1. DEFINITIONS
In this Agreement, unless the context otherwise requires:
"Fitness Activities" means all group fitness classes and related activities, including but not limited to, aerobic exercises, strength training, flexibility exercises, high-intensity interval training (HIIT), online programs and other physical exercises provided by the Trainer.
"Services" means all fitness-related services provided by the Trainer under this Agreement, which may include, but are not limited to:
"Group Fitness Classes": Scheduled sessions where multiple clients participate together under the Trainer’s guidance, focusing on various fitness disciplines.
"Fitness Guidance": Recommendations and advice given by the Trainer based on the Client’s general fitness level and goals, which may include exercise routines and modifications.
"Educational Content": Information provided by the Trainer, including but not limited to, tips on exercise techniques, general wellness, and health advice, intended for educational purposes only.
"Fitness Assessments": Evaluations conducted by the Trainer to assess the Client’s fitness level, which may include physical tests or measurements.
"Virtual Fitness Sessions": Fitness classes or guidance provided via digital platforms such as video calls or online training programs.
"Special Events": Occasional fitness-related activities, cold exposure, breath work sessions, workshops or seminars organised by the Trainer that may be outside the scope of regular group fitness classes.
"Client" means the person or entity engaging the Trainer for the Services, who participates in the Fitness Activities and/or Services and agrees to the terms and conditions set out in this Agreement.
“‘Balanced Health Method’, ‘Kirsti King’, ‘we’, ‘our’, or ‘us’” means the individual or entity providing the Fitness Activities and Services as defined in this Agreement.
1.1 - These terms apply to the Balanced Health Method mobile or digital application (App), the website at www.balancedhealthmethod.com and associated fitness and nutrition services and products provided through them (Fitness Products and/or Services), which are owned by Kirsti King ABN 21 375 408 611 (‘Balanced Health Method’, ‘Kirsti King’, ‘we’, ‘our’, or ‘us’).
1.2 - Balanced Health Method offers a variety of Fitness Products and Services which are promoted via the Website and App.
1.3 - Balanced Health Method does not offer individually tailored exercise, fitness or nutrition advice.
1.4 - Fitness Products and Services purchased through the Balanced Health Method website or app are subject to these Terms and Conditions.
1.5 - The Balanced Health Method programs are generic programs based on the goals for fitness or weight loss which you indicate to us via the App. They are general guides to fitness and weight loss management and we do not provide individually tailored nutrition or exercise advice. The programs do not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.
1.6 - Before starting any exercise or weight loss or reduction program including those supplied by Balanced Health Method, you should make sure that you are not underweight, that you are physically able to participate in any program part of a Fitness Product and/or Service and you must seek advice from your medical practitioner before starting a program.
1.7 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program.
1.8 - Balanced Health Method does not guarantee any particular outcome as a result of your participation in or use of any Fitness Products or Services.
2. WAIVER OF LIABILITY
2.1 Acknowledgment of Risk
The Client acknowledges and understands that participation in Fitness Activities and Services involves inherent risks and dangers, including but not limited to physical injury, disability, or even death. The Client understands that we will make reasonable efforts to minimise these risks but cannot guarantee their elimination.
2.2 Cold Exposure Activities
The Client acknowledges and understands that participation in cold exposure activities, such as cold baths, ice baths, or cold showers, involves inherent risks, including but not limited to, hypothermia, frostbite, or other cold-related injuries. The Client agrees that they are voluntarily participating in these activities and assumes all risks associated with them.
2.3 Breathwork Activities
The Client acknowledges and understands that participation in breathwork exercises, including but not limited to, controlled breathing techniques, hyperventilation, or other advanced breathing practices, involves inherent risks, including but not limited to, lightheadedness, dizziness, or changes in mental state. The Client agrees that they are voluntarily participating in these activities and assumes all risks associated with them.
2.4 Release and Waiver
The Client, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby releases, waives, and discharges Balanced Health Method from any and all liability for any loss, damage, injury, or death that may be sustained by the Client as a result of participating in the Fitness Activities or Services, whether caused by negligence of us or otherwise.
2.5 Indemnity
The Client agrees to indemnify and hold harmless Balanced Health Method from any claims, demands, or causes of action arising out of or related to the Client's participation in the Fitness Activities or Services provided by us.
