Fitness Through Motion – Informed Consent & Waiver Agreement

Version 1.1 – Effective 7 June 2025

IMPORTANT: PLEASE READ CAREFULLY BEFORE PARTICIPATING

By engaging with, enrolling in, attending, or otherwise participating in any service, session, event, course, consultation, or correspondence offered by Fitness Through Motion (hereafter referred to as “FTM”), I, the undersigned participant, client, or legal guardian, confirm that I have read, understood, and voluntarily agree to this binding, irrevocable, and comprehensive consent and waiver agreement. This document applies to all interactions and services delivered directly or indirectly by FTM, including those delivered by its founder, employees, contractors, affiliates, and any associated venue, facility, or third-party platform.

Scope of Services Covered

This agreement applies to, but is not limited to, the following:

  • In-person or online strength and conditioning coaching

  • Exercise programming, athletic development, and personal training

  • Testing and screening services (e.g., musculoskeletal, fitness, performance, or functional assessments)

  • Educational or mentorship programs

  • Course enrolment and online content delivery

  • One-on-one, group, or team consultations

  • Email coaching and performance feedback

  • Athlete onboarding and offboarding

  • Informational or motivational speaking, seminars, or workshops

  • Video, written, audio, or interactive educational content

  • Access to any space (gym, field, court, facility, or otherwise) used in the provision of FTM services

Acknowledgement of Inherent Risk

I understand and accept that participation in physical training, athletic development, coaching services, and related educational programs inherently involves physical, mental, and environmental risk. These may include, but are not limited to:

  • Muscular strains, sprains, tears, dislocations, or inflammation

  • Ligament and tendon injuries

  • Fractures, concussions, traumatic brain injuries, or spinal damage

  • Cardiac events, such as arrhythmia, heart attack, or sudden cardiac arrest

  • Respiratory complications, allergic reactions, or asthma episodes

  • Dehydration, overexertion, electrolyte imbalance, or heat stroke

  • Chronic overuse injuries (e.g., tendinopathy, stress fractures)

  • Exacerbation of undiagnosed or undisclosed health conditions

  • Psychological or emotional stress related to performance preparation

  • Slips, trips, falls, or contact-related injuries

  • In rare cases, permanent disability or death

I voluntarily assume all risks, whether known or unknown, associated with my participation. I acknowledge that while all reasonable measures will be taken to ensure safety, complete risk elimination is not possible.

Medical Disclosure and Emergency Consent

I confirm that I have disclosed all known medical conditions, injuries, surgeries, allergies, medications, and any other information relevant to my ability to safely participate in FTM services. I accept that failure to disclose such information may increase my personal risk and hold FTM harmless from any resulting complications.

I authorise FTM staff and representatives to provide first aid, contact emergency services, or arrange hospital care on my behalf in the case of a medical emergency. I accept full financial responsibility for any associated medical treatment, including ambulance services, and waive any claim resulting from emergency decisions made in good faith.

Voluntary Participation and Refund Terms

I understand that participation in FTM services is entirely voluntary. I may withdraw from services at any time, with the understanding that:

  • Fees are non-refundable once services have commenced or any component of programming has been delivered.

  • Refunds for missed or cancelled sessions are not guaranteed unless explicitly agreed to in writing.

  • Refunds will only be provided as required under Australian Consumer Law.

I agree to comply with all instructions, safety protocols, and directions provided by FTM staff, and acknowledge that failure to do so may result in injury or program removal without refund.

Data Privacy and Use of Personal Information

I consent to the collection and storage of my personal information, including health and performance data, in accordance with the Privacy Act 1988 (Cth). This may include contact details, attendance records, session notes, and physical performance metrics. This data will be used solely for coaching, programming, internal review, or safety purposes and will not be disclosed without my written consent unless required by law.

Unless I notify FTM in writing, I also consent to the use of any photography, video footage, or testimonials taken during FTM services for the purposes of marketing, education, or promotion across digital or print platforms affiliated with FTM.

Waiver of Liability and Indemnity

To the maximum extent permitted by law, I hereby release and discharge FTM, its founder, coaches, employees, agents, successors, and partners from any and all liability, claims, damages, losses, costs, or causes of action arising out of:

  • My participation in FTM services or related activities

  • Use of equipment or facilities (owned or third-party)

  • Remote or in-person coaching, assessments, or consultations

  • Travel to or from sessions, events, or facilities

  • Acts of negligence by FTM staff, contractors, or affiliates

I further agree to indemnify and hold harmless FTM from any third-party claims arising as a result of my actions, omissions, or failure to follow safety guidelines during the course of participation.

Intellectual Property and Confidentiality

All training programs, templates, videos, presentations, educational materials, and proprietary systems provided by FTM remain the sole intellectual property of FTM. I agree not to copy, distribute, share, or commercially exploit any of this content without prior written permission.

Conduct and Dismissal Policy

FTM reserves the right to remove any client from a session, program, or service if they display aggressive, inappropriate, disrespectful, or unsafe behaviour, or if their actions jeopardise the safety, integrity, or experience of others. No refunds will be issued in the event of such dismissal.

Disclaimer of Guarantee

I acknowledge that individual results may vary, and that FTM does not guarantee specific outcomes in terms of performance, appearance, weight, recovery, or competitive success. Results depend on a wide range of personal factors including effort, compliance, genetics, injury status, and lifestyle.

Jurisdiction and Severability

This agreement is governed by the laws of the State of Queensland and the Commonwealth of Australia. Any disputes shall be resolved within this jurisdiction.

If any clause in this agreement is held to be unenforceable, all remaining clauses shall remain in full effect.

Acknowledgement and Acceptance

By checking the acknowledgement box, signing below, or proceeding with participation, I confirm that:

  • I have read and understood this document in full

  • I accept and assume all associated risks

  • I voluntarily agree to be bound by all terms and conditions outlined above

  • I am 18 years of age or older, or have the legal consent of a parent or guardian

  • If signing on behalf of a minor, I confirm that I am the parent or legal guardian and accept this agreement in full on their behalf