Terms & Conditions

The Limber Membership includes 2 classes per week of either Flexibility and/or Handstand Classes OR 1 class per week of Studio Pilates or Male Stretch. Additional handstand/flexibility/mat pilates classes for Limber Members can be purchased at the discounted rate of $12 per class. Ballet/Floor Barre class and Hula Fit are not included in the Limber Membership.

Once you subscribe via paypal for a Limber Membership, the monthly fee (currently $130/month) will be automatically debited from your account each month on the date you first subscribed. You are in control of your membership, if you wish to discontinue your membership then you can easily do so using the unsubscribe button on our website on your class page.

In the case of extended injury, illness or travel you can discuss your membership options with us and we will try to accomodate. You will be notified by your coach should there be any changes to the membership terms and conditions.

Member’s Assumption of Risk

1.You are aware that the use of the premises and facilities and your participation in sessions and programs conducted by Limber Sports Performance may involve strenuous activity and special risks.

2.You warrant that you are physically able to participate in any classes/fitness program or in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any classes/fitness program.

3.You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to Limber Sports Performance, or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Limber Sports Performance and its respective owners, sub-contractors or staff members and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

Blog Disclaimer

This Blog/website is made available by the publisher for educational purposes only as well as to give you general information. by using this blog site you understand that there is no relationship between you and the blog/website publisher.

This Blog/website offer health, fitness and nutritional information and it is designed for educational purposes only. you should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis or treatment. The publisher and the Authors are not responsible for any health or allergy consequences from any treatment, application, action or preparation to any person reading or following the information on this blog/website. references are provided for information purposes only and do not constitute an endorsement of any websites or other sources. Readers should be aware that entering this blog or website is at their own risk.

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The blog published on this website may contain links to third parties or copyrighted material not owned by the website owner and publisher. The publisher and the website owner do not claim nor have never claimed any ownership of any photographies, videos or any form of media owned by third parties and used in the blog section. The foreign copyrighted material is used exclusively for educational purposes.

Affiliate Disclaimer

this affiliate disclosure details the affiliate relationships of this blog/website with other companies and products. Some of the links are the "affiliates links' a link with a special tracking code. The blog/website owner does not hold no liability for any of the consequences derived from having access to any of the products advertised on this links.You expressly agree that your use of any of the affiliate's products/services is at your sole risk.

Bookings and Appointments
27. If you are unable to attend a scheduled booking or appointment, a cancellation fee may apply. The fee will be added to your next scheduled membership debit. Programming – A $30.00 cancellation fee will apply to appointments missed or cancelled with less than twenty-four (24) hours notice.

Physical Condition
30. You acknowledge that you have completed a Pre-Exercise Questionnaire. You must notify Kaya of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Kaya by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.
31. You acknowledge that any advice and/or recommendation given to you by an Kaya Fitness Leader is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular individual. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
32. You must not use any Kaya facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.

Member’s Assumption of Risk
33. You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Kaya may involve strenuous activity and special risks.
34. You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any classes/fitness program.
You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to Kaya, or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Kaya and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

Limitation of Liability
35. In consideration of the grant of Membership to you, you hereby release and forever discharge Kaya from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Kaya facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Kaya and its respective owners, directors, officers, employees or agents.
36. In consideration of the grant of membership to you, you agree that Kaya will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Kaya. Further, Kaya will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Kaya and its respective owners, directors, officers, employees or agents.

40. All fees and charges are subject to Clause 2 of this Agreement.
41. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Kaya before the membership expires.
42. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.
i. Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the club.
ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Kaya with two (2) weeks written notice. Membership will then be cancelled after (1) further full fortnightly debit.
iii. On joining you are required to pay a Joining Fee.
iv. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
v. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELLED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY KAYA.

Personal Training and Therapist Services
25. From time to time, Kaya may promote licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee.
You hereby release, indemnify and keep indemnified Kaya for any claim by you as a result of an act or omission by a licensee. You must notify Kaya immediately if you have a claim against a licensee. Kaya will at all times assist, where possible, to resolve any conflict or issues with licensees.
26. You acknowledge that personal trainers and therapists are available at Kaya and their services shall be taken up at your sole discretion.