2.6 Outdoor Fitness Session Clause: Elements and Weather
- Severe Weather Conditions:
In the event of severe weather conditions, including but not limited to heavy rain, hail, or extreme temperatures that render it unsafe to conduct outdoor fitness activities, payments for sessions affected by these conditions will be paused. This pause will apply if such weather persists for more than one consecutive day and will remain in effect until it is deemed safe to resume outdoor sessions. - Manageable Weather Conditions:
If the weather conditions are deemed manageable, such as clear skies, mild rain, or moderate temperatures, sessions will proceed as scheduled. Payments will continue as usual under these conditions. - Determination of Safety:
The fitness provider will assess weather conditions to ensure safety and will make decisions based on current and forecasted weather patterns. Participants will be notified promptly of any changes to the schedule due to weather conditions. - Participant Responsibility:
Participants are encouraged to monitor weather conditions and dress appropriately for the elements. The fitness provider is not responsible for individual safety concerns related to personal equipment or attire.
3. MEDICAL DISCLOSURE
3.1 Medical Condition
The Client warrants that they are in good physical health and have no medical conditions that would preclude them from participating in the Fitness Activities and/or Services. The Client agrees to consult with a physician before engaging in any Fitness Activities and/or Services if they have any concerns about their health.
3.2 Disclosure
The Client agrees to promptly disclose any changes in their health status that may affect their ability to participate in the Fitness Activities and/or Services.
4. PAYMENT TERMS AND CONDITIONS
4.1 - Customers must be at least 18 years old in order to register an Account, use or access a Fitness Product and/or Services.
4.2 - Purchase of a Fitness Product and/or Services is for you as a single user only. You may not authorise third parties to use any Fitness Product, or other product or service supplied by us to you via your Account.
4.3 - Upon purchase of an e-book or program you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.
4.4 - On registration for a program, Balanced Health Method grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.
4.5 - Customers must pay for all Fitness Products and Services and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal in the Website.
4.6 - Unless otherwise specified, you must pay for all Fitness Products and/or Services at the time of purchase using the payment facility or any other third party payment gateway that is offered via the App (in app purchase) In app purchases are processed securely via our third party payment gateway providers. You must refer to their terms for additional information.
4.7 - The 7-day Trial is available to new customers and users who have not previously been members. Existing or former members are not eligible. At the end of the Trial, you will be asked to purchase a Membership, using the payment facility provided, in order to continue accessing the Fitness Products and/or Services. If you do not purchase a membership, you will be unable to continue using the Fitness Products and/or Services. The Trial is limited to one Trial per Customer and cannot be transferred, repeated, or extended.
4.8 - After purchasing a subscription, you will be granted 12 weeks access period, which commences on the Program start date or your date of purchase (whichever is earlier) and ends on the end date that is selected by you at the time of your purchase. You will be committed to a 12 week minimum contract
4.9 - At no time will the Access Period be extended unless you purchase extended access, or after purchasing the program, you discover a physical or medical condition (including pregnancy) that prevents your participation in that program.
4.10 - In the event that you are diagnosed with a medical condition (including pregnancy) and can no longer participate in Fitness Products and/or Services, you must submit evidence of that condition to us at info@balancedhealthmethod.com. We will provide you with either (at our election) a refund or a credit for the portion you are unable to complete if applicable. We reserve our rights to refuse any changes, refunds or credits unless you have submitted evidence of your condition to us as soon as you find out that you are unable to.
4.11 - No other refunds are available in respect of Fitness Products or Services, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.
5. TERM AND TERMINATION
5.1 Agreement Term
This Agreement commences on the date first written above and continues until terminated by either party in accordance with the provisions of this Agreement.
5.2 Termination
Either party may terminate this Agreement by providing 28 days' written notice to the other party at info@balancedhealthmethod.com. In the event of termination, the Client is liable for any outstanding fees up to the date of minimum term termination.
6. GENERAL PROVISIONS
6.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
6.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
6.3 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
6.4 Amendments
No amendment to this Agreement shall be valid unless made in writing and signed by both parties.
7. EDUCATIONAL CONTENT AND CONSULTATION
7.1 Educational Purpose
The Client acknowledges that any educational content provided by us including but not limited to, information about nutrition, exercise techniques, health tips, and general wellness advice, is intended solely for educational purposes. This content is not a substitute for professional advice and should not be relied upon as such.
7.2 Consultation with Professionals
The Client agrees to seek advice from qualified healthcare professionals, such as a dietitian or medical doctor, for any specialised or personalised recommendations related to their diet, nutrition, or health. We are not a licensed dietitian or medical professional, and the educational content provided does not constitute medical or dietary advice tailored to the Client’s individual needs.
