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    This is our Service Agreement. Hustler Fitness provides its services to you subject to the Terms and Conditions contained in this Service Agreement. If you visit, shop or engage personal training services at Hustler Fitness, you accept these Terms and Conditions. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualise your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment.

    Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being. If you are pregnant, a nursing mother, anorexic, bulimic, or allergic to peanuts you agree not to participate in any recommended program.

    If you are diabetic you agree not participate in any recommended program. If you fit into one of these categories and have already joined a program, please contact immediately. If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. The contents of this Website, including the text, graphics, images, and information obtained from Hustler Fitness third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.

    SALES POLICY

    The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

    • All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Hustler Fitness may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
    • All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
    • In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
    • All purchases made on www.hustlerfitness.com are non-refundable nor exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via [email protected] to discuss a resolution.
    • By placing an order with Hustler Fitness, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Hustler Fitness for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

    PAYMENTS

    All transfers conducted through Hustler Fitness are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

    COOKIES

    Hustler Fitness uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, can not contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: "Session Cookies" and cookies that are saved permanently on your computer.

    The first type of cookie commonly used is "Session Cookies". During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A "Session Cookie" is never stored permanently on your computer and disappears when you close your browser. To use www.hustlerfitness.com without troubles you need to have cookies enabled.

    The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

    ADDITIONAL INFORMATION

    Hustler Fitness reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. 

    RETURN POLICY

    As all of our products are digital they are deemed "used" after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact [email protected] to see how we can remedy any problems you may have with this.

    PAYMENT AND CURRENCY DISCLAIMER

    All payments are managed by a third party payment gateway, Shopify Payments or Paypal. All payment amounts are represented in AUD as this is the currency of our host country. Shopify Payments nor Paypal provide converting transactions prices. We have listed equivalents of some of the main currencies of our products on their respective pages. Please be aware these "equivalents" are subject to change as is the foreign exchange stock market at any given time. Therefore we are not liable for any discrepancies in charges for international currencies. Our equivalent currency prices are changed periodically but are not automatic updates that foreign the foreign exchange market prices. All transactions processed on www.hustlerfitness.com will be charged to the customer in the equivalent amount in their host countries currency per the AUD price. All currency conversions and their calculations through payment are made via Shopify or Paypal.

    MARKETING

    Hustler Fitness has implemented remarketing, Google display network impression reporting, doubleclick campaign manager integration, and Google Analytics demographic and interests reporting. Using the Ads Settings in Google you many opt out of Google Analytics for display advertising and customize Google display network ads.

    Hustler Fitness reserves the right to use remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show you our ads on sites across the internet. Hustler Fitness and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on users past visits to our website. 

    Hustler Fitness and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this site. Hustler Fitness collects data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.

    PRIVACY POLICY

    All personal information you provide us with or that we obtain will be handled by Hustler Fitness and we will be responsibly for the secure storage of your personal information . We will collect details such as contact name and email address and this information is obtained automatically through forms annotated on www.hustlerfitness.com. All other information such as payment details is not collected by our company and we are therefore not responsible for the security of such information. Payment information is processed and stored using a third party company. This company can be contacted at www.stripe.com. The personal information you provide will be used to ensure deliveries to you, to provide offers and information on our catalogue to you. The information you provide is only available to Hustler Fitness and will not be shared with any other third parties within Australia or Internationally. You have the right to inspect the information held about you. You always have the right to request Hustler Fitness to delete or correct the information held about you. If you wish to alter, access or remove or complain about breaches of the APP code (Australian Privacy Principles) please contact us on [email protected] By visiting this website and purchasing products of the Hustler Fitness Conditions, you agree to the above.

    SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

    When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

    When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

    Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

    SECTION 2 - CONSENT

    How do you get my consent?

    When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

    If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

    How do I withdraw my consent?

    If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]

    SECTION 3 - DISCLOSURE

    We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

    SECTION 4 - SHOPIFY

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

    Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

    PAYMENT

    If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

    All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

    PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

    Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.

