Terms and Conditions
Tactical Motion Fitness and Performance
ABN: 85 363 880 017
1. Website owner, the offering, and binding of Terms
a. This website is owned and operated by Tactical Motion Fitness and Performance. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information on the services and the products offered by Tactical Motion Fitness and performance, as well as provides access to a booking system with a platform to purchase services if visitors choose to do so. By accessing or using the website of our service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
b. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
2. Key commercial Terms offered to customers
a. When buying an item, you agree that:
i. you are responsible for reading the full item listing before making a commitment to buy it:
ii. you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the payment process.
iii. The prices we charge for using our services and our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the services page.
iv. The fee for the services and any other charges you may incur in connection with your use of the service, such as possible transaction fees, will be charged to your payment method.
b. The prices of products do not attract GST.
c. Our products have no expiration date.
3. Refund and cancellation policy
a. Session Cancellations by Clients
i. Clients must provide a minimum of 24 hours notice to cancel or reschedule a session. Failure to do so will result in the full session fee being charged.
ii. Sessions can be rescheduled up to 24 hours in advance, subject to availability. If a session is rescheduled more than once, a $20 fee may apply.
b. Session Cancellations by Trainer
i. In the event that the trainer needs to cancel or reschedule a session, clients will be notified as soon as possible. The trainer will make every effort to provide an alternative session time or offer a full refund for the cancelled session.
c. Refunds
i. Full refunds will be provided only if the client cancels a session at least 24 hours in advance or if the trainer is unable to provide the service. A full financial refund would only refer to single session products. In the case of 10 session packs, the client would retain their session on their 10 session pack instead of receiving a financial refund.
ii. No refunds will be issued for missed sessions or for cancellations made within 24 hours of the scheduled session.
iii. Refunds for packages or memberships are considered on a case-by-case basis. If the client is unsatisfied with the services, they must notify the trainer within 7 days of the first session for a potential partial refund, subject to the trainer’s discretion.
iv. A refund will be provided for any unfit or unsafe services.
c. Packages, Single Sessions and Membership Terms
i. Our packages and single sessions do not have an expiry date.
ii. Packages are non-transferable once sessions have commenced.
iii. Clients wishing to cancel a package or membership before its completion will be charged a single session price for the sessions they have used, and any remaining balance will be refunded, minus a cancellation fee of $150. The cancellation fee applies to the potential losses incurred by the trainer due to their time being reserved via bookings made in their calendar.
d. Late Arrivals
i. Clients who arrive late to a session will only receive the remaining time of the scheduled session and full payment is required.
ii. The trainer will make reasonable efforts to accommodate late arrivals if the schedule permits, but this is not guaranteed.
e. Health and Safety Requirements
i. Clients are required to inform the trainer of any medical conditions, injuries, or health issues that may affect their ability to participate in training sessions.
ii. The trainer reserves the right to refuse service if a client is deemed medically unfit to engage in physical activity, or if the client fails to comply with the trainer’s health and safety guidelines.
iii. All clients must complete a waiver, consent form and a health screening form prior to engaging in training.
f. Client Conduct
i. Clients are expected to behave in a respectful and professional manner during training sessions. The trainer reserves the right to terminate a session without refund if the client behaves inappropriately, including but not limited to harassment, aggression, or repeated disruptive behaviour.
g. Force Majeure
i. The trainer shall not be held liable for failure to perform services due to circumstances beyond their control, including but not limited to illness, injury, natural disasters, or government restrictions. In such cases, affected sessions will be rescheduled or refunded as appropriate.
h. Cancellation Due to Sickness or Physical Incapacity
i. If you are unable to use your Personal Training Pack due to permanent sickness or physical incapacity, you may cancel your Personal Training 10 Session Pack. To do so, you must provide us with written notice, along with a medical certificate confirming that you are permanently unable to use your Personal Training Pack due to your condition.
If your cancellation is approved due to permanent sickness or physical incapacity, we will refund any unused Personal Training Fees within 21 days of receiving your cancellation notice.
4. Retention of right to change offering
a. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
5. Ownership of intellectual property, copyrights and logos
a. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Tactical Motion Fitness and Performance. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
b. You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
6. Right to suspend or cancel user account
a. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
7. Indemnification
a. You agree to indemnify and hold the tacticalmotionfitness.com website owner harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
8. Limitation of liability
a. To the maximum extent permitted by applicable law, in no event shall the tacticalmotionfitness.com website owner, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
b. To the maximum extent permitted by applicable law, the tacticalmotionfitness.com website owner assumes no liability or responsibility for any
i. errors, mistakes, or inaccuracies of content;
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and
iii. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
9. Right to change and modify Terms
a. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
10. Promotional Messages and Consent
a. By using our website and/or services, you agree to receive promotional communications from us, including but not limited to emails, text messages, and other forms of commercial electronic messages.
b. You acknowledge that we may send you promotional content about our services, special offers, updates, and other marketing materials.
11. Consent to Receive Promotional Messages
a. You expressly consent to receiving promotional messages when you provide your contact details through our website or services. This consent can be withdrawn at any time by following the unsubscribe instructions included in each promotional message or by contacting us directly.
12. Unsubscribe Option
a. Each promotional message we send will contain a clear and easy-to-use mechanism for opting out of future communications. You can unsubscribe at any time by clicking the "unsubscribe" link in the email or contacting us directly via the contact details provided.
13. Preference of law and dispute resolution
a. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia and the Australian Capital Territory, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Canberra, Australian Capital Territory. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
14. Customer support details and contact information
a. The contact information enabling users and customers to receive customer support services and to correspond with the website and its operators is by email at info@tacticalmotionfitness.com
Or
b. Please use the contact form through the tacticalmotionfitness.com website.