Terms and Conditions

COMPANY DETAILS

VO2MAXTESTING (ABN: 19 636 548 546) 11A/3 Vuko pl., Warriewood 2102 NSW may be referred to as VO2MAXTESTING, all meaning the same company. When this document makes reference to the words  “we”, “our” or “us” it means VO2MAXTESTING.

ABOUT THESE TERMS AND CONDITIONS

In these Terms and Conditions "we" and "us" mean VO2MAXTESTING (ABN: 19 636 548 546) and "you" means you the customer.

These Terms and Conditions together with your attendance as well as any written material  (email, marketing material, forms, polices,  procedures,  manuals,  reports,  etc)  published  by VO2MAXTESTING constitute the entire Agreement between us and you for the supply of Products & Services. No other Terms and Conditions will apply, except for Policies disclosed on our websites as well as any written material (email, marketing material, forms, polices, procedures, manuals, reports etc) published by VO2MAXTESTING.

The Agreement cannot be varied unless we agree to vary it in writing or by email.

"WITHOUT PREJUDICE"

All written correspondence and communication on our website as well as any written material (email, marketing material, forms, polices, procedures, manuals, reports etc) published by VO2MAXTESTING shall be deemed "without prejudice", and hence not made reference to in any court of law.

LEGAL CAPACITY TO TRANSACT

If you are under the age eighteen (18) years we cannot accept your membership with VO2MAXTESTING unless we receive parental/guardian written authority. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should VO2MAXTESTING suffer any damage or other losses as a result of a transaction entered into by a minor VO2MAXTESTING reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with VO2MAXTESTING.

OBLIGATION, RESPONSIBILITY COMMITMENT AND RISKS

A binding agreement shall commence between you the client and VO2MAXTESTING by accepting these terms. Your binding agreement shall be administered by the laws of New South Wales, Australia, and the parties surrender to the unrestricted and non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under these Terms and Conditions. Your choice in becoming a client will therefore legally bind you by these Terms and Conditions as altered from time to time.

These Terms and Conditions will apply to all Client transactions, whether before or after these Terms and Conditions become binding.  Any information provided in our written material and website are incorporated into this agreement by reference. It is important that you understand that you are liable for informing yourself of the terms. By agreeing to all the points mentioned in this document, you are deemed to have accepted and understood as binding on you all terms and any accompanying placing your order and joining us as a Member.  

You may accept our service by filling in the required details in any of the VO2MAXTESTING documents or application forms provided. 

VO2MAXTESTING and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Products and/or Services and their pricing may be amended, adjusted or removed from time to time. VO2MAXTESTING reserves the right to make these changes or variations to the availability and pricing of Products and/or Service based on market conditions demand and/or based on business arrangements with our Suppliers and/or Providers.

While VO2MAXTESTING will do its best in effectively managing any amendments and variations to pricing and availability, by ordering any Products and/or Services you do so with the understanding and acknowledgment to not make any and all legal or financial claims against VO2MAXTESTING based on losses affecting your profits, commissions and revenue, that you may suffer in respect of such matters.

We will confirm acceptance of your membership when we send you an email confirming the services you have chosen.  If we cannot process or accept your request after payment is received we will contact you by email or telephone.

PAYMENT METHODS AND PROCESSING

VO2MAXTESTING currently accepts a range of payment methods, which can be viewed within our booking process or on the Sessions Page of our website.  Payment processing will not begin until we receive all the information we need. Booking online requires a credit card (Visa, Mastercard) through our online facility which will incur a 2% surcharge.

If you agree to direct debit processing, payments will continue to be processed unless otherwise indicated on your application form.

In the event that a direct debit payment has been processed or an account has been created and you chose to opt out of your agreement, you agree to pay any processing fees and charges.

We reserve the right to have your payments processed by a third party such as PayPal and such a service may result in processing costs that may be passed on to you.

MEMBERSHIP PLANS

All sessions must be utilised within their plan period.  Unused sessions expire at the end of their plan period and will not be rolled into the following month.  Please refer to our cancellation policy and rescheduling session section for further details.

All other membership plans are governed by our standard cancellation policy and rescheduling sessions clause.

ONE DAY EVENTS

ONe day event bookings are valid for one event day only and are not transferrable. Cancellation within four weeks of the scheduled event date will forfeit 100% of your booking fee. Submitting your registration form indicates you having read and agreeing to our Terms and Conditions here and your waiving of any liability to VO2MAXTESTING as a consequence of injury to you or another participant during the event.