Payment Terms
37. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
38. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to Kaya to charge a Payment Declined Fee. The current decline fee of $10.00 may change without prior notice.
39. Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that Kaya may suspend the Member’s use of the Membership Services until all payments, fees and other debts are paid in full. If payment is not received the Membership may be cancelled.
Kaya engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.
40. All fees and charges are subject to Clause 2 of this Agreement.
41. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Kaya before the membership expires.
42. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.
i. Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the club.
ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Kaya with two (2) weeks written notice. Membership will then be cancelled after (1) further full fortnightly debit.
iii. On joining you are required to pay a Joining Fee.
iv. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
v. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELLED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY KAYA.

Rules and Regulations

Code of Conduct
The mandatory Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the club premises and must comply with Occupational Health and Safety requirements of the club. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.

Privacy
During or immediately prior to your Membership, we may obtain certain personal information (such as about your health and your financial position). Kaya will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the Kaya website

SESSION PACKAGES & PERSONAL TRAINING A. WHAT YOU CAN EXPECT FROM YOUR TRAINER 1. Trainers will utilise their skills, knowledge and experience in preparation and the conducting of training sessions in a way that will take into account Clients personal goals, fitness level, ability and preferences as well as any injuries or potential limitations on training as identified by the Client. 2. The role of the trainer is to provide coaching, supervision, advice and support that the Client may need to help them in performing exercises correctly and safely in efforts to progress and achieve their goals. 3. Trainers will prepare a structured workout plan or training program for the client based on the information gathered from the Questionnaire and ‘Assessment Process’ to be undertaken at the initial stages of a clients training at JPS Health & Fitness. 4. Training programs may be emailed to the Client to the nominated email address below as requested for the Clients own personal records. 5. Nutritional guidance and advice will be provided electronically initially. Subsequent amendments will be made as arranged and agreed between the Client and Trainer. 2 6. Client progress will be closely monitored and training programs will be revised, amended and adjusted accordingly. 7. All personal information of the Client will be kept private and confidential – However in instances relating to genuine health concerns pertaining to the Client the Trainer may be required to disclose some information to other JPS Health & Fitness personnel, or to Allied Health Professions for advice, referrals or second-opinions. 8. JPS Health & Fitness and its Trainers are not registered or accredited practicing dietitian(s) or Exercise Physiologist(s) accordingly any nutrition advice should be taken as general advice and guidance, which is not intended to be in replacement of any professional or medical advice provided to the Client. 9. Client training sessions will be conducted, supervised and coached by Trainers for duration of 30 minutes, unless otherwise specified or arranged between the Client and responsible Trainer. 10. Weekly-Check In’s will be conducted if expressly requested by the Client or, alternatively, if the Client completes one of the provided Check-In documents and emails it to the responsible Trainer. 11. Trainers will be in constant communication with Clients to ensure that they can monitor progress while the Client is external of the facility. This is a matter to be determined between the Trainer and Client to arrange communication frequency and methods that will best suit the Client, their lifestyle and their goals. 12. Clients must park in designated car parks only and do all that is reasonably necessary to abide by neighbouring and local parking and traffic conditions. Please contact the relevant Studio Manager for parking queries. B. WHAT OUR EXPECTATIONS ARE OF YOU (THE CLIENT) 1. It is important the Clients ensure that they answers provided in the Liability Waiver be honest and accurate, disclosing any information that is, or may be deemed relevant to the Clients undertaking physical activities under JPS Health & Fitness. 2. Trainers may recommend that clearance of advice from a doctor or medical professional be sought, however Clients are responsible for seeking such clearance or advice prior to undertaking physical activity, nutritional or physical intervention at JPS Health & Fitness to prevent risk of illness or injury. 3. Participate in the Assessment Process or any other screening that the Trainer deems relevant or sufficient to clear the Client for training. 4. Dress appropriately and bring a sweat towel or other reasonably requested equipment or apparel. 5. Bring any medication, or medical equipment that may become necessary throughout physical activity. 6. The Client is required to arrive on time to each training session so that the full session can be achieved. It may be preferable (if possible) for Clients to arrive early to warm up or to allow time to complete any pre-habilitation, rehabilitation or other assigned exercises. 3 7. The client is required to wear appropriate clothing and footwear. Footwear should be comfortable and provide adequate support. Please ensure footwear is clean before entering the studio. 8. If a client elects to take their Training Program out of the JPS Health & Fitness entity then it will become the responsibility of the Client to keep safe, maintain and accurately monitor details of their training

