Terms of service & Disclaimer.
Introduction
Hi there! This website, emmapolette.com, is owned and operated by Emma Polette (ABN 89228020678). If you have any questions or need further information, please contact:
Emma Polette at emma@emmapolette.com or +61 404 008 442.
This document contains the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand.
When you visit this website, use my services, or purchase packages or products you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions, or that you are between the ages of 15 and 18 and you have your parent or guardian’s consent. If you don’t accept this agreement or if you are under 18 and you do not have the necessary consent, you should not continue to visit this website or purchase from me.
All products and services advertised on this website are offered in compliance with Australian Consumer Law.
My Qualifications
If you are looking for a highly qualified personal trainer who is passionate about the health of her clients, you have come to the right place. You can find out all about my journey here: http://emmapolette.com/about/. If you are ready to get started and want to make sure I know what I am talking about, I am happy to let you know that:
I have a certificate III and IV in Fitness;
I have insurance as a personal trainer, yoga teacher, IIN health coach, Body Love Coach and Reiki Master;
I have studied at the Institute of Integrative Nutrition and obtained a certificate in Health Coaching
I have completed a 200 Hour Yoga Teacher Training certificate from Yoga Renew and multiple specialist certificates including Core Yoga, Vinyasa Yoga and Yin Yoga; and
I am a Reiki Master.
Working with minors
Please note that I have a current “Working With Children Check” and have completed the “Working With Children” Module of Certifcate IV in Fitness. If you are a parent or guardian please do not hesitate to contact me to discuss any concerns that you may have, prior to your child commencing training with me.
Disclaimer
On this website, you will find blog posts, articles, videos, hints & tips, guides & instructions plus info on health & wellbeing. This information is provided solely for your education, entertainment and/or personal development.
MY RIGHTS & RESPONSIBILITIES
I take lots of care to provide valuable information but I cannot be responsible for the use that you make of that information. Please understand that generalised fitness information is never a substitute for specialist advice tailored to your personal situation. There is no professional relationship formed between us unless you engage me as your coach, personal trainer or yoga teacher by purchasing my services or products.
Testimonials and promised results on this site are indicative of results achieved by clients of mine and from my own experience. They are not guarantees. The results that you may achieve from working with me will vary depending on many factors beyond my control, including your unique physical characteristics, your level of commitment to the training, and other personal factors and circumstances.
I may modify the information provided on this site at any time, including by altering or deleting it without notice.
VISITOR RESPONSIBILITIES
You are responsible for your own health, safety and well-being. Please use common sense when attempting any exercise or activity described on this site. If you have any doubts or questions at all about the suitability of any activity or exercise for your personal situation, or before attempting a new activity or exercise, I strongly recommend that you make independent inquiries or consult a medical professional. Some of the exercises and activities described on this site may come under the heading of dangerous recreational activities, particularly if performed by someone who is inexperienced or who does not have the requisite fitness level. It is very important that you understand that by acting on any information displayed on this site, you take full responsibility for your actions and fully accept the risk of any damage or injury that may result.
You may only use the information provided on this website for personal and non-commercial use.
DOWNLOADS
I am not responsible for viruses or any other damage which might occur as a result of downloading material from emmapolette.com or any other place such as emails or third party hosting.
EXTERNAL LINKS
Although I will often link to third party sites in my materials on this website, I am not responsible for the content of any external sites that may be linked.
Exercise and Nutritional Programs
Before commencing any personalised exercise program with me, you will be required to complete a pre-screening form. It is your responsibility to answer the questions on this form honestly and openly, and to provide me with any relevant information about your health and fitness that may impact on your ability to take part in the program.
You will also be required to attend a goal setting session with me either in person or via Zoom or telephone before commencing any exercise or nutritional program with me. This is so that we are both clear on what you hope to achieve through the program and the level of commitment that is required in order for you to move towards your goals.
All clients should get a clearance from their GP before commencing any exercise or nutritional program with me especially if they are making drastic changes to their diet or current exercise program.
While I will do all I can to ensure that my program is tailored to your unique needs, you must also take responsibility for your actions. This means using your common sense:
Clients should not use equipment that is unfamiliar or too heavy for them.
Clients should be aware that all exercise activities have some level of risk involved and understand that they are taking part voluntarily and at their own risk.
Clients should not do any exercise when they are currently suffering from an acute injury or recovering from injury/surgery without clearance from a GP or other allied health professional.
Your exercise program should make you feel good – please don’t get caught up in a “no pain, no gain” mentality – slow and steady will win the race, so please don’t overdo it.
If you injure yourself during an exercise program please treat it seriously and seek treatment - see your GP, physio, chiropractor or other allied health professional or go straight to the emergency department.
Suitability
My programs are designed for apparently healthy adults and older children. Most of my clients are busy women in their 30s, 40s and 50s who would like to get fitter and healthier to feel more energised, confident and happy.
My programs are not suitable for:
Children under 12.
Injured people or people recovering from surgery or injury.
People with underlying medical conditions that prevent them from exercising or eating certain foods.
Some of my programs and classes are not suited for pregnant women
Important Precautions
Please be aware that coaching and personal training is not therapy or a substitute for therapy. If you have any mental health concerns, I urge you to seek treatment from a qualified mental health professional. Exercise and nutrition can be very helpful in making a full recovery, but they can’t do it alone – and nor should you. Reach out and get the assistance you need.
In addition to my personalised training programs, I also offer online personal training and yoga programs. It is important to recognise that these programs are generic and are not tailored to your individual needs and circumstances. Please proceed with caution and if you have any concerns about the suitability of these programs in your situation, stop and contact me so we may discuss whether a personalised program would be more appropriate.