7.3 No Guarantee of Results
The Client understands that Balanced Health Method makes no guarantees regarding the outcomes or results of following any educational content or recommendations provided. The Client’s health and fitness results may vary, and it is the Client’s responsibility to consult with appropriate professionals to ensure that any actions taken are suitable for their personal health situation.
8. TESTIMONIALS AND USE OF CLIENT IMAGES
8.1 Consent to Use Testimonials
The Client agrees that the Trainer may use testimonials, reviews, and feedback provided by the Client for promotional purposes, including but not limited to, marketing materials, social media posts, and the Trainer’s website. This consent is given with the understanding that such use will be in accordance with applicable privacy laws.
8.2 Consent to Use Client Images
The Client agrees that the Trainer may use photographs, videos, or other media that include the Client's likeness, captured during the Fitness Activities and/or Services, for promotional purposes. This includes use on the Trainer’s website, social media accounts, and other marketing materials. The Client grants permission for such use without any additional compensation.
8.3 Right to Withdraw Consent
The Client may withdraw their consent for the use of their testimonials and/or images at any time by providing written notice to the Trainer. Upon receipt of such notice, the Trainer will cease to use the Client’s testimonials and/or images in future promotional materials but will not be obligated to remove previously published materials.
9. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
9.1 Confidentiality
Balanced Health Method agrees not to disclose any personal information pertaining to the Client without the Client’s written consent. However, please be advised that the Balanced Health Method-Client relationship does not enjoy legal confidentiality protections akin to those in doctor-patient or attorney-client relationships. Consequently, we may be required to disclose otherwise confidential information to authorities if mandated by law.
9.2 Data Security
The Balanced Health Method operates using secure data networks that are protected by industry-standard firewall and password protection systems. Our security and privacy policies are reviewed and updated periodically to ensure their effectiveness. Access to Client information is restricted to authorised individuals only.
9.3 Client Risk and Waiver
The Client acknowledges that any confidential information shared during the Fitness Products and/or Services is done at their own risk. We are not liable for any loss or damage resulting from the sharing of such information. Furthermore, we under no obligation to protect confidential information shared with other program participants.
9.4 Intellectual Property
All intellectual property rights in the materials and processes used to provide the Fitness Products and/or Services, including but not limited to, documents, exercise routines, and methodologies, are owned by the Balanced Health Method. The Client is permitted to use these materials and processes solely for their personal benefit in relation to the Fitness products and/or Services provided. The Client shall not use these materials or processes for any other purpose, including commercial purposes or distribution to third parties.
9.5 Non-Infringement
The Client agrees not to infringe upon the intellectual property rights of the Balanced Health Method, other program participants, or any third parties. This includes respecting copyrights, patents, trademarks, trade secrets, and other proprietary rights related to the materials and processes used in the Fitness Products and/or Services.
10. ACKNOWLEDGMENTS
I acknowledge that I have read and fully understand the terms of this waiver of liability, assumption of risk, and indemnity agreement. I understand that by signing this document, I am relinquishing substantial rights, including my right to file a lawsuit. I am signing this agreement freely and voluntarily, with the intent to provide a complete and unconditional release of all liability to the fullest extent permitted by law.
WAIVER OF LIABILITY
Acknowledgment of Risk
The Client acknowledges and understands that participation in Fitness Activities and Services involves inherent risks and dangers, including but not limited to physical injury, disability, or even death. The Client understands that we will make reasonable efforts to minimise these risks but cannot guarantee their elimination.
This waiver and release of liability covers, without limitation, injuries that may result from:
(a) Malfunctioning or broken exercise equipment or facilities.
(b) Poor maintenance of exercise equipment, premises, or facilities.
(c) Slipping, tripping, or falling on any premises or while traveling to or from Fitness Products and/or Services, including injuries resulting from negligent inspection or maintenance of the facility or premises.
Cold Exposure Activities
The Client acknowledges and understands that participation in cold exposure activities, such as cold baths, ice baths, or cold showers, involves inherent risks, including but not limited to, hypothermia, frostbite, or other cold-related injuries. The Client agrees that they are voluntarily participating in these activities and assumes all risks associated with them.
Breathwork Activities
The Client acknowledges and understands that participation in breathwork exercises, including but not limited to, controlled breathing techniques, hyperventilation, or other advanced breathing practices, involves inherent risks, including but not limited to, lightheadedness, dizziness, or changes in mental state. The Client agrees that they are voluntarily participating in these activities and assumes all risks associated with them.
