Below are the terms and conditions of being a My Trainer client and of our billing procedures. Please read carefully and tick the box below to indicate that you accept these terms and conditions in full.
Billing Agreement Conditions
I request My Trainer Corporation Pty Ltd to arrange for funds to be debited from my nominated account for the amount specified weekly in advance. This applies for a minimum period of 12 weeks from the date I start. I acknowledge that after the initial 12 weeks, my regular training & debit shall continue until I cease my agreement by giving written notice, allowing for a minimum of 1 billing cycle.
I acknowledge that I am not eligible for any refund of moneys paid. Should I choose to cancel my training & agreement prior to the minimum 12 week period, I agree to have debited from my nominated account a cancellation fee of $100 in addition to the notice period required.
I agree to provide a minimum of 12 hours notice to reschedule any session. I understand that in the event that I cannot provide 12 hours notice I forfeit 100% of the training fee. I am entitled to defer my weekly training by providing 12 hours written notice and incurring a charge of $2.00 instead of my regular debit. I understand that any sessions I have taken during my time with My Trainer, that are identified as unpaid shall be charged to me with my last scheduled payment.
I understand that this agreement is with My Trainer Corporation Pty Ltd and all alterations must be approved by their head office. I hereby acknowledge that I have fully read, understood and will abide by the terms of this Client Agreement, Release and DDR Service Agreement of My Trainer Corporation Pty Ltd. I understand that I am responsible for informing My Trainer’s accounts department of any changes required to my debiting arrangements for any reason. I acknowledge that at the conclusion of my first regular training session, I have accepted all the payments, terms and conditions laid out in this document, regardless of whether I have returned a signed copy to My Trainer Corporation Pty Ltd or not.
Client Release
As essential condition of being allowed to join and have use of the services of My Trainer:
1. I hereby represent and warrant My Trainer Corporation Pty Ltd, and it’s directors, officers, employees, contractors, instructors, agents and affiliated (all of the foregoing and hereinafter collectively called “representatives”) that I do not have any physical, medical or other disability or condition or susceptibility which may be affected or aggravated or result in any loss, damage or injury to my person or deterioration of my health if I make use in any way of or have access to or am present at or undertake any exercise, activity or evaluation at or connected with My Trainer Corporation Pty Ltd or it’s representatives, including (but not limited to) participation in exercise activities using public streets, footpaths, parks or beaches or private residences or businesses. I undertake to inform My Trainer Corporation Pty Ltd in writing immediately upon my being aware of any such disability or condition.
2. I hereby irrevocably and unconditionally release and indemnify My Trainer Corporation Pty Ltd and all of its representatives to the maximum extent permitted from any claim, action, suits, demands, proceedings and causes of action and any direct, indirect, resulting or consequential loss, cost, expense or damage of whatsoever kind which I may incur, suffer or sustain, whether in respect of my person or property or otherwise, arising out of or in respect of or in connection with my use of or access to or presence in or undertaking any exercise or activity at or in connection with the services or any supervision, instruction, evaluation, or counselling by My Trainer Corporation Pty Ltd or any of it’s representatives in connection with the facilities or any exercises or activities which I do or may undertake, including (but not limited to) participation in exercise activities using public streets, footpaths, parks or beaches or private residences or businesses or by reason of or arising from the negligence of My Trainer Corporation Pty Ltd or any of its representatives.
3. I hereby acknowledge and agree that while using or having access to or present in or at or undertake any exercise or activity at or connected with the Facilities, my person or property are entirely at my own risk and to the maximum extent permitted by law neither My Trainer Corporation Pty Ltd or any of it’s representatives is liable or responsible for any direct, indirect, resulting or consequential loss, cost, expense, damage or injury to my person or property or which may otherwise incur, sustain or suffer which is wholly or partly due to or aggravated by or arises from any advise, instruction, supervision, act, omission or negligence of My Trainer Corporation Pty Ltd or any of it’s representatives or any exercise or activity or thing which I may undertake or perform or be subjected to or by virtue of any breach or failure to comply with any Rules and Regulations of My Trainer Corporation Pty Ltd.
4. It is specifically agreed that the terms of this Release and Indemnity apply to any personal training carried on by any representative of My Trainer Corporation Pty Ltd.
Customer DDR Service Agreement
OUR COMMITMENT TO YOU
This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between My Trainer Corporation User ID 315348 and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance. Initial terms of the arrangement In terms of the Direct Debit Request arrangements made between us and signed by you, we undertake to periodically debit your nominated account for the agreed amount for personal training each week in advance until further notice in accordance with your agreement conditions.
Drawing arrangements
-
The first drawing under this Direct Debit arrangement will occur on the date nominated
-
If any drawing falls due on a non-business day, it will be drawn on the next business day
-
We will give you at least 14 days notice in writing when changes to the initial terms of the arrangement are made.
-
If you wish to discuss any changes to the initial terms, please contact our office by phone at 03 9836 5599, email accounts@mytrainer.com.au or post PO Box 215 Canterbury VIC 3126
YOUR RIGHTS
Changes to the arrangement
If you want to make changes to the drawing arrangements, please contact our office by phone at 03 9836 5599, email accounts@mytrainer.com.au or post Po Box 215, Canterbury VIC 3126
These changes may include:
- change of preferred account; or
-
deferring the drawing; or
-
altering the schedule; or
-
pausing an individual debit; or
-
suspending the DDR; or (requires completion of online suspension form)
-
cancelling the DDR completely. (requires completion of online cancellation form)
Billing Enquiries
Direct all enquiries to our accounts department, rather than to your financial institution, these should be made at least 3 working days prior to the next scheduled drawing date. All communication addressed to us should include your full name and contact phone number. All personal customer information held by us will be kept confidential except that information provided to our financial institution to initiate the drawing to your nominated account.
Please NO DOT direct any account related enquiries to your trainer. They have no access to your billing arrangements and no authority to request adjustments on your behalf.
Disputes
If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting our office immediately on 03 9836 5599 during business hours.
YOUR COMMITMENT TO US
It is your responsibility to ensure that:
-
your nominated account can accept direct debits (your financial institution can confirm this); and
-
that on the drawing date there is sufficient cleared funds in the nominated account; and
-
that you advise us if the nominated account is changed, transferred or closed.
If your drawing is returned or dishonoured by your financial institution, we will contact you via email, then attempt a re-draw the next day. A dishonour fee of $10 will be added onto your regular weekly amount, for each transaction that is dishonoured. Any additional fees incurred by My Trainer Corporation due to your drawing being reversed, will also be charged to you.
Any amounts outstanding beyond 30 days will be sent to Dunn & Bradstreet for collection. All associated collection costs including legal fees will be passed on to you.
Ethical Conduct
All My Trainer clients enter into an agreement with My Trainer Corporation, which forms a 3 way partnership including the contracted trainer. At no time shall any party seek to compromise the integrity of this relationship, through offers of direct payment, or service. Any such actions are considered a serious breach of conduct and may result in immediate termination and penalties.