By registering for one day events you agree to follow all rules and instructions given before and on the day and assume responsibility for your own safety acknowledging that whilst VO2MAXTESTING will endeavour to reduce safety risks, will not be held responsible.

"COUPONS, GIFT CARDS, VOUCHERS OR DISCOUNTS"

VO2MAXTESTING in its absolute discretion may from time to time provide Coupons, Gift Cards, Vouchers or Discounts to existing and/or new customers. Coupons, Gift Cards, Vouchers or Discounts can only be used towards the payment of Products and/or Services provided.  Coupons, Gift Cards, Vouchers or Discounts can only be used in accordance with the Terms and Conditions under which they are issued. Any Terms and Conditions governing the use of a provide Coupon, Gift Card, Voucher or Discount will accompany that Coupon, Gift Card, Voucher or Discount.

VO2MAXTESTING will determine the content of Terms and Conditions governing Coupons, Gift Cards, Vouchers or Discounts in its absolute discretion.  Redemption of Coupons, Gift Cards, Vouchers or Discounts Cards will be valued for use and activation for no more than the specified time stated in the governing Terms and Conditions, unless indicated otherwise.

GST

VO2MAXTESTING purchases include GST unless otherwise stated on a Product listing.

PRICES

VO2MAXTESTING always seeks to list Products and/re Services with the most competitive prices. VO2MAXTESTING reserves the right to change prices for Products and/re Services displayed at VO2MAXTESTING at any time.

Conditions regarding future new special offers, trials, new client promotions.

You agree that by becoming a client of VO2MAXTESTING you are not entitled to any new client special offers, trials or new client promotions (ie. introductory session). You also agree that if you no longer remain a client of VO2MAXTESTING you are not entitled to any new special offers, trials or new client promotions upon your return.

YOUR RIGHTS TO REFUND A PRODUCT/SERVICE

No refunds, credit or replacements are offered if you have changed your mind about the product/service, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

BOOKING POLICY

You agree that all sessions either as part of your membership or additional services are to be pre-booked and approved by an authorised person of the VO2MAXTESTING. 

Confirmation of all session bookings will be confirmed through our online Booking System with a confirmation sent to you by email and no services or sessions that are not confirmed by you in writing will be offered or guaranteed.

CANCELLATION POLICY

With respect to all membership plans, you agree that pro-rata refunds will not be offered with this service.  You agree that you will be obliged to make payment of your full membership plan at the time of booking within it's plan period.

All sessions must be utilised within their plan period.  Cancelled sessions may, at the discretion of VO2MAXTESTING be rescheduled within their plan period.  Failure to cancel a session within the specified time shall render that session as used and no replacement session will be offered.

RESCHEDULING AN ALLOCATED REGULAR BOOKED SESSION: 

You agree and acknowledge giving VO2MAXTESTING a notice period of twenty four (24) hours if you are unable to attend your pre-booked session.  You agree that if a notice period of 24 hours is not given to VO2MAXTESTING you will be required to pay still pay for each booked session you did not attend and your session will be forfeited without the option for a replacement make up session.

CANCELLATION OF YOUR SWAPPED OR ONE OFF ALLOCATED BOOKED SESSIONS

You are not entitled to cancel a previously swapped session, one off changed session or a one on one session.

CHANGES TO YOUR ALLOCATED REGULAR ALLOCATED SESSION SCHEDULE

While VO2MAXTESTING will endeavour to maintain stability with your allocated regular sessions schedule, these are by no means permanent.  There may be times that you may be reallocated a new regular session schedule at anytime with notice.  We will do our best to offer you the flexibility to change your allocated regular sessions schedule in order to fit in with your life changes.  Any changes you request are not guaranteed and will be dependent upon VO2MAXTESTING availability.  You can change your regular sessions schedule by giving VO2MAXTESTING a notice period of forty eight (48) hours from when you are ready to make change.

PUBLIC HOLIDAY POLICY

There may be times when your Allocated Booked Session is scheduled on a Public Holiday.  We reserved the right to choose to open or close VO2MAXTESTING on public holidays.  We will endeavour to give you prior notice of the arrangement.  If your booked session falls on a public holiday, and the we have advised you that VO2MAXTESTING is open for normal service trading, then you are required to attend or provide in writing at least five (5) days’ notice of your intention to swap.  Failure to notify us prior to five days from the public holiday will result in forfeiting that session and you will not be entitled to a replacement or make up session. 

