training waiver and release of liability

ACCIDENT WAIVER AND RELEASE OF LIABILITY

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH FITSTOP, both in location & when completing programs at home, including by way of example and not limitation, any risk that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit and enter Fitstop, or complete fitstop programs at home, at my own risk. I also grant Fitstop permission to use my likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I understand that the training may involve weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to, and it is my right to refuse such participance at any time during training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give Fitstop and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding I am responsible for any expenses incurred.

I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against FITSTOP, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by FITSTOP, both in location & when completing programs at home, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, personal injury to, any third party, resulting from my participation in any program, activity or service provided by Releasees.

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. If I am signing on behalf of a minor child, I also give full permission for any person connected with FITSTOP 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.

MEMBERSHIP TERMS & CONDITIONS
Once your first payment is debit, standard membership terms and conditions apply;

Suspensions: A suspension can be applied with a minimum of 2 weeks in duration and up to a maximum of 6 weeks per calendar year. You must have an active status for a suspension to be processed i.e. not within in your cancellation notice period and not in arrears. One week’s notice must be provided in writing for a suspension to be applied and we cannot back date suspensions If you require a suspension due to medical reasons, a medical certificate can be provided via email to your location advising the duration of suspension needed. This will not be deducted from the above 6 week maximum per calendar year

Children: Please be aware that while we have a designated area for our members to bring their children along while they workout it is not a creche. If you choose to bring your child/children into Fitstop you are taking full responsibility for their safety and wellbeing. Fitstop Locations take no responsibility for safety of any children on the premises

Location Transfer: As each location is individually owned and operated, you cannot transfer your membership to another location. To move locations, you would cancel your membership as per the standard cancellation terms and then once your 30days notice is complete, join at the new location. Please note, if you are moving to a new location who is selling foundation memberships, you will not be eligible for the discounted rate as you are an existing member of Fitstop.

Under 18 Membership: The minimum age for a person to join Fitstop is 16years of age and must have the approval of their parent/guardian by way of the Fitstop Waiver being signed by the parent/guardian, granting permission for the under 18 to train. This is the same sign up process as normal, via the Fitstop app.

Training at other locations: If you are visiting another location for 1 week or more, you would suspend your membership at your location, have them email the location you will be training at to let them know you will be visiting and then pay your membership dues via cash or card to the location you are visiting. One off session’s at other locations will be charged at the discounted casual rate of $20 per session. 

Membership FeesMembership fees are always debited on a weekly basis and there are two different Memberships; 
Foundation Membership - $39 per week Fitstop Group Training (standard) Membership - $49 per week 
You only have one membership option available online at a time (available in the app). i.e initially the Foundation Membership, and then once you sell out, you can manually change the setting to the Fitstop Group Training Membership. 
Direct DebitsMembership fees are debited on a weekly basis as a non-negotiable, across the network and all locations are required to use Debit Success as the direct debit company. 
Membership Terminology
Admin Fee - Debit Success will automatically deduct a $12 Admin Fee from the first direct debit payment to cover their administration costsWeekly Membership Fees - this is every payment post the EF being debitedMember Singlet -  To provide a great member experience we gift our new members with a Welcome ‘Member Singlet’ when they join our Fitstop Family 
Under 18 Membership The minimum age for a person to join Fitstop is 16years of age and must have the approval of their parent/guardian by way of the Fitstop App waiver being signed by the parent/guardian, granting permission for the under 18 to train. This is the same sign up process as normal, via the Fitstop app. 
Waiver
A waiver must always be completed before anyone trains in your facility to release you of liability and ensure you are covered by insurance should any client injure themselves on your premises. This includes trials, friends, and of course all members. 
The waiver outlinesRelease of liabilityTerms and Conditions- Suspensions, Cancellations and Kiddie ZoneSignature field for the member and/or the for the Parent or Guardian to sign if the member is under the age of 18 
The waiver is via the Fitstop app and is an aspect of setting up their ‘client profile’. You can also ensure the settings in your PTM are set to prompt them to complete the waiver upon their next login if you are not sure that your location has all members waivers on file.

CancellationsOnce a cancellation request has been submitted the membership will remain active until the week following the 4th debited payment. 
You must have an ‘Active’ status for a cancellation to be applied i.e not on a suspension and not in arrears. 
Cancellation requests must be submitted in writing via email or via the website Cancellation Request Tab. 
If for instance, a member is on suspension and then requests to cancel, you would remove the suspension (reactivate the skipped payments) and then process the cancellation request. A medical Cancellation would be where a medical certificate is provided outlining that the member can no longer participate in physical exercise indefinitely which would result in an immediate cancellation. We do not backdate cancellations.
If a medical certificate is provided outlining that the member can no longer participate in physical activity the membership will be terminated effective immediately. *If this occurs, you need to add 1 more sale to your EOM target to account for this immediate loss that was not forecasted. How to process a cancellation request Search the members name in PTMinder and check the members account is up to date - they don’t owe us $ and are not on suspensionUnder ‘Info’ click on ‘Client Status’ and select ‘Inactive’ Click the checkbox that states ‘Select a future inactive date..’ and select the date of Thursday after 4 payments have been debited (30days notice), must be Thursday to avoid an additional payment being debited on Friday. Send the member a confirmation email 
Cancellation during a Launch or 1st week of operations, prior to their first payment being debited
The member can sign up to secure the foundation rate, train for the first week and if they decide before their first payment is debited that Fitstop isn’t for them, they will be cancelled effective immediately. As per standard policy, the request must still be submitted in writing and again, must be prior to their first payment being debited. 
This is a great fallback (last resort) to mention to overcome the objection of wanting to ‘try before they buy’. It is important to be clear that they must email you by a specific day and time if they do not want to proceed to allow you time to action the request. We suggest advising Thursday 3pm as the cut off to enable you time to action the request within business hours and to avoid emails coming through at 9pm that may be missed which would result in a payment being debited etc. 
Once the first debit is debited (the EF), standard membership terms and conditions apply.

Cancelling a current membership to join a new location who has Foundation Memberships available
The member may of course choose to cancel at their current location with the standard 30 days notice period in writing but the member will not be eligible for the Foundation Rate (discounted rate) at the new location. 
If this does occur, we encourage Franchise Partners to maintain open lines of communication to maintain good relationships. 

Transferring to another Location 
You cannot transfer your membership from one location to another as each location is owned by a separate Franchise Partner. 
In order to change locations, you would need to follow the standard cancellation procedure. 
Please also note that an existing Fitstop member is not eligible for foundation rates at another location, even within the presales period. 
If the member wishes to train at the new location prior to their 30days notice period finishing, it is the new location's discretion to allow them to train for free for the remainder of the notice period, a part of the notice period or to decline the person to train for free. In the event the new location is not happy to offer a free period while the notice period is active, the member would have the choice to commence their membership (paying) at the new location or wait for the notice period to finish before joining to avoid double payment. 
Transferring your Membership to another person
You cannot transfer a membership from one person to another as we need to hold the history and waiver of the member on file for insurance reasons. 
A solution to this request if the franchise partner was in agreement would be to have the new member join immediately and cancel down the existing member immediately. Please note, you would not track this as a sale as you are literally swapping out a member so there is no movement in your figures. 

