Terms & Conditions

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1. Definitions

• "Services" means any of the following provided by OGD: Face-to-Face Training, Private Studio Training, Online Coaching, and Digital Programs, as described in clause 2.

• "Face-to-Face Training" means personal training sessions delivered in person at a commercial gym.

• "Private Studio Training" means personal training sessions delivered in person at OGD's private studio (a converted garage gym).

• "Online Coaching" means remote coaching services, including a training program built around your individual goals, equipment and circumstances, delivered and communicated electronically.

• "Digital Programs" means the pre-built, non-personalised training programs sold by OGD Personal Training as a one-off purchase through our program delivery platform (currently Kahuna).

• "Platform" means the third-party software (currently Kahuna) used to host, deliver and process payment for Digital Programs.

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2. Our Services

OGD provides the following services:

Face-to-Face Training

In-person personal training sessions delivered at a commercial gym. You will need your own gym access/membership where applicable to that venue, unless otherwise agreed. These sessions are also subject to that venue's own rules, terms and insurance arrangements.

Private Studio Training

In-person personal training sessions delivered at OGD's private studio. Clause 6 sets out additional terms specific to this location.

Online Coaching

A training program tailored to your goals, experience, and available equipment, delivered remotely along with ongoing check-ins and support as agreed with your coach.

Digital Programs

Structured, non-personalised training programs (currently offered as a dumbbell-only program and a commercial-gym program, each available in 3-, 4-or 5-day split options) purchased as a one-off through the Platform. Digital Programs are general in nature and are not adapted to your individual circumstances.

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3. Eligibility and Health Disclosure

Clients under the age of 18 may only use our Services with the consent of a parent or legal guardian, who must also agree to these Terms on the client's behalf and remains responsible for the client's compliance with them.

Before starting any Service, you (or, for a client under 18, their parent or guardian) must disclose to OGD any medical conditions, injuries, impairments or other circumstances that may affect the client's ability to safely participate in exercise and must keep OGD informed if those circumstances change. Where appropriate, OGD may require written clearance from a medical professional before a Service begins or continues.

Nothing provided by OGD, including advice, programming, or content within a Digital Program, constitutes medical advice. You should consult a qualified healthcare professional before beginning any new exercise program, particularly if you have any pre-existing medical condition, injury or concern.

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4. Risk Warning and Assumption of Risk

This clause is a risk warning for the purposes of the Civil Liability Act 2002 (NSW) and sets out important information about your legal rights. Please read it carefully before commencing any Service.

You acknowledge that exercise and physical training carry inherent risks, including but not limited to muscle strain, joint injury, overexertion, fainting, cardiac events and, in rare cases, permanent injury or death. Some activities that may form part of a Service could be a "dangerous recreational activity" as that term is used in the Civil Liability Act 2002 (NSW). You voluntarily assume these risks by participating in any Service.

You are responsible for exercising within your own physical limits and using correct technique, and for stopping immediately and seeking medical attention if you experience pain, dizziness, or discomfort during any session or program. For Online Coaching and Digital Programs in particular, you acknowledge that OGD is not present to supervise your technique or environment in real time, and that you are responsible for the safety of your training space and equipment.

To the extent permitted by law, including under section 5N of the Civil Liability Act 2002 (NSW), you agree that OGD excludes all liability (including liability arising from OGD's negligence) for personal injury, loss or damage arising from or in connection with your participation in a Service. This exclusion does not apply to liability that cannot be excluded under the Australian Consumer Law or any other applicable law, including liability for death or personal injury caused by negligence where the law does not permit that liability to be excluded.

Before your first Service, you will be asked to confirm (for example, by ticking a box at booking or signing a form) that you have read, understood and accept this risk warning and the other Terms.

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5. Face-to-Face and Private Studio Sessions

Bookings, cancellations and rescheduling

At least 24 hours' notice is required to cancel or reschedule a session without charge. If you cancel with less than 24 hours' notice, or do not attend a scheduled session, you will be charged the full session fee.

Late arrival

If you arrive late, your session will still end at the scheduled time and will not be extended.

Payment

Sessions may be paid for individually or in advance, as agreed with your coach. Payment is required prior to the commencement of each session. Accepted payment methods will be confirmed with you directly.

