Terms and Conditions
These Terms and Conditions and any other terms or policies referenced herein (“Terms”) form the agreement entered into by Sean Fancher ABN 53 992 907 189 (“we,” “us,” “Sean” or “our”) and You (“you” or “your”) under which you may access and/or use our website, and under which we will provide Services to you. Please read these Terms carefully, as they set out your rights and obligations when you access our website or work with us, by accessing and/or using our website or engaging our services, you agree to these Terms.
Services: Sean Fancher is a certified Personal Trainer with a Diploma of Sports Development, Level 2 Strength and Conditioning accreditation, and Certificates III and IV in Fitness registered with AUSactive. Our services include 1:1 personal training sessions (Sessions) at days and times mutually agreed between us and you. and digital exercise plans (Plans) together the Services (Services).
You may engage our Services by making a booking on our website, agreeing to a proposal or price quote, or by contacting us and requesting a booking via the contact methods listed on our Website.
Any variation to the Services ("Variation") must be agreed in writing between us and you.
Bulk Session Bookings: You may submit a written request to smfancher@gmail.com for a repeating and indefinite Session booking at the same day/s, and time/s (Bulk Session Booking).
Bulk Session Bookings are a scheduling arrangement and do not vary or reduce your obligations under these Terms. Once confirmed in writing by us, a recurring booking continues each week on the agreed day/s and time/s until we receive written notice from you to pause, change, or end the arrangement.
Price: Sessions: As indicated on our Website. Plans: Variable and as indicated on your quote and/or invoice.
Location: In Gym Sessions (Onsite Sessions) are rendered Snap Fitness Surfers Paradise Level 1/3031-3033 Surfers Paradise Blvd, Surfers Paradise QLD 4217. Mobile Sessions (Offsite Sessions) are rendered at one of the following locations as indicated on your booking: i) Benowa, ii) Broadbeach, iii) Broadbeach Waters, iv) Bundall, v) Clear Island Waters, vi) Main Beach, vii) Mermaid Beach, viii) Mermaid Waters viii) Surfers Paradise, together the Location (Location).
Session locations are selected at the time of booking.
Training Facilities: For Offsite Sessions, you are responsible for providing: i) a safe, free, and publically accessible space with which we may render the Session to you, ii) access to free and nearby parking facilities within 200 metres of the Location iii) complying with the terms and conditions and other policies of any Offsite location or facility.
For Onsite Sessions, you are responsible for: (i) establishing and maintaining any accounts, subscriptions, plans, or memberships, (ii) third-party membership costs, (iii) complying with the terms and conditions and other policies of any third-party provider.
Cancellations: Should you need to cancel or reschedule a Session, you may do so without penalty up to 24 hours prior to the beginning of your Session Time (Session Start Time). Where less than 24 hours' notice is provided before the Session Start Time, payment for the session will be required in full on or before the original booking date and time as we are unable to take replacement bookings at short notice.
Please notify us at the earliest opportunity of your need to cancel or reschedule by logging into your Account on our website and following the prompts on the “My Bookings” tab to cancel or reschedule your Session. Alternatively, you may notify us via text or voice message by contacting us on 0403 955 632.
Payments: You agree to pay us the Price in accordance with these Terms, payment for the Services is due prior to the Services being rendered (unless otherwise stated in these Terms).
Where we issue an invoice for the Services, the amount in the invoice must be paid, using the payment method set out in the invoice, within 7 days of the date of the invoice. If any amounts are unpaid 7 days after the payment date, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum (calculated daily and compounding monthly) and/or we may suspend the provision of the Services until we receive payment.
All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated on our Website, Price Quote, or Invoice). Where the Services are provided as part of an active NDIS plan, GST does not apply.
Payment for Sessions may be made online at the time of booking by the payment methods listed on our Website, or by way of exact cash change in person before your Session Start Time. Payment for Plans may be made by the payment methods listed on our invoice.
