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​Terms and Conditions 

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  1. Appointment

    1. Any Appointment scheduled by you with Ruhls of Fitness will constitute agreement to these T&Cs.

    2. Appointment: The Services are delivered by way of Appointments which are one-on-one (virtual or in person) meetings between you and Ruhls of Fitness’ Personnel. Appointments are subject to availability. Each Appointment is approximately 30, 45 or 60 minutes in duration. Any variation or extension of an Appointment is at Ruhls of Fitness’ sole discretion.

    3. Cancellation: You may cancel any Appointment with 24 hours’ notice, otherwise any cancellation will be subject to payment to Ruhls of Fitness.  Ruhls of Fitness in its sole discretion may cancel an Appointment at any time  with no liability other than to repay the Price paid and to the extent that the Services were not performed (unless due to breach by You in which case Ruhls of Fitness will be entitled to retain any payment).

    4. You acknowledge and consent to the following:

      1. Ruhls of Fitness to perform all necessary examinations, manipulations, therapy, rehabilitation and medical diagnostic procedures in accordance with their professional training and understanding of your circumstances;

      2. to provide to Ruhls of Fitness all relevant and accurate information to enable Ruhls of Fitness to perform the Services including but not limited as to any pre-existing condition, injury or predisposing factors. Ruhls of Fitness will be entitled to rely on the accuracy of any information provided by you;

      3. to adhere to any recommendations provided with Services, including but not limited to general health advice, instructions and warnings. If concerned with the Service, it is your responsibility to immediately notify Ruhls of Fitness and follow Ruhls of Fitness’ recommendations;

      4. unforeseen circumstances and adverse risk is inherent in receiving the Services, for which Ruhls of Fitness will not be liable except to the extent that it cannot be excluded by law;

      5. in the case that the Services (or part thereof) are provided at your address, you are responsible to ensure such premises are safe;

      6. Any intellectual property rights in any materials (whether printed or oral) provided by Ruhls of Fitness in the course of providing the Services will not transfer to you. Any such materials provided to you is for your personal benefit only and must not be copied or used for commercial purposes.

  2. Price and payment

    1. You will pay the Price for the Services, which amount is subject to change. You may purchase Appointments in bulk that can be used within a 12-month period from the date of payment. 

    2. You must pay the Price prior to the Appointment upon request but not later than 24 hours of the Appointment. You must not withhold, make deductions from, or set-off, payment for any reason.

    3. Rebates: The Price may be partially or fully rebated by means of the National Disability Insurance Scheme (NDIS), Enhanced Primary Care (Medicare), private health insurance, Department of Veteran Affairs, Transport Accident Commission, Workcover or other similar body upon completion of an Appointment. Ruhls of Fitness does not guarantee any rebate. It is your responsibility to make any rebate claim. If any rebates are provided to you and deducted from the Price which rebate is later rejected by the relevant body, you will pay Ruhls of Fitness any shortfall.

    4. Additional costs you may be liable for:

      1. Appointments which are outside of standard business hours;

      2. travel to your address to attend an Appointment;

      3. interest at the rate of 2% per annum more than the rate from time to time fixed by the Penalty Interest Rates Act 1983 (Vic) on any unpaid amount, calculated daily from the due date until payment is received in full;

      4. dishonour charges,  legal, debt recovery or other expenses incurred by Ruhls of Fitness to recover outstanding money from you.

    5. Unless otherwise stated the Price does not include GST or other taxes. In addition to the Price, you must pay to Ruhls of Fitness an amount equal to any GST and/or other taxes for the Services.

  3. Personal Information

    1. Any personal information you provide to us will be collected and held under the Australian Privacy Principles and can be destroyed or de-identified at your request. Refer to Ruhls of Fitness’ Privacy Policy for further information.

  4. Representations and warranties

    1. Ruhls of Fitness warrants to you that it will use only suitably qualified and competent Personnel to perform the Services.

    2. Any timeframes that Ruhls of Fitness gives in respect outcomes is a guide only. Guarantees of outcomes and results are not provided.

    3. Ruhls of Fitness does not warrant any other third party services or products. Any services provided by a third-party will be the subject of such third-party terms and conditions.  

    4. For the avoidance of doubt Ruhls of Fitness will not be responsible for any Liability caused by:

      1. failure by you to provide relevant and accurate information;

      2. receipt of the Services against recommendation from other medical professionals;

      3. failure by you to follow Ruhls of Fitness’ recommendations;

      4. the recommendations by persons other than Ruhls of Fitness;

      5. services provided other than by Ruhls of Fitness;

      6. use of property outside of Ruhls of Fitness’ premises (including when the Services are provided at your address).

    5. Ruhls of Fitness excludes all express and implied conditions and warranties in relation to the Services except those conditions or warranties that cannot be excluded by law. Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any Fair Trading Act except to the extent permitted by such legislation.

  5. Liability

    1. Ruhls of Fitness’s liability for any Liability or Claim in relation to the Services (whether under statute, contract, tort, negligence or otherwise) will be limited to any proven Claim by you.

    2. Ruhls of Fitness will not be liable to you for any Liability or Claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, business, opportunity, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

  6. Definitions

In these T&Cs:

Appointment means the scheduled meeting at the Client’s request during which Ruhls of Fitness provides the Services to the Client;

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;

GST means Goods and Services Tax as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);

Personnel means any employee, servant, contractor, subcontractor, agent, partner, director or officer of Ruhls of Fitness;

Price means the price of the Services as notified by Ruhls of Fitness from time to time;

 

Ruhls of Fitness means Ruhls of Fitness (ABN 81 371 804 056) and includes its Personnel, associates, related entities and agents (as applicable);

 

Services means the services provided by Ruhls of Fitness to you, which may include exercise physiology assisting with management of chronic health conditions and general health advice, fitness and wellbeing, delivered online or in-person during the Appointment;

 

T&Cs means these Terms and Conditions;

Website means Ruhls of Fitness’s website, www.Ruhlsoffitness.com.au;

You/your/Client means the person who is the recipient of the Services, including their guardian, duly appointed attorney or authorised agent.

 

  1. Miscellaneous

    1. The parties agree:

      1. the actions of any person claiming to have the Client’s authority will bind the Client to the extent permitted by law;

      2. if any provision of these T&Cs is unenforceable, the provision will be severed and the remaining provisions will continue to apply;

      3. Ruhls of Fitness may assign any rights or benefits under these T&Cs to any third party;

      4. the failure by Ruhls of Fitness to require performance by the Client of any provision contained in these T&Cs will not waive the right to require such performance;

      5. these T&Cs will be governed by the laws of Victoria and the parties submit to the jurisdiction of the courts of the state of Victoria.

    2. In these T&Cs:

      1. the singular includes the plural and vice versa;

      2. any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning;

      3. a reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;

      4. a reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code or law and any consolidations, amendments, re-enactments or replacements.

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