    SECTION 5 - THIRD-PARTY SERVICES

    In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

    However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

    For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

    In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

    As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

    Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

    LINKS

    When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

    SECTION 6 - SECURITY

    To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

    If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

    SECTION 7 - COOKIES

    Hustler Fitness uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, can not contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: “Session Cookies” and cookies that are saved permanently on your computer. The first type of cookie commonly used is “Session Cookies”. During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A “Session Cookie” is never stored permanently on your computer and disappears when you close your browser. To use Hustler Fitness without troubles you need to have cookies enabled. The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On this website we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

    SECTION 8 - AGE OF CONSENT

    By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    SECTION 9 - CHANGES TO THIS PRIVACY POLICY

    We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

    If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

    QUESTIONS AND CONTACT INFORMATION

    If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] 

    PHYSICAL PRODUCTS TERMS & CONDITIONS 

    Hustler Fitness reserves the right to modify or change product specifications as required in order to improve our product range and availability. This will only be done when we consider the alternate product to be of equal or better quality. We recommend that you immediately inspect any product upon delivery to you to ensure that you are completely satisfied with the product, including that the product is of acceptable quality and matches the description of the product.  

    Requests for replacements of products must take place within 30 days from the original shipment date in order to receive a replacement. All products being returned must be returned in the condition received by you with all original packaging, accessories and/ or manuals.

    Returns received more than one year after date of shipment will not be accepted and will be returned to sender at the customer's expense.

    FAULTY PRODUCTS

    If you receive a product, which is faulty at time of delivery or faults within 90 days, other than by reason of fair wear and tear or misuse by you, please contact Hustler Fitness directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by Hustler Fitness. Return costs of faulty products to be assessed will be at the expense of Hustler Fitness. Faulty products must be returned in the condition received by you with all original packaging, accessories and/or manuals.

    LOCAL TAXES

    Please note that local charges (e.g. sales tax, exchange fees) may occur based on your region and local customs duties. These charges are at the customer’s own expense. All transactions are made through payment gateways such as Paypal that use SSL encryption. These payment gateways are secure for using all credit card and debit card types in different countries. Your details are not stored during this process. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

    ERRORS

    Hustler Fitness tries its best to present the products accurately. Hustler Fitness makes no warranty or representation that the information provided by our suppliers in relation to the product description is accurate, reliable and complete.

    From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

    If you receive a product which is incorrectly described please contact Hustler Fitness directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by Hustler Fitness. Return costs of incorrectly described products to be assessed will be at the expense of Hustler Fitness. Incorrectly described products must be returned in the condition received by you with all original packaging, accessories and/or manuals.

    SHIPPING

    Hustler Fitness delivers to most countries with varying shipping rates. To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are able to deliver to a P.O. Box.

    We use all reasonable efforts to dispatch orders within 3 business days of the purchase date. We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order.

    If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery.  You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this.

    CHANGE OF MIND - RETURNS/EXCHANGES

    Please choose carefully. We do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Should you have any questions regarding a particular product, please visit our help site. 

    ADJUSTMENT OF ORDER INFORMATION

    All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact [email protected] immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible. 

    Please note contacting carriers directly is the responsibility of the customer.

    TAX, DUTY & CUSTOM CHARGES

    Customers located international may be required to pay sales tax, duty and/or custom charges. 

    All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ deepening on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Hustler Fitness is not responsible for any additional taxes and customs charges that are requested during the shipment of your order.

    GOODS DAMAGED/LIST IN TRANSIT

    If any goods arrive damaged, please contact our Customer Care Team as soon as possible. Hustler Fitness will arrange to have the damaged goods returned to our office or manufacturer and a replacement of the product to be provided (subject to availability). Damaged goods must be returned in the condition received by you with all original packaging, accessories and/or manuals. You must notify Hustler Fitness of the damage within 48 hours of delivery providing full details of the damage along with your order/invoice number.

    LIMITATION OF LIABILITY

    To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.

