Terms of Service
Terms and conditions
In the Terms and Conditions the following definitions “Fit X EMS”, “We”, “Us”, “Our” means the organisation providing the service to You. The “Client”, “You”, “Yours” means the person or party signing or otherwise entering into the contract formed on acceptance of these Terms and Conditions.
The content of this website is for your general information and use only. It is subject to change without prior notice.
Session and Packages
As a Client of Fit X EMS you are entitled to a training session with a qualified Fit X EMS EMS instructor for the duration of time and number of sessions as per your selected package.
Training sessions can be booked in person, over the phone, on our website or via our booking platform. All bookings are subject to approval and reserve the right to reject or change your booking by providing you reasonable notice.
All pre-paid sessions must be used within the specified period from the date or purchase. All unused sessions will be forfeited by expiry date.
Every possible effort will be made to deliver sessions and services on time therefore please ensure you allow 5 – 10 minutes before your booked session to change and be ready for your 20 minute workout time. The schedule is subject to change or cancellation without notice.
We will refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason by us.
We are not responsible for the safekeeping of your belongings.
We reserve the right to refuse training at any time and cancel memberships.
Cancellation and Refund Policy
You are entitled to cancel a class booking up to 24 hours before the scheduled session. You must cancel through your online account (via our website or simplybook.me platform). If you cancel after that deadline, you will be charged in full for that session.
We are not required to provide a refund or replacement if you change your mind.
• If you are on a casual session, you can book into any available time on our website.
• If you are on a prepaid package session, you can book into any available time slot on our website.
• You must cancel out of a class 24 hours prior to class start time
• You must cancel out of a class by logging into your account online and cancelling out. We do not accept cancellations via social media, text message or phone.
No Shows and Late Cancellation:
If you cancel late or don’t show, you will forfeit your class credit.
• Payment for all sessions must be made in full at least 24 hours prior to your session. Package sessions are not transferable.
• We accept payments by our booking system online via the website.
Your Health and Safety is our Priority
All new Fit X EMS clients are required to complete our Client Questionnaire prior to their first session. All information provided is to the best of your knowledge and not deceptive and/or misleading in nature.
We may request you to obtain medical clearance prior to starting your training with Fit X EMS or engage in any physical activity that may be detrimental to your health, safety or comfort.
Please advise us of any changes to your health status as it may affect your prescribed exercise program.
We reserve the right to cancel your session in the event we believe it may impact your health, safety, comfort or physical condition.
Data Collection Policy
By agreeing to these terms and conditions you agree to automatically be signed up to Fit X EMS email newsletter. You are able to unsubscribe from this newsletter at any time by clicking the ‘unsubscribe’ link within the newsletter.
The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable you must not use this website.
In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
Any advice, statements, opinions or information contained on this website have been prepared without taking into account your objectives, financial situations or needs. Before acting on any such advice, statements, opinions or information on this website, we recommend that you consider whether it is appropriate for your circumstances and seek professional advice where necessary.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Liability and Indemnity Waiver
If you sign up to a session or consultation with Fit X EMS, you agree to the following liability and indemnity clause:
I understand that Fit X EMS EMS training is not a substitute for medical attention, examination, diagnosis or treatment. EMS Training sessions are not recommended and are not safe under certain medical conditions. By signing, I affirm that a licensed physician has verified my good health and physical condition to participate in such a fitness program, if required. In addition, I will make the instructor aware of any medical conditions or physical limitations before the session.
If I become pregnant or I am post-natal or post-surgical, my signature verifies that I have my physician’s approval to participate. I also affirm that I alone am responsible to decide whether to engage in sessions with trainers of Fit X EMS and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Fit X EMS and its trainers and all related facilities and premises for any personal injury or negligence. Additionally, the facility, instructor and Fit X EMS are not in any way responsible for any loss or damage of your personal property. I understand that I may receive physical assists or adjustments to enhance or correct my body posture during Fit X EMS sessions by the trainer. I will take accountability for alerting the trainer if I do not want to receive any adjustments. I will also take accountability for alerting the trainer of any injury or impairment in advance of them adjusting me.
I have carefully read and fully understand and agree to the above terms of this Liability Waiver Agreement. I sign and agree to these terms and those set out in the Client Questionnaire voluntarily and recognise that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed orally. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
By accepting these terms, I assume any risk and take full responsibility and waive any and all claims of personal injury, damage to personal property and death relating to all activities associated with Electrical Muscle Stimulation training. On behalf of myself, my heirs, assigns, and next of kin, I waive all claims for damages, injuries, and death sustained by my property or me.