Before engaging any of our services you will be required to sign either a paper hardcopy or electronic version of this document in which you agree to abide by these “Terms of Service” and by default any future amendments to them. They are designed to provide a safe and happy training environment for both clients and trainers, and it is in everyone’s interest to abide by them. Please note that we cannot provide you with any of our in person or online products or services if you do not agree to the terms & conditions laid out in this document. a) Your Duty of Disclosure (the client) • I have read, understood, and filled out the Online Exercise Safety Questionnaire form honestly and as completely as I am able. • I have disclosed any and all information that is relevant to my ability to participate in an exercise program, martial arts training, or a nutrition / eating / diet / supplementation program to Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / The Optimum Zone or any of their authorised agents or associates thereof. b) Your Acknowledgement of Risk & Disclaimer • I am aware that all forms of exercise carry a potential risk, and that although Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / The Optimum Zone will take all possible care to ensure that no injuries occur, I understand that it is still possible to incur injuries whilst participating in any type of exercise session / program. • I therefore understand and agree that the owners, staff, instructors / trainers, and venue providers, including but not limited to: • Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / Optimum Martial Arts Academy / The Optimum Zone • Any of the above’s employees and agents or associates, (who will take all reasonable care and attention) • Will NOT be liable for any injury, illness, or loss of property, whether caused by accident or neglect during the course of ANY type of fitness training, exercise program, martial arts training, or nutrition plan with Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / Optimum Martial Arts Academy / The Optimum Zone, or their employees and agents or associates. This is understood and agreed to whether the above services and / or products are delivered during a face-to-face supervised session, or if I am following a written or online exercise, martial arts, or nutrition program, with or without supervision. c) Payments The following conditions are designed to ensure fairness in all aspects of session management and business transactions. Payments for products and services purchased from Optimum Fitness Concepts can be processed in a few different ways. • All prices advertised, listed,or quoted are in Australian dollars (AUD) and DO NOT INCLUDE GST • There are NO CASH PAYMENTS. All product packages must be paid for in advance by EFT (i.e. Either Internet banking transfer or a recurring auto debit arrangement, or through the Trainerize.me payment portal). • For recurring auto debits, you will be debited the advertised amount for your coaching or virtual personal training at the amounts and intervals that are specified by the product you have purchased. Specific payment amounts and intervals are specified on the purchase page for each product or service. You authorise Neal Elliott / OFC / OMA (or any other entity nominated by us) to bill you on the basis outlined above. • You (the client) agree to pay the full advertised amount for the product and / or service you are purchasing. (For example, an 8 Week Home Training Whole Body Program etc.) • In order to ensure a sufficient amount of time to see reasonable results, every online training program starts with a “Minimum Initial Commitment Term” of 8 weeks. After that it’s possible to purchase individual workout plans in 4 week allotments that are billed weekly or as a one off fee. • There are no refunds for unused, forfeited, or expired packages of services or products. OUR PRIVACY POLICY STATEMENT Neal Elliott / Optimum Fitness Concepts / Optimum Fighting Concepts / Optimum Martial Arts Academy / The Optimum Zone and our related businesses (referred to in the following section of this web page / document either by name or as “OFC”, “OMA”, “we”, “us” or “our”) recognise that your privacy is very important, and we are committed to protecting any personal information we collect from you. The Privacy Act 1988 (Australia) governs the way in which we manage your personal information. This policy statement describes how we collect, use, disclose, and otherwise manage personal information about you. 1. COLLECTION OF PERSONAL INFORMATION Types of Information Collected In order to provide you with the most appropriate services and products we will need to collect and hold some personal information about you. That is, information that can identify you, and is relevant to providing you with the services or products you want. This personal information may include details such as your name, age, sex, gender identity, contact information, medical history and current medical conditions, contact details of relatives of friends, and what products and services you are interested in or require more information about. We may also request your preferences for receiving further marketing or promotional material. The choice of how much information you provide to us is yours. However, we need this information to: • Process your request for a product or service and then provide that product or service to you. • Improve the quality of our products and services. • Assist you in determining which products and services best meet your needs. Method of Collection Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email or messaging, or through a telephone video call conversation with you. We may also collect personal information about you from third parties acting with your consent on your behalf (for instance relatives or agents). Purpose of Collection The personal information that we collect and hold about you, depends on your interaction with us. Generally, we collect, use and hold your personal information for the purposes of: • Providing products and / or services to you. • Providing you with newsletters, information, and other communications. • Providing you with information about other services that we offer that may be of interest to you. • Involving you in promotions and other initiatives undertaken by us. • Facilitating our internal business operations, including the fulfilment of any legal requirements. • Analysing our services and customer needs with a view to improving those services. Failure to Provide Necessary or Accurate Information If the personal information you provide to us is incomplete or inaccurate, we will be unable to provide you with the services you are seeking. Internet Users If you access our website or app, we may collect additional personal information about you in the form of your IP address or domain name. Our website or app may use cookies from time to time. The main purpose of cookies is to identify users and to prepare customised web pages for them. We may collect and store information about your visit to our website or app including: • The name of the domain from which you accessed the internet. • The date and time you accessed the website or app. • The internet address of the website from which you linked directly to our website or app. • The pages you accessed while visiting our website, and your activities whilst using our app. This information does not in itself identify you and is only used to measure the number of visitors to the website and how it was navigated, and to analyse how people are using our app. This information assists us to make our website and app more useful to you. 2. SECURITY OF YOUR INFORMATION Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above). We will NOT release your name in connection with any information you provide without your permission unless we are forced to do so by an authorised law enforcement agency or government department. We store the personal information we collect from you in different ways, including in paper and electronic format. We take reasonable steps to ensure the security of all information we collect from risks such as loss, unauthorised access or use, destruction, modification, or disclosure of data. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. These activities are undertaken at your own risk, and we cannot be held responsible for data breaches where your information is taken from third parties that provide hardware and / or software for the transmission of your data such as Apple, Google, Samsung, Microsoft, or any other provider of technology that transmits and / or stores data. 3. LINKS TO OTHER WEBSITES Our website may contain links to other websites. We are not responsible for the privacy practices or content of those linked websites. It is your responsibility to investigate the privacy policies of those other sites. 4. CHANGES TO THIS PRIVACY STATEMENT This privacy policy may change from time to time particularly as new rules, regulations, and industry codes are introduced. If you have any questions please feel free to email us at optimumfc@outlook.com. Thank you for taking the time to read our Terms of Service & Privacy Statement.