I also offer online nutritional programs. These programs contain generalised information. They are not designed for you as a unique individual, they are not calorie controlled and they are not vetted for any allergies or common reactions. Participation in these programs is at your own risk and you should rely on your own independent research and the advice of qualified medical professionals in deciding whether these programs are suitable for your needs.
Regardless of whether you are considering working with me one on one, or purchasing an online program from me, I strongly recommend that you speak to your GP or allied health professional before starting any exercise or nutritional course with me.
Some of the equipment I use or recommend using is heavy and some of the activities and exercises I use or recommend can be dangerous if not performed properly. It is your responsibility to listen carefully when I provide instructions (or read instructions fully) and comply with those instructions. It is a condition of working with me or purchasing my online programs that you will not hold me responsible for your own negligence, misunderstandings or failure to follow instructions. You understand and agree that you participate in my training activities or online exercise or nutritional programs at your own risk, taking full responsibility for any injury or damage that may result from your participation.
Intellectual Property
The content of this website is protected by copyright. No portion of this website may be copied or replicated in any form without my written consent, other than for the purpose of sharing the information on social media, in which case you must include a link back to this website.
Payment Terms
FORMS OF PAYMENT
I prefer all payments to be processed through PayPal or Stripe. I can accept bank deposits but funds must be cleared in my bank account before any work begins. If you choose to pay by bank deposit, you are responsible for asking for an invoice to be issued.
PAYMENT PLANS
Payment plans are offered where specified on the website. If a payment plan has not been offered for a particular program, please contact me to arrange one. However, payment plans are not available for products with prices below $151. If a payment plan is entered into, payments must be made before the corresponding portion of the program is delivered. I retain complete discretion over the right to grant payment plans and the terms of all payment plans. A payment plan is not valid unless I have sent you written confirmation of our agreement.
SECURITY
I use PayPal or Stripe for all credit/debit card transactions (a secure payment provider) and I do not store any credit card details anywhere at Emma Polette (Business). You can find out more about PayPal’s security arrangements here: https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security and Stripe’s security arrangements here: https://stripe.com/docs/security
Delivery of Services
For delivery of my services, if you are meeting me face to face, the meeting will occur at my studio. Instructions and directions will be forwarded to you prior to our first appointment. An alternate venue may be arranged by mutual agreement.
If you are meeting me online, we will Zoom (instructions will be communicated directly to you prior to our first appointment). I will contact you at the prescribed time. If I have attempted to make contact at the appointed time and there was no answer from you, it is then your responsibility to make contact with me.
All sessions are required to start at the appointed time and be completed 30 or 45 minutes from that start time (depending on the type of session). If you are running late, there is no extension of time. If I am running late, I will communicate this to you wherever possible and the session will run from the time we actually start to the end of 30 or 45 minutes (whichever is applicable).
If you can’t make a session, you must give me at least 24 hours’ notice (via text, email or phone call) so that we can reschedule. If you give me less than 24 hours’ notice, the session will be forfeited (in the case of a package) or invoiced to you despite your non-attendance. Payment is due 7 days from the date of the invoice being issued.
If I cannot make a session, the session will be rescheduled at a time that suits us both at no additional cost to you. If the session cannot be rescheduled and is part of a pre-paid package, I will refund the cost of that session to you.
If we are having a personal training or yoga session please wear loose, comfortable clothing including closed in sports shoes and bring some water. Everything else will be provided.
For coaching sessions, you may like to have a pen & paper handy to write notes. Handouts and resources will be provided when required.
Returns Policy
If after 14 days either you or I am not happy with the the way in which the agreement or purchase is proceeding, then you may request or I may issue a refund.
If you have received downloadable content in the form of e-books, recipes, videos, handouts or any other form of downloadable content then you will still need to pay $100 to cover this content.
There will be no refunds available after 14 days unless a product is defective.
Emma Polette (Business) will 100% refund any payments made for a product that is out of stock, discontinued or if the order cannot be fulfilled in a reasonable time
If I am sick or unable to attend a scheduled session due to circumstances beyond my control, I will reschedule for another session at no cost to you. If this is not possible for any reason then a refund for that portion of a package will be issued.
If you fall sick during a ‘Live” round of an online program, where possible, you will forfeit the rest of the live round and be added to the next live round at no extra cost. If this is not possible then you will unfortunately forfeit the “live” aspects of the course but will continue to receive all downloadable materials. A doctor’s certificate will be required.
If Internet problems prevent a session from going ahead the session will be rescheduled at no cost to you. However, if your internet is a problem for more than one session, the package will be suspended and no further sessions will be scheduled until your internet issues are resolved.
If there is a fire/accident/unforeseen problem with any studio space so a session or a class needs to be cancelled, where possible the session will be rescheduled. If that is not possible, a refund will be issued to you for that session or class.
In case of a PDF that won’t open or a link that expires – it is your responsibility to notify me and you will be issued with another copy of the content.
You must make me aware of any major problem in writing and provide documentation (where necessary) as close to the issue arising as possible.
I will 100% refund your payment when a product or service is damaged or does not meet your reasonable expectations. However, this is subject to you having read, understood and agreed to the terms of my Disclaimer – published at point of sale on emmapolette.com - and contained in all client agreements.
If you cancel a contract that has been partially delivered, you are required to pay for all services rendered to date plus a $100 cancellation fee. If you have paid up front, you will be refunded the relevant amount. Otherwise, I will invoice for any outstