Participation Agreement for The Body Transformation Hub - Release of Liability, Waiver of Claims and Assumption of Risk
NAOMI TURVEY | ABN: 88 998 763 712
To our Valued Client,
This contract states the Terms and Conditions for the Client’s upcoming online Body Transformation package with The Body Transformation Hub, if you, the Client wish to proceed. Please read this contract carefully before clicking the Accept Terms and Conditions checkbox on our website. In checking this box, the Client confirms to agree with these Terms and Conditions for the duration of their training with The Body Transformation Hub.
Definitions
In this agreement:
a) The term "ATHLETIC ACTIVITY" OR "ATHLETIC ACTIVITIES" OR "TRAINING" includes but is not limited to personal training, fitness sessions, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, weight lifting, strength conditioning, metabolic conditioning, plyometric movements, interval training, bodyweight conditioning, skipping, stretching, outdoor running and training in parks, recreational areas, playgrounds, car parks, trails and sidewalks, sports programs, clinics, seminars, sports massage treatments and services provided to the member/participant by The Body Transformation Hub.
b) The term "INJURY" shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and training activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.
c) The name “THE BODY TRANSFORMATION HUB” OR “BODY BEAUTIFUL TRANSFORMATIONS” OR “BODY TRANSFORMATION HUB” OR “THE TRANSFORMATION HUB” OR “THE COACHES” shall refer to the business supplying the services attached to this website.
Waiver and Release of Liability
Express assumption of risk:
I, the undersigned, am aware that there are significant risks involved in all aspects of athletic activities, physical training and massage treatments. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
I understand that the training may involve weightlifting, strenuous bodyweight exercises and other high exertion cardiovascular activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training session. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my coach or staff member.
I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or session while at, or under direction of The Body Transformation Hub.
I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training with The Body Transformation Hub.
I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I warrant that I am physically and mentally well enough to proceed with usage of the facility.
Release
In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by The Body Transformation Hub, I, the undersigned hereby release The Body Transformation Hub, their principals, agents, employees, coaches, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I give permission for The Body Transformation Hub staff and coaches to seek emergency medical services for me should I become injured or ill, with the understanding that I am responsible for any expense incurred. If I am signing on behalf of a minor child, I also give full permission for any person connected with The Body Transformation Hub to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
Indemnification
The member/participant recognises that there is risk involved in the types of activities offered by The Body Transformation Hub. Therefore the member/participant accepts financial responsibility for any injury that the member/participant may cause either to him/herself or to any other member/participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Body Transformation Hub, their principals, agents, employees, coaches, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Body Transformation Hub.
Acceptance of Terms
By purchasing, enrolling in, accessing, or commencing any Body Transformation Hub program or service, the Client acknowledges that they have read, understood, and agree to be bound by the Terms and Conditions contained within this agreement, whether or not a physical signature has been provided. Accessing program materials, participating in coaching, or commencing the program constitutes acceptance of these Terms and Conditions.
Payment Acknowledgement
In order to commence a Body Transformation program, the Client agrees to pay the package fee full. The payment is non-refundable if the Client should cancel or cease the programme provided. If the client is honoured a weekly payment plan option of paying over the 12 week duration, the Client agrees to pay the instalments in full irrespective of whether the Client should cancel or cease the programme. If a payment plan is offered and accepted, the Client remains responsible for completing all scheduled payments regardless of participation level, program completion, or personal circumstances. Failure to complete scheduled payments may result in recovery action. By purchasing a Body Transformation Hub package, the Client acknowledges that they are purchasing access to professional coaching systems, educational materials, program resources, and structured guidance. The Client understands that results are dependent upon their own effort, consistency, and adherence to the program. Because immediate access to proprietary digital resources and coaching systems is provided upon purchase, all payments made are final. The Client agrees not to initiate payment disputes, chargebacks, or reversals for services delivered in accordance with this agreement.
Program Commencement
Access to Body Transformation Hub program materials, resources, or coaching constitutes commencement of services.
Refund Policy
All Body Transformation Hub packages are non-refundable once purchased. Due to the digital nature of the programs and the immediate allocation of coaching resources, refunds are not provided for:
• Change of mind
• Lack of participation
• Failure to complete the program
• Travel or personal circumstances
• Dissatisfaction resulting from failure to follow program instructions
By commencing the programme, the Client acknowledges that they have purchased access to professional systems, resources and coaching expertise rather than a guaranteed outcome.
Package Content
The chosen Body Transformation package content will be delivered to the Client via an online format either via the Body Transformation Hub website, in the form of PDF documents, emails and/or a link to Google Drive files. All files and programs are designed by The Body Transformation Hub professional coaches and remain the property of The Body Transformation Hub and The Alpha Hub at all times and may not be copied or distributed. The Client is expected to submit their tracking statistics and progress pictures as per package explanation. All Body Transformation Client information is kept strictly confidential at all times. Body Transformation Hub programs are structured transformation systems designed to guide clients through a proven process rather than individually customised personal training services unless explicitly stated.
Scope of Coaching Support
The Body Transformation Hub programs are structured systems designed to guide clients through the transformation process using established frameworks, resources, and educational materials. Unless specifically stated in the purchased package, continuous personalised coaching, daily communication, or unlimited feedback is not included.
Programme Structure and Customisation
The Body Transformation Hub provides professionally designed training and nutrition systems developed through extensive professional experience and industry expertise. Many programs delivered within Body Transformation Hub packages are structured systems or templates designed to produce effective results for the majority of clients when followed correctly. Unless explicitly stated otherwise in the package description, programs are not individually customised prior to commencement. Higher-level personalised coaching packages may include additional customisation and ongoing program adjustments. Where appropriate, The Body Transformation Hub coaches may provide additional guidance, modifications or adjustments during the course of the programme at their discretion and subject to availability. Such guidance is intended to support the client in implementing the provided program but does not change the fundamental structure of the program delivered.
Communication and Support
Body Transformation Hub packages include access to resources, guidance and structured program material as outlined within the purchased package. Additional communication, coaching feedback, messaging support, or extended consultation outside the scope of the package is not guaranteed and may not always be available. Where additional support, guidance or feedback is provided by The Body Transformation Hub coaches, this is offered as a goodwill service and should not be interpreted as an included component of the package unless explicitly stated. Response times may vary depending on coach availability, workload, and business operations.
Client Communication and Conduct
The Body Transformation Hub values respectful and constructive communication with all clients. If a Client has questions, concerns, or dissatisfaction regarding any aspect of their program or service, the Client agrees to communicate these matters directly with The Body Transformation Hub coaches in a respectful and professional manner so that a reasonable opportunity may be provided to address the concern. The Client agrees that all correspondence with The Body Transformation Hub, its coaches, staff, and community members will remain respectful and appropriate at all times. Aggressive, abusive, threatening, defamatory, or harassing communication may result in termination of access to services and program materials at the discretion of The Body Transformation Hub. The Body Transformation Hub reserves the right to determine what constitutes inappropriate conduct.
Live Coaching Sessions
The Body Transformation Hub may offer optional live group coaching sessions, workshops, or community discussions as part of the program experience. These sessions are offered as a supportive resource and are not guaranteed components of any package unless explicitly stated. Session times, dates, and formats may be adjusted periodically to accommodate operational requirements.
Time
The Body Transformation Hub coaches endeavour to create and deliver the Client’s package content within 7 days from program sign up. More complex package designs may require a longer planning phase. The aim of The Body Transformation Hub, is to serve their Clients in an efficient and timely manner and in turn we expect the Client to maintain regular progress communication to enable this high level of service to remain at optimum.
Programme Duration and Pauses
Body Transformation Hub programmes operate over a fixed duration as specified at the time of purchase. The programme duration continues regardless of client travel, holidays, illness, scheduling conflicts or temporary inactivity. Body Transformation Hub programmes do not include pause or suspension options unless explicitly agreed in writing by The Body Transformation Hub coaches. Where an extension or accommodation is provided, it is offered solely at the discretion of The Body Transformation Hub and should not be considered a standard entitlement.
Content
The Body Transformation Hub owns full Copyright to any and all programs and eating plans created. However the Client is free to save and use their package content at their will. The Body Transformation Hub does not guarantee that the program designed for a Client will have successful or beneficial results for anyone other than said Client. The Body Transformation Hub treats their Clients as a unique entity, and as such, requires direct contact with the person wishing to make Body and Health Transformation progress prior to supplying programs or eating plans.
Health
It is the responsibility of the client to seek medical advice from a General Practitioner before commencing any Body Transformation programs. The Body Transformation Hub will not be liable for any illness or injuries incurred by the Client.
Refusal of Service
The Body Transformation Hub and any of its staff reserve the right to refuse service to a client if it is believed necessary to do so given the information available to them. This refusal will be communicated to the client in writing as soon as it becomes apparent to the representative of The Body Transformation Hub, and payments will be cancelled immediately. Examples for refusal of service include, but are not limited to:
· Inappropriate language
· Bullying Behaviour
· Unreasonable Demands
· Social Media Defamation or Threats
Tracking
In order for The Body Transformation Hub to apply suitable progress updates to the training and eating plan programs the Client is required to submit their weekly Stat Tracker as part of their package plan. The Stat Tracker includes their weekly weight, full body measurements and progress pictures. Despite complete confidentiality of all Client data, the Client is welcome to submit their progress photographs excluding their face from the photo if they wish to do so.
Client Participation and Responsibility
The success of any Body Transformation programme is dependent on the client’s commitment, consistency and adherence to the program guidelines. The Client acknowledges that results cannot be guaranteed and depend significantly on the client’s effort, honesty, participation and consistency. Failure to follow the program, failure to submit progress tracking, or failure to maintain communication with the coaches may impact results and does not constitute grounds for refund, dispute or complaint.
Sports Massage
The Client acknowledges that The Body Transformation Hub coaches are professionally trained Sports Massage Therapists and expect courteous and respectful treatment at all times. It is the responsibility of the client to submit all health and injury information to the therapist and to seek Medical approval from a GP before commencing a treatment. The client will wear underwear at all times and behave in an appropriate manner. The therapist reserves the right to terminate or refuse treatment at anytime should they feel they are being treated inappropriately or asked for an inappropriate service. The client releases The Body Transformation Hub from any responsibility should the client incur injury from the treatment and assumes full responsibility for the risks and outcome the client exposes themselves to from this service.
Supplements
The client accepts that The Body Transformation Hub is a supplier of Australian made Sports Supplements made and manufactured by a third party and has no involvement with the production of these supplements. The client accepts they purchase and consume these supplements at their own risk as they would a physical Sports Supplement or Health Food Shop.
Commitment
Our Clients’ personal health and body shaping goals are our greatest priority and as such we endeavour to provide a high quality, professional service for the duration of the package purchased. In turn we expect our clients’ to maintain a high level of honesty and commitment throughout their Body Transformation journey.
Client Conduct
Clients agree to communicate any concerns or dissatisfaction directly with The Body Transformation Hub prior to making public complaints or online statements. Harassment, abusive communication, threatening behaviour, or defamatory conduct toward The Body Transformation Hub, its coaches, staff, or community members may result in termination of access to services and program materials at the discretion of The Body Transformation Hub.
Results Disclaimer
While The Body Transformation Hub designs programs using professional expertise intended to support body composition improvement and health outcomes, individual results may vary significantly. The Body Transformation Hub makes no guarantees regarding specific weight loss, body composition changes, or health outcomes.
Programme Structure and Client Expectations
The Client acknowledges that Body Transformation Hub programs operate through structured systems and resources designed to guide the client through the process independently.
Signing
By signing this document you will waive certain legal rights, including the right to sue. You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Act 2003. YOU ARE PARTICIPATING AT YOUR OWN RISK.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
I recognise that the coaches and staff members are not able to provide me with medical advice with regard to my fitness, and that this information is used as a guideline to the limitations of my ability to exercise. I confirm that I have read and understand the Release of Liability, Waiver of Claims & Assumption of Risk above.
Naomi Turvey and Jerry Turvey
The Body Transformation Hub Coaches