If your booked session falls on a public holiday, and the we have advised you that VO2MAXTESTING will be closed, then you are required to either accept a one off swap to a pre-agreed and pre-approved session change or choose to forfeit that session where you will not be entitled to a replacement make up session.

LATE POLICY

Clients are expected to show up at the scheduled appointment or session. Please try to arrive five minutes before session time so that you can stow your belongings, fill your water bottle and prepare yourself for your session.  You understand that all sessions will commence and finish on the scheduled time and if you are late, the session MUST finish on time.

PAYMENT

All payments are to be made in full unless otherwise agreed.  When purchasing any Product and/or Service, the total amount of that Product and/or Service must be paid prior to receiving that Product and/or Service.  Payment may be made in cash, direct bank transfer or credit card (credit card incurs a 3% surcharge). All memberships require full upfront payment prior to commencement.

HEALTH SCREENING

All clients must complete a Medical History Check disclosure before commencing any exercise programme.  VO2MAXTESTING may require a letter of 'medical clearance' from your GP. Please be aware that your GP may charge for providing this letter.  VO2MAXTESTING cannot be held liable in any way for undeclared or unknown medical conditions.  You must disclose all medical conditions as it is industry standard requirement.  

We adhere to all Industry Requirement set out by Fitness Australia and NSW Government that regarding strict guidelines in ensuring that you are at absolute minimal risk while performing in a fitness testing and service with VO2MAXTESTING. In order for you to receive the best probable care, guidance and support with your health and fitness journey you are required to acknowledge the following indemnity declaration before participating in any physical activity… 

WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. 

This Agreement acknowledges your consent to Participate in a Testing Session. The ‘Trainer’ refers to the Australian Registered Business ‘VO2MAXTESTING’. 

You acknowledge that it is a condition of participating in this activity that you do so at your own risk. You accept all risks and hereby indemnify and release VO2MAXTESTING, the trainer, their agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with the trainer, against all liability (including liability for their negligence and the negligence of others) claims, demands and proceeding arising out of or connected with your participation in this activity.

This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns.  You acknowledge that participating in this activity may involve a risk of serious injury or even death from various causes including: over exertion, dehydration, equipment failure and accidents with equipment and surroundings.

You recognise the difficulties associated with this activity and attest you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise. You understand the demanding physical nature of this activity. You are not aware of any medical condition, injury or impairment that will be detrimental to your health if you participate in this activity. In the event that you become aware of your medical condition, injury or impairment that may be detrimental to your health if you participate in this activity your Trainer and VO2MAXTESTING will be immediately informed.

By continuing to participate in this activity, you accept the risks despite these conditions and are still, and will always be under the terms of this agreement. You certify that you are 18 years older and have read this document and fully understand it OR As a parent or guardian of the participant (a) you agree to the above for yourself and on behalf of the participant and (b) you indemnify and  will  keep indemnified any person or body directly or indirectly associated with the conduct of the activity on terms referred to.

VO2MAXTESTING DISCLAIMER

If you believe there is a risk to your health by participating in a VO2MAXTESTING session you must inform the us in writing about the risk.

FIRST AID AND MEDICAL ATTENTION

In case of an emergency, you authorise VO2MAXTESTING to contact the nearest doctor/hospital and organise any medical attention on your behalf. You accept full responsibility for any costs incurred and release VO2MAXTESTING and its personnel staff, employees and contractors from any liability for injury incurred during the personal training program.

PAYMENT FRAUD

VO2MAXTESTING will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used by another party or is used in an unauthorised manner through online payments.

OUR LIABILITY

We will not be liable for any loss of income, loss of profits, loss of agreements, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of agreement or otherwise.

Our maximum aggregate liability for any Product/Service supplied to you whether in agreement, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

AGREEMENT TO SUPPOR OUR MARKETING

As part of maintaining our lower costs and passing them on to you, you agree you to allowing VO2MAXTESTING to use your success story, achievements and testimonials on any of our marketing material.  Should you wish for this not to occur you must notify us in writing. You agree and understand that any pre agreed marketing material and information may be too late to withdraw and you agree for us to continue and make the requested omission or changes on the next available marketing campaign.

GENERAL

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of VO2MAXTESTING.  Any unauthorised assignment shall be deemed null and void.  If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in VO2MAXTESTING .