NDIS Payments: Where we have agreed to provide the Services in support of an active NDIS plan, we will issue an invoice with a request for payment to your nominated Plan Manager by way of email after rendering the Services using the line item/s advised by your Plan Manager.
In the event an invoice is declined by the NDIS or Plan Manager for reasons including but not limited to exhausted funds, budget misallocations, or plan suspensions, you agree to personally arrange payment of the outstanding balance no later than 7 days from the day on which we notify you of the declined invoice.
Refunds: Any amounts paid for Services rendered by us are non-refundable except where required by law.
Your Obligations and Warranties:
You represent, warrant, acknowledge and agree that:
participation in physical activity involves inherent risks which can include but are not limited to bodily injury, damage to personal property, and/or death, and participation in the Services is undertaken at your own risk;
you are in sufficient health and physical condition to participate in the Services and have disclosed to us, and obtained medical clearance for, any pre-existing injury, illness, or medical condition including but not limited to cardiovascular issues, respiratory conditions, musculoskeletal injuries, or any other condition or concern that may affect your ability to safely participate in the Services;
you will immediately notify us of any new or evolved injury, illness, or medical condition that may affect your ability to safely participate in the Services and seek medical advice as to whether it is safe for you to continue;
you will follow any reasonable instructions we may provide to you to keep you safe, and you will immediately discontinue further participation in the Services if at any time you believe conditions to be unsafe;
you on behalf of yourself, your heirs, assigns, administrators, executors, and next of kin waive all claims of damage, injury, and/or death sustained to you or your property in relation to the Services, including claims in tort, contract, equity, or otherwise;
there are no legal restrictions preventing you from engaging our Services or agreeing to these Terms;
the information you provide to us is true, correct and complete;
these terms supersede any prior written or oral agreement between us and you.
Your Statutory Rights: Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
You agree that our Liability for the Services is governed solely by the ACL and this Agreement. Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, and services (including the Services) are provided to you without warranties, representations and guarantees of any kind.
Limitation of Liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Services, our Website and/or the Content and/or any inaccessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Intellectual Property: All Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our Personnel in connection with our website and the Services (IP Content), will at all times vest, or remain vested, in us.
Your use of our Website and your use of and access of the Services does not grant or transfer to you any rights, title or interest in relation to our IP Content. You must not:
copy or use, in whole or in part, any IP Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any IP Content to any third party; or
breach any intellectual property rights connected with our website or the content, including (without limitation) altering or modifying any of the IP Content, causing any of the content to be framed or embedded in another website or platform, or creating derivative works from the content.
Licence to use our Website: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited Conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our website; which we would consider inappropriate; or which might bring us or our website into disrepute, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our website to defame, harass, threaten, menace or offend any person;
interfering with any user using our website;
tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
using our website to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
Exclusion of Competitors: You are prohibited from using our website and Content, in any way that competes with our business.
Third-Party Websites: Our Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our website or any advertised Services , in whole or in part. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and Disclaimers: Sean Fancher is a certified Personal Trainer with a Diploma of Sports Development, Level 2 Strength and Conditioning accreditation, and Certificates III and IV in Fitness. All information, advice, and programs provided in relation to the Services or included on our Website or Social Media is for general fitness and educational purposes only and is not intended as medical advice, or for the diagnosis and/or treatment for any clinical condition, injury, or chronic disease.
We make no representations or warranties about our Services and do not guarantee any specific outcomes, results, or performance as a result of engaging our Services.
To the maximum extent permitted by law, we make no representations or warranties about our website and Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our website will be secure.
You read, use and act on our Website and the Content at your own risk.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Website, Our Services, and these Terms are governed by the laws of the State of Queensland. [Queensland].You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [Queensland] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.
Variations to Terms: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. We recommend you check our website regularly to ensure you are aware of our current terms. Materials and information on this website are subject to change without notice. We do not undertake to keep our website up-to-date and we are not liable if any content is inaccurate or out-of-date.
Contact Email: smfancher@gmail.com
Last update: 22 July 2026