Terms and Conditions
The Customer acknowledges and agrees that by participating in any fitness training with The Kelly Fit that the Customer is doing so at their own risk. The Customer hereby represents to The Kelly Fit that they are physically capable of, and there is no medical reason to prevent the Customer from proceeding with the yoga lessons.
The Customer further acknowledges that they will not hold The Kelly Fit responsible for and The Kelly Fit hereby excludes to the extent permitted by law, all liability for any personal injury or damage, or loss of property (whether direct, indirect, special or consequential) suffered by the Customer or the Customer’s guest while exercising, however that injury, damage or loss is caused including if it is caused by the negligence of The Kelly Fit.
The Customer acknowledges that except as provided for in this document that The Kelly Fit gives no warranties in respect to the facilities and equipment it provides.
Terms and Conditions of Trade
1. Goods/Services
1.1 The Goods/Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Instructor to the Customer.
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by the Instructor to the Customer in respect of the Goods/Services supplied.
2.2 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated, then payment will be due seven (7) days following the date of the invoice.
3. Default & Consequences of Default
3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Instructor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.2 If the Customer owes the Instructor any money, the Customer shall indemnify the Instructor from and against all costs and disbursements incurred and/or which would be incurred and/or for which by the Customer would be liable in regard to legal costs on a solicitor and own Customer basis, internal administration fees, the Instructor’s contract fees owing for breach of these terms and conditions, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
4. Privacy Act 2020
4.1 Both parties agree to comply with the principals of the Privacy Act 2020 (including, but not limited to, the processing and storing of Personal Information and the use of Cookies when making enquiries via the Instructor’s website).
4.2 The Customer authorises the Instructor or the Instructor’s agent to collect, use, store and disclose personal information about the Customer for the following purposes:
(a)The provision of Goods/Services.
(b)Analysing and verifying the Customer’s payment behaviour and credit worthiness.
(c)Enabling the collection of amounts outstanding in relation to the Goods/Services.
(d)Obtaining a credit report, debt collection or notification of a default by the Customer.
(e)Marketing products and services to the Customer.