Weather-Related Cancellation Clause
In the event that severe weather conditions, such as heavy rain, hail, or other extreme weather that renders it unsafe to conduct fitness activities, prevent the carrying out of in-person sessions for more than one consecutive day, payments for the affected sessions will be paused. This pause will remain in effect until in-person sessions can safely resume.
However, if weather conditions are manageable (e.g., sunshine or light rain) and it is deemed safe to conduct the sessions, classes will proceed as scheduled, and payments will continue as usual.
The determination of whether weather conditions are deemed unsafe or manageable will be made by the fitness provider, who will notify participants of any changes to the schedule as soon as possible.
Release and Waiver
The Client, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby releases, waives, and discharges Balanced Health Method from any and all liability for any loss, damage, injury, or death that may be sustained by the Client as a result of participating in the Fitness Activities or Services, whether caused by negligence of us or otherwise.
Indemnity
The Client agrees to indemnify and hold harmless Balanced Health Method from any claims, demands, or causes of action arising out of or related to the Client's participation in the Fitness Activities or Services provided by us.
Balanced Health Method Fitness Products and Services
As registered health professionals, we see to it that Balanced Health Method activities are carried out safely and correctly.
However, we cannot assess the health risks particular to individual participants.
Participants are notified about the health risks in advance via a written statement. If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program. These can include but not limited to heart conditions, existing/old injuries, mental health conditions, epilepsy, serious asthma, recently performed surgery, migraines, hypertension, auto immune diseases.
We point to their personal responsibility, and advise to consult their personal physician should the medical questionnaire prompt any potential issues.
It is ultimately up to the participant to determine whether they are fit to take part.
PERSONAL LIABILITY STATEMENT
"I hereby declare that I participate in Balanced Health Method Fitness Products and/or Services entirely at my own risk, I have not been coerced into doing this and this is my individual choice. I shall not hold Kirsti Jones-Healy (Kirsti King, Balanced Health Method) or employees liable for any damages and/or injury resulting from my participation in any Fitness Product or Services provided by Balanced Health Method”
HEALTH DECLARATION
"I hereby declare that I have been adequately informed about the particulars of the Fitness Products and/or Services beforehand, and that I am in good physical and mental condition. I shall not hold Kirsti Jones-Healy (Kirsti King, Balanced Health Method) or employees liable for any damages and/or injury resulting from participation in any Fitness Product or Services provided by Balanced Health Method. My participation is entirely at my own risk".
PRIVACY POLICY
Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and App and participation in and use of Fitness Activties, Services or Wellness Products.
Balanced Health Method conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Balanced Health Method goods and services and conducting its business and other purposes stated in its Privacy Policy.
If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.
We may use SMS and/or email to communicate with you. From time to time, we may send you information about Balanced Health Method by post, email, telephone call or SMS.
If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use of the App or participation in a Wellness Product.
Customers acknowledge and agree that Balanced Health Method excludes all liability to Customers to the maximum extent permitted by law including the ACL contained in the CCA.
All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
(a) negligence or fault of Customers;
(b) the acts or omissions of a third party unconnected with the provision of goods or services by Balanced Health Method;
(c) any defect in or complaint about the availability of a Wellness Product;
(d) delays in the functionality of, or inability to access the Website, App, Retreat or Experience (and to this end Balanced Health Method does not guarantee or warrant that the Website, App,
Retreat or Experience will be uninterrupted or error fee); and
(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.
We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown within any Wellness Program.
Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
Balanced Health Method will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website, App or other goods or services provided in connection with or referable to the Website and any Wellness Product.
Customers agree to indemnify and hold Balanced Health Method and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
(a) a Customer’s use of the App or participation in programs, retreats or experiences;
(b) use of products purchased through the Website or App;
(c) a Customer’s breach of these terms and conditions;
(d) our use of your Customer Content;
(e) a Customer’s breach of duty of care, or negligence towards another Customer; or
(f) a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.
By purchasing any Wellness Product you acknowledge and agree that:
(a) you have read and understood these terms and conditions and agree to be bound by them;
(b) you are responsible for all costs incurred by you with respect to your usage of the Wellness Products
(c) you give permission for Balanced Health Method to disclose your personal information in accordance with these terms and conditions and our Privacy Policy; and
(d) you consent to receiving any communications from us as outlined above however you may opt out at any time.