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6. Private Studio - Additional Terms

OGD will take reasonable care to maintain a safe training environment but cannot guarantee the premises are free of all risk, and clause 4 (Risk Warning and Assumption of Risk) applies equally to sessions at the private studio.

 

7. Online Coaching — Additional Terms

Before your program begins, you will complete an initial consultation call so OGD can understand your goals, experience, and the equipment and resources available to you. Online Coaching is built around this information, so its accuracy directly affects the quality of your program — you agree to provide honest and complete information and to update your coach if your circumstances (including equipment access, injuries or goals) change.

Online Coaching includes periodic check-in forms, video check-ins, and adjustments to your plan based on your progress. OGD aims to respond to client messages within 1-2 business days.

Results from Online Coaching are not guaranteed and depend on factors outside OGD's control, including your effort, consistency, nutrition, sleep and individual physiology.

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8. Digital Programs

Digital Programs are sold as a one-time purchase through the Platform. Unless required otherwise by law, Digital Programs are non-refundable once purchase is complete and access has been granted, as they are digital products delivered immediately on purchase.

Digital Programs are licensed to you for your own personal, non-commercial use only. You must not copy, share, resell, distribute or publish any part of a Digital Program.

Digital Programs are general in nature, are not personalised to you, and do not consider your individual injuries, conditions or limitations. You are responsible for adapting exercises where needed and for seeking your coach's or a medical professional's guidance if unsure whether an exercise is appropriate for you.

Payment for Digital Programs is processed by the Platform (currently Kahuna). By purchasing a Digital Program, you also agree to the Platform's own applicable terms and conditions, which separately govern checkout and payment processing. OGD is not responsible for the security or performance of the Platform's payment processing, and any payment-specific issues (e.g. failed transactions, receipts) may need to be raised with the Platform provider as well as with us.

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9. Intellectual Property

All programs, session content, written materials, and branding provided by OGD Personal Training — whether delivered face-to-face, online, or as a Digital Program — remain the intellectual property of OGD Personal Training. Purchasing a program or engaging a Service grants you a personal licence to use that material; it does not transfer ownership or any right to reproduce, resell or share it with others.

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10. Photos and Media

OGD may take photos or videos during sessions for use in social media or marketing. We will seek your consent before using any photo or video that identifies you, and you may withdraw that consent at any time by notifying us in writing.

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11. Privacy

Any personal information you provide to OGD Personal Training (including health information disclosed under clause 3) will be handled in accordance with our Privacy Policy.

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12. Limitation of Liability

OGD maintains appropriate insurance arrangements for the delivery of its Services. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law or other applicable law, including liability for death or personal injury caused by negligence, or for a breach of a consumer guarantee that cannot be excluded.

To the extent permitted by law, OGD's liability for any loss or damage arising from or in connection with the Services is limited to the amount you paid for the specific Service giving rise to the claim, except where that loss arises from OGD's gross negligence or wilful misconduct.

To the extent permitted by law, OGD is not liable for any indirect or consequential loss, including loss of income, loss of opportunity or loss of enjoyment, arising from or in connection with the Services.

OGD is not liable for any injury, loss or damage arising from your failure to disclose a relevant medical condition, your failure to follow instructions or use correct technique, or your use of a Digital Program or Online Coaching program outside of OGD's direct supervision.

13. Indemnity

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You agree to indemnify OGD against any loss, cost, damage or liability incurred by OGD as a result of your breach of these Terms, your provision of false or misleading health information, or your failure to follow reasonable safety instructions.

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14. Termination

Either party may end an ongoing coaching arrangement (Online Coaching, or a recurring Face-to-Face/Private Studio arrangement) by giving the other at least 7 days' written notice. OGD may also suspend or end a Service immediately if you breach these Terms, act unsafely, or engage in abusive conduct toward OGD or others.

Ending an arrangement does not entitle you to a refund for sessions already delivered or Digital Programs already purchased, except as required by law.

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15. Changes to These Terms

OGD may update these Terms from time to time, including to reflect new services. Where changes are significant, we will take reasonable steps to notify current clients. Continued use of our Services after an update constitutes acceptance of the revised Terms.

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16. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

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17. Contact Us

If you have any questions about these Terms, please contact us at oderome@icloud.com

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