Terms

By using this site and any of the services you agree to the following:

  1. Any contextual reference to “Tony”, “Tony Last”, “I”, “me”, “my”, “we”, “us”, “our”, “this service”, “coach”, “Muscle Coach”, “personal trainer”, “trainer”, etc, is deemed to be reference to Magic Muscle (Pty) Ltd, Reg.No.2012/172937/07, who is the sole legal coach/trainer.
  2. The terms and conditions of our Personal Training Agreement – see below.
  3. That all information and coaching/training advice is given in good faith and we will not be held responsible for the accuracy or misapplication thereof.
  4. Email advice, unlimited or otherwise, is subject to reasonableness of the questions/queries as to subject matter, scope and time required to research/answer, all of which shall be determined in our sole discretion.
  5. That it is your responsibility to obtain medical clearance from your doctor to do weight-training/bodybuilding.
  6. Items not charged for may become subject to charge at any point in future.
  7. All sales/orders/payments are final. No refunds will be given.
  8. To indemnify us concerning any third party informaton/links provided by us.
  9. That if you are a minor (under the age of 18 years) you hereby state that you have been assisted by your parent or legal guardian with their full agreement to these terms and conditions, any application for personal training or other services, and payment therefor.

Personal Training Agreement

Magic Muscle (Pty) Ltd

2012/172937/07

Welcome to Magic Muscle (Pty) Ltd t/a Tony Last – Muscle Coach / Personal Trainer (“the Trainer”) and congratulations on beginning your personal training program! We are delighted you chose us as a part of your commitment to health and fitness. With the help of your personal trainer, you will improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime.

In order to maximise progress, it is important to follow program guidelines during supervised and (if applicable) unsupervised training days. Remember, exercise, nutrition and rest are ALL important!

The following information will provide you with important program policies. Before getting started, please read and sign this form to acknowledge that you have read and understand the following information.

Personal Training Information and Policies

This Agreement is made and entered into by and between the Trainer and you (“the Client”). The parties agree as follows:

  1. Sessions: The Trainer and the Client shall agree upon the time, program type, content, and location of personal training sessions (“Sessions”) at the rate set forth in any applicable order/application.
  1. Commitment: By purchasing Sessions, the Client is making a commitment to the Client’s health. The Client should follow the program and instructions of the Trainer to the best of the Client’s ability to maximise results and better achieve the Client’s goals. Remember, the ultimate results are up to the Client: The Trainer will show the Client how to work his muscles correctly and encourage him/her to go to his/her safe limit, but the Client is the only one who can make sure he/she works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle.
  1. Length of Sessions: Sessions will last approximately one (1) hour with the Trainer’s option to vary the length of Sessions, longer or shorter from time to time, at the Trainer’s discretion. 
  1. Punctuality: The Client shall be attired as discussed below and ready to train at the time specified in paragraph one (1). Failure to be prepared to train may result in a shortened workout or possible cancellation of the Session under paragraph eight (8) below if the Client is more than fifteen (15) minutes late. If the Client anticipates running late, he/she should contact the Trainer as soon as possible.
  1. Attire: The Client must wear comfortable workout attire, including, but not limited to, clean t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes are compulsory and must be supportive and functional. Workout gloves are optional but recommended. Please do not hesitate to ask the Trainer for advice on what type of clothing and shoes is appropriate. A towel must be used at all times on equipment and for personal hygiene purposes.
  1. Stopping Exercises: The Client may refuse or stop any exercise for any reason. It is the Client’s responsibility to notify the Trainer of any discomfort or pain arising from or during exercise, as well as, any and all other known limitations the Client has or experiences so that the Trainer may accommodate the Client and possibly substitute another exercise to work that particular muscle group.
  1. Payment: Payment must be made in advance of Sessions. The Trainer accepts cash or online transfer only. 
  1. Cancellation: Twenty-four (24) hour cancellation notice, by phone, is required for rescheduling or cancelling any individual Sessions. Any and all cancellations with less than twenty-four (24) hours notice will result in forfeiture of the Session without refund.  If the Trainer must cancel a Session, he will do so, by phone, with at least twenty-four (24) hours notice or Client will receive a complimentary Session for his/her inconvenience.  This complimentary Session must be used at the Client’s instance within thirty (30) days of the date of the cancelled Session.  After thirty (30) days, the offer of a complimentary Session will expire. Cancellation of any unused prepaid Sessions must be made in writing and handed to the Trainer subject to a cancellation fee of R200.00.
  1. Declarations: You agree that if you engage in any physical exercise or activity, including personal training, or enter the premises used by the Trainer or use any facility or equipment on said premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the Trainer or otherwise, including injuries or damages arising out of the negligence of the Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, personal/individual trainers and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports areas, passages, or other areas, locker/ablution rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, weight exercises, walking, jogging, running, aerobic/cardio activities, aquatic activities, or any other sporting or recreational endeavour. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Trainer or otherwise.You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the Trainer (and the Trainer’s affiliates, related entities, employees, agents, personal/individual trainers, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, personal/individual trainers, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while travelling to or from personal training, including injuries resulting from the Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.By execution of this agreement, you hereby agree to indemnify and hold harmless the Trainer from any loss, liability, damage, or cost the Trainer may cause or you may incur due to the provision of personal training by the Trainer to you.You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in South Africa and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.You acknowledge that the Trainer offers a service to his/her clients encompassing numerous recreational and/or fitness activities. The Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by the Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce.
  1. Option to Renew:  By renewing a contract, the Client acknowledges and agrees that the Trainer acted professionally in all prior sessions.

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