C. INITIAL DOCUMENTS & HEALTH SCREENING 1. All clients must complete the Questionnaire provided which will be sent electronically to the email nominated below, and in doing so provide as much information that may be relevant for our purposes. 2. If a Trainer recommends or refers the client to a third-party practitioner for assessment or treatment it is the clients responsibility to follow this up and the Trainer is deemed to have done all that is reasonably necessary. 3. JPS Health & Fitness, and any of its subsidiaries reserve the right to refuse service to a client if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to the client as soon as it becomes apparent to the concerned JPS representative, and may invok

CANCELLATIONS, RESCHEDULING AND LATENESS 1. To cancel a pre-booked or scheduled session with a trainer with no charge or cancellation fee JPS Health & Fitness requires minimum of 24 hours notice. 2. Notice of Cancellation must be made either: a. in person at the concerned JPS Health & Fitness facility with the relevant Trainer or Administration personnel or, b. in writing via electronic communication, being either email or text message. 3. If a Cancellation is made inside after expiration of the notice period it will be deemed a ‘Late Cancellation’ and the session will be charged accordingly. 4. Any charges resulting from Late Cancellations may be communicated to the client on the first instance as a courtesy and reminder of the Cancellation Policy in force. 5. Trainers have discretion as to whether or not a Client will be charged for Late Cancellations, this determination is made on the circumstances under which the Client wishes to make the cancellation and any other factors the Trainer deems relevant. 6. Rescheduling of sessions must be completed outside the 24 hour notice period described above to avoid incurring a late cancellation charge. 7. Clients may be requested by their Trainer to reschedule or vary session times in order to accommodate other clients or other extraneous circumstances that may arise. In such instances we appreciate Client co-operation and are willing to reciprocate as reasonable. 8. If for any reason the Trainer is unable to attend the session the Trainer or any other JPS personnel will notify the Client as soon as practicable, and endeavour to either: 4 a. arrange another Trainer to conduct the Client session, or; i. In arranging another Trainer to conduct a Client session in an event of their absence or unavailability for whatever reason, this will first be communicated with the affected Client and confirmation be sought that this is acceptable to them. b. reschedule the session to another time that suits both parties. 9. If a Client is late to their scheduled session time, no extension of time is to be provided by the trainer, and the session will accordingly end at the allotted time. 10. If the trainer is late to the Client scheduled session time, additional time will be added to the session to ensure the minimum duration is met. 11. If at any time throughout training with JPS Health & Fitness the Client feels uncomfortable performing a movement, has or is concerned with risking injury, is not otherwise satisfied with the performance of their Trainer it is the responsibility of the Client to bring this to the attention of their Trainer or the Studio Manager immediately

PAYMENT METHODS A. UP-FRONT AND IN FULL 1. Accepted methods of payment are Cash, Electronic Bank Transfer or EFTPOS at the facility. 2. Receipts will not be provided unless expressly requested by the Client, and it is the clients’ responsibility to record any Cash payments they make with a trainer to ensure it is appropriately recorded. 3. All session packs that are purchased in full must be paid for in advance at or before commencement of first training session. 4. Session packages of less than ten (10) sessions must be redeemed within six (6) months of the purchase date, all other session packages must be redeemed within one (1) year of the purchase date. 5. Where are client wishes not to continue with their sessions, payments are non-refundable, but may be transferred to another party pursuant to notice and approval of the Studio Manager.

DIRECT DEBIT REQUEST SERVICE AGREEMENT 1. For any Direct Debit payments arranged between the Client and JPS Health & Fitness, the Client is presumed to have read and agreed to the Direct Debit Request Agreement document for the terms and conditions as they relate to such arrangements.

NON-REFUNDABLITY & TRANSFERRAL OF PURCHASES 1. At no time will any purchases made be refunded, however depending on the product or service concerned a transfer may be available. 2. Written communication of a transfer request must be made directly to the Studio Manager in question, and must include: a. The details of the transferee b. Written consent of the transferee to accept the transfer 3. In instances of transfers of products or services, it is up to the transferer and the transferee to arrange payment independently after approval has been received from the concerned Studio Manager.

SESSION PACKAGE EXPIRATION 1. If at the time of subsequent purchases you have outstanding payments due for services rendered by us, this may be considered in this payment agreement. Including, but not limited to, an automatic deduction equivalent to the amount of outstanding sessions owed. You will be notified of this upon Initial Setup and afforded an opportunity to rectify or contest any payments due. 2. Payments will not be refunded for any unused services, and any unused services will only be valid until the Service Expiration date. 3. All sessions will expire one year after purchase or first payment of this agreement; this will not be extended for any reason.