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Shadow fitness world

1. Acceptance of these Terms

By accessing or using www.shadowfitnessworld.com (the "Platform"), creating an account, booking a session, purchasing a subscription or otherwise using any services made available through the Platform, you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform or book or participate in any session. These Terms apply to all Clients unless otherwise expressly stated. Additional terms may apply to Trainers under a separate Trainer Agreement.

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2. What Shadow Fitness World is

Shadow Fitness World ("Shadow", "we", "us" or "our") operates an online marketplace and booking platform that connects Clients in Australia with independent personal trainers ("Trainers") located overseas. The Platform facilitates the discovery, booking, scheduling and payment of live, one-on-one virtual personal training sessions between Clients and Trainers.

Unless expressly stated otherwise, Shadow Fitness World does not itself provide the personal training services delivered by Trainers through the Platform. The personal training service is provided by the relevant Trainer as an independent contractor. Sessions may be conducted using third-party video conferencing services, including Whereby or Google Meet.

Shadow may establish reasonable platform standards and requirements for Trainers, including requirements relating to qualifications, conduct, availability, communication, safety and use of the Platform. These requirements do not create an employment, partnership, agency or joint venture relationship between Shadow and any Trainer.

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3. Eligibility

You must be at least 18 years old to book or participate in a session through the Platform. By booking or participating in a session, you confirm that:

  • you are physically able to participate in the proposed exercise;

  • you will disclose to the Trainer any relevant injury, medical condition, limitation or other information that may reasonably affect your ability to exercise safely;

  • where appropriate, you have obtained advice from a suitably qualified medical professional before participating in exercise; and

  • you will follow reasonable instructions provided by the Trainer during a session.

Shadow Fitness World does not provide medical advice, diagnosis or treatment. Trainers are independent fitness professionals and are not medical practitioners unless separately qualified and expressly acting in that capacity. You are responsible for determining whether participation in exercise is appropriate for you and should seek appropriate medical advice where necessary.

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4. Trainers are independent contractors

Trainers available through the Platform are independent contractors and are not employees, partners, agents or representatives of Shadow Fitness World. The Trainer is responsible for providing the personal training services to the Client, including determining and delivering appropriate exercise programming, exercise selection, instructions, coaching and supervision within the scope of the Trainer's qualifications, experience and applicable requirements.

Trainers are responsible for maintaining any qualifications, registrations, certifications, licences and insurance required by law, by their agreement with Shadow Fitness World, or that are otherwise reasonably appropriate for the services they provide. Shadow Fitness World may require a Trainer to provide evidence of qualifications, certifications, insurance or other information as part of its onboarding or ongoing compliance processes.

Shadow may suspend or remove a Trainer from the Platform where Shadow reasonably considers that the Trainer does not meet its requirements or presents an unacceptable risk to Clients or the Platform. Nothing in these Terms or the operation of the Platform creates an employment, partnership, agency or joint venture relationship between Shadow Fitness World and a Trainer.

 

5. Bookings and payment

Single sessions, weekly subscriptions (including Once a Week and Twice a Week) and Prepay Packs may be available at the prices displayed on the Platform at the time of purchase. Payments are processed through Stripe. Shadow Fitness World does not store your full payment card details.

Single-session bookings may be matched with an available Trainer from the Shadow Fitness World Trainer pool. Subscription bookings may be assigned to a consistent Trainer and scheduled time, subject to Trainer availability.

Shadow Fitness World may change its prices from time to time, including as the Platform and Trainer network develop. Where a Client has an active subscription, the Client's existing subscription price will remain unchanged for as long as that subscription remains active, unless otherwise stated at the time of purchase.

Shadow Fitness World may change the Trainer assigned to a Client where reasonably necessary, including due to Trainer availability, illness, suspension, termination or other operational reasons. A booking is subject to Trainer availability and confirmation through the Platform.

 

6. Cancellations and rescheduling

Subscription Clients may reschedule a session without charge where the request is made more than 24 hours before the scheduled session, subject to available times. Requests made less than 24 hours before a scheduled session may be treated as a late cancellation and may not be eligible for rescheduling or refund, except where Shadow Fitness World determines otherwise or where required by law.

Subscriptions may be paused once per calendar year for up to one month, provided the pause is requested in advance and in accordance with the applicable subscription requirements.

If a Trainer is unable to conduct a scheduled session, Shadow Fitness World may arrange an alternative Trainer or reschedule the session. Where appropriate, Shadow may provide another reasonable remedy. Shadow Fitness World may make exceptions to these cancellation and rescheduling rules at its discretion, including in circumstances involving illness, technical problems, emergencies or other exceptional circumstances.

 

7. Refunds and Trainer-fit issues

Because personal training sessions are live services involving the allocation of a Trainer's time, refunds are not automatically available after a session has taken place.

If you are unhappy with the Trainer's fit for your goals, communication style or training preferences, please contact Shadow Fitness World. Where reasonably appropriate, Shadow will arrange a Trainer change at no additional cost.

If you have a complaint regarding a Trainer's conduct, professionalism, qualifications, safety practices or delivery of a session, you should contact Shadow Fitness World as soon as reasonably practicable. Shadow may investigate the complaint and may take appropriate action, including providing a remedy to the Client or suspending or removing the Trainer from the Platform.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that you may have under applicable Australian consumer law or other applicable law.

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8. Health, safety and assumption of risk

Exercise and physical activity involve inherent risks, including the risk of injury. By participating in a session, you acknowledge these risks and voluntarily choose to participate. You are responsible for:

  • providing accurate and relevant information to the Trainer about your health, injuries, limitations and exercise experience;

  • following reasonable instructions provided by the Trainer;

  • using appropriate equipment; and

  • ensuring that the physical space and environment in which you exercise are reasonably safe and suitable for the activities being undertaken.

Because sessions are conducted remotely, the Trainer cannot physically assist you or physically correct your technique. The Trainer will provide instructions and coaching based on what they can reasonably observe and the information you provide. You should stop exercising and seek appropriate assistance if you experience pain, dizziness, shortness of breath, chest pain or other symptoms that cause you concern.

To the extent permitted by law, the Trainer is responsible for the personal training services they provide, including their professional advice, exercise programming, instructions and conduct during sessions. Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified.

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9. Limitation of liability

To the maximum extent permitted by law, Shadow Fitness World's liability arising directly from Shadow's provision of the Platform is limited to the remedies available under these Terms and, where legally permitted, the amount paid by the Client to Shadow for the relevant service giving rise to the claim.

Shadow Fitness World is not responsible for the independent professional services provided by a Trainer, including the Trainer's exercise programming, professional advice, exercise selection, instructions or conduct, except to the extent that liability arises from Shadow Fitness World's own acts or omissions or cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or other liability that cannot lawfully be excluded, restricted or modified. Nothing in these Terms limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be limited.

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10. Non-circumvention

Clients and Trainers must not use information or relationships obtained through the Platform to arrange, request, accept or facilitate payment for personal training services outside the Platform for the purpose of avoiding Shadow Fitness World's booking or payment processes. Clients and Trainers must not encourage or assist one another to circumvent the Platform's booking, payment or subscription arrangements. Requests relating to bookings, cancellations, rescheduling, payments or Trainer changes should be directed through Shadow Fitness World.

This restriction applies during the period in which the Client and Trainer are connected through the Platform and for 12 months after their most recent booking through the Platform, to the extent permitted by law. Nothing in this clause prevents a person from engaging in lawful activities that cannot reasonably be restricted under applicable law.

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11. Intellectual property

All intellectual property contained in or associated with the Platform, including the Shadow Fitness World name, branding, logos, website content, graphics, session summary formats, systems, processes, templates and other materials developed by or for Shadow Fitness World, is owned by Shadow Fitness World or its licensors unless otherwise stated. You must not copy, reproduce, modify, distribute, publish, commercialise or otherwise use Shadow Fitness World's intellectual property without our prior written permission, except where permitted by law. Trainers retain ownership of materials they independently create, subject to any rights granted to Shadow Fitness World under their separate Trainer Agreement.

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12. Suspension and termination

Shadow Fitness World may suspend, restrict or terminate a Client's or Trainer's access to the Platform where we reasonably consider this necessary, including where there is:

  • a breach of these Terms or any applicable Trainer Agreement;

  • non-circumvention or attempted circumvention of the Platform;

  • conduct that presents a safety, legal or reputational risk;

  • failure to meet applicable qualification, insurance or other Trainer requirements;

  • misuse of the Platform;

  • abusive, threatening, fraudulent or inappropriate conduct; or

  • a failure to make required payments.

Where reasonably practicable, Shadow Fitness World will provide notice of suspension or termination and the reason for the action. Termination does not affect rights or obligations that accrued before termination, or provisions which by their nature are intended to continue after termination.

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13. Changes to these Terms

Shadow Fitness World may update these Terms from time to time to reflect changes to the Platform, our services, business practices or applicable legal requirements. Where we make material changes, we will take reasonable steps to notify Clients of the changes, including by publishing the updated Terms on the Platform. The updated Terms will apply from the date specified in the updated Terms. Your continued use of the Platform after that date constitutes acceptance of the updated Terms, to the extent permitted by law. Changes will not retrospectively alter rights or obligations that have already accrued unless permitted by law.

14. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You agree that, subject to any mandatory rights you may have under applicable law, the courts of New South Wales, Australia have jurisdiction in relation to disputes arising out of or in connection with these Terms or your use of the Platform.

15. Contact us

If you have a question, concern or complaint regarding these Terms, the Platform, a booking or a Trainer, please contact Shadow Fitness World through the Contact page at www.shadowfitnessworld.com/contact. We will consider complaints and enquiries in accordance with our applicable policies and legal obligations.

Terms and conditions

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