    INDEMNITY

    You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

    APPLICABLE LAW

    The Website is created and controlled by Hustler Fitness in the country of Australia. As such, the laws of Australia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Hustler Fitness reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of Australia for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Australia courts and agrees not to plead or claim in any Australia court that such litigation brought therein has been brought in an inconvenient forum.

    ERRORS

    From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

    AVAILABILITY

    All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

    ADDITIONAL INFORMATION

    Hustler Fitness reserves the right to amend any information, including but not limited to prices, terms of purchase, technical specifications and product offerings without prior notice. In the event a product is sold out, Hustler Fitness reserves the right to cancel the order.

    MISCELLANEOUS TERMS

    In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. Hustler Fitness reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

    COPYRIGHTS

    Copyright © Hustler Fitness 2016-17. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Hustler Fitness or its content suppliers and are protected by United States and international copyright law. Hustler Fitness enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate. All rights are reserved.

    TRADEMARKS

    Hustler Fitness, and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Hustler Fitness reserves all rights. All other trademarks not owned by Hustler Fitness that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hustler Fitness.

    DISCLAIMERS AND LIMITATION OF LIABILITY

    Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Hustler Fitness, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Hustler Fitness does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

    THE WEBSITE IS PROVIDED BY HUSTLER FITNESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUSTLER FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUSTLER FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL HUSTLER FITNESS OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, RECOMMENDED OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF HUSTLER FITNESS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HUSTLER FITNESS LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HUSTLER FITNESS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

    Under no circumstances shall Hustler Fitness or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

    SECTION 10 - PERSONAL TRAINING TERMS & AGREEMENT

    Fees

    The fee for the coaching sessions will be charged fortnightly in advance. 

    Payments can be made via credit card or direct debit as billed via Ezidebit. Client shall be responsible for any transaction fees as charged by the payment processor (EziDebit) associated with their chosen payment method. Unless otherwise agreed upon, the minimum contract term is 10 debits which shall begin from the first billing date.

    Cancellation Policy

    Clients maintain the right to cancel services. Cancellation must be done in writing via email to the following email address: [email protected]. 30 days notice is required to cancel any agreement. If the minimum term has not been met, a cancellation fee equivalent to 50% of the remaining contract value will be payable within 30 days of the date of notification of cancellation.

    In the event the client is unable to attend a scheduled session, the client must notify Hustler Fitness at least 24 hours prior to the scheduled appointment. Client will be charged for the session if less than 24 hours is not given.

    Location

    Unless otherwise stated, client will be provided with in person personal training services at Goodlife Health Clubs Adelaide City, located at 81 King William Street, Adelaide SA 5000. Entrance into the facility is granted by Goodlife Health Clubs Adelaide City. Any entrance fee is paid directly to Goodlife Health Clubs Adelaide City and is not part of the transaction between Hustler Fitness and the client. 

    Termination

    Termination of this agreement may occur at the discretion of Hustler Fitness when an impasse is reached with the client. 

    Hustler Fitness reserves the right to terminate the agreement at any time at the at the sole discretion of Hustler Fitness and/or your personal trainer. Examples of terminable offences include payment in arrears, harassment or unconscionable conduct.

    Confidentiality

    Anything that is said or revealed in the sessions between personal trainer and client is privileged information and will not be disclosed to any outside party. The exception is if the information revealed includes disclosure of illegal, unethical or criminal activities or where legally required to do so.

    The methods employed by Hustler Fitness do not guarantee results. They are guidelines that the client must follow through on in order to see any type of change. The client agrees, therefore, to hold Hustler Fitness and his or her personal trainer free from any liability and responsibility for adverse reactions as a result of any training, information or advice given at any time. Client certifies that s/he is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training. Client certifies that s/he has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician. Client certifies that s/he is over the age of 18.

    By commencing training with Hustler Fitness, you signify that you agree with the information laid out in these terms in full and without exception.

    FEEDBACK

    Any feedback you provide at this site shall be deemed to be non-confidential. Hustler Fitness shall be free to use such information on an unrestricted basis.