Suspensions
A membership can be suspended for a minimum period of 2 weeks and a maximum of 6 weeks in total per calendar year (Jan-Dec), suspensions require at least 7 days notice in writing.
You must have an ‘Active’ status for a suspension to be applied i.e not within a notice period of cancellation and not in arrears. 
Suspension requests must be submitted in writing via email or via the website Suspension Request Tab. A medical suspension is as per the medical certificate duration provided and does not deduct from the approved 6 weeks per calendar year. We do not backdate suspensions.
How to process a suspension request Search the members name in PTMinder and check the members account is up to date - they don’t owe us $ and are not within a cancellation notice period On the left hand side of the tab, click  ‘Package/Membership/Prod’Under ‘Membership’ click the button titled ‘Skip’ on the right hand side. This will bring up another screen with the payment schedule. Click the Red ‘X’ next to the specific date range associated to the suspension request. Another pop up screen will appear, Click /Select the Check Box that outlines you want to ‘Skip membership credits between dates’ then click Okay. *Note, if you do not tick this box, the payment will be skipped but the member will still be able to book into classes Click Save Send the member a confirmation email For a detailed step by step instructions, refer to the Using PT Minder Services Manual
Drop in SessionsA drop in session is a casual session where the person does not have a membership at your location and/or may have used their free trials and now just want to train at your location sporadically, or they could be passing through or a member of another location who is in your area and wanting to train.  Members from another locationAs their waiver has already been completed at their existing location and covers ‘all locations’, there is no need for them to complete another waiver for your location.The fee for a member is $20.00 for a one off session, or  $49.00 for the weekSteps to followThe franchise partner is to contact the other, advising their member (NAME) would like to train at your location on (date and session time)The location receiving the guest member is to respond confirming its okay (assuming there is space in the class)The location receiving the guest member is then to update their trainer taking the session Upon arrival;Welcome the guest memberAsk about injuries/health Take paymentIntroduce to your membersNote, if the guest member is training at another location for 1+ weeks, we encourageThe member to suspend their membership at their location for the total weeks they will be training elsewhere Pay the receiving location, the membership dues of $49 p/week over the counter via cash or card.  Under no circumstances is a Fitstop Member of any location who is visiting yours, to be encouraged to change locations or offered a membership deal to join your location instead of their existing location. 
Non-Members Remember, the waiver must be completed before they train at your location to ensure you are released from liability and covered by insurance. This can be explained as needing to create a client profile in the Fitstop App to complete their training waiver. The fee for a non-member is $25.00Steps to followHave the guest download the Fitstop AppSelect your locationCreate a client profileAsk about injuries/health Take the payment Introduce them to other members 
Welcome Member SingletsThe welcome Member Singlets need to be ordered via the order form on the Education Portal and stock held on site to then be gifted to each new member on their first session as a member. It is the Franchise Partners responsibility to manage their locations stock levels and place orders when needed in a minimum of 30 units per order. 
MarketingOutside of your Open Launch, the only campaigns that are approved by Fitstop Australia to be marketed are a Free Trial, Social Saturday, the National Free Week campaign and Refine You Challenge campaign in line with Fitstop Australia’s calendar.The only exceptions to the rule are; Your Gym Birthday - it is preapproved to run a Free Week campaign but the Approval Process followedAny competitions such as 'tag a friend and win a free month' or any further competitions need to be approved by the marketing team so they can monitor frequency and make sure it's within reasonApproval Process Send request 4 weeks prior to launching campaign to Marketing@fitstop.com Include the relevant information that you'll be sending out: What will you be offering/what prizesWhat platforms will you distribute it to?Image, copy, other relevant collateral that your audience will seeNational Campaigns advised by Fitstop Australia must be followed by all locations.All marketing materials, be it print or online, must be ‘on brand’ and inline with the Fitstop  Brand Guidelines.If you are looking to engage an external person or agency that is not employed as an employee by Fitstop Australia or your Fitstop location, you must first gain approval from Fitstop Australia before enabling any access to your Fitstop Pages, Ads Account or Business Manager. An approval request must be sent to your Business Performance Manager via email and outlining the details of the intended engagement. 
Trainer GuidelinesTrainers are a representation of you, your business and the brand as a whole and as such must follow the Fitstop Policy when working and when in uniform outside of working hours. Coaching - The  Fitstop Session Structure must be followed at all times The only addition to the programming that is approved is adding in ‘extra’ at the end of the session for early finishers, team cals or mini challenge at the end of a sessionTraining at another location - Standard Drop in Fees (member rate) apply when training at another location unless waived by the Franchise Partner with prior approval which is at their discretionNo employee, contractor or Franchise Partner are approved to offer services to other location members or promote  services to any of their members without the location Franchise Partners prior consentUnder no circumstances are you or any of your team members to attempt to poach or encourage members to train at your location, in place of their current location.Nutrition advice- Nutritional advice provided to Fitstop members must align with the Fitstop Refine You 6 Week Challenge. No contradictory meal plans or advice are to be recommended or encouraged. Challenges - No Challenges such as but not limited to weight loss or body transformation challenges are to be run or promoted to Fitstop Members by a Fitstop employee or Franchise Partner outside of the Fitstop Refine You 6 Week Challenge. The only exception to this is events such as obstacle courses and or team activities that could also be known as a ‘Challenge’ i.e Raw Challenge, Spartan Challenge, Tough Mudder Challenge. Trainer Uniform - The Fitstop uniform as per the uniform policy must be worn when working onsite or for special events. When wearing a uniform, be it in working hours or in your personal time in public, you must present yourself in a professional manner and positively represent the brand.Personal Training- If you wish to conduct personal training sessions from the Fitstop where you are employed, you must first gain approval from the Franchise Partner and clear guidelines must be set around engaging members to become clients, the use of the facility, and any other requirements set by the Franchise Partner. If you are approved by the Franchise Partner, the Fitstop Australia guidelines that must be followed are; You must have a minimum cert 4 in FitnessYou must have a current First Aid & CPR certificateYou must have current Insurance specific to Personal Training You must have a Blue Care (or applicable to your state) if training under 18’s You must not disparage Fitstop or the Fitstop methodology in attempt to have clients train with you in place of being a member 
ProgrammingThe Fitstop Methodology and the programming to deliver this methodology is our product and as such the programming being delivered in every session must be as per the programming designed from Fitstop Australia via the ‘Workouts Live Doc’ .The only situation where it is approved to make changes to the programming is; If a member requires a regression exercise If you cannot safely perform the exercises within the space of your facility, in this example you would swap out the exercise that cannot be safely performed and switch in an alternative option than can be performed safely and works the same muscle groups to maintain the focus of the sessionDelivering an outdoor session for a special event, outside of the normal session timetableUnder no circumstance is a non Fitstop Session to be delivered in place of a Fitstop session. This would be a serious breach of policy. 
INCIDENTS If an incident or accident occurs on your premises be it minor or major, an incident report must be completed and kept on file for insurance purposes. Click > Fitstop Incident Report for a copy or this can also be found on the Fitstop Educational Portal and should also be kept on site in hard copy so they are readily available. 
Any incidents must be reported to the Manager as soon as possible on the day of the incident and the report completed immediately to then be stored on file.For serious incidents, please ensure a copy of the incident report is also submitted to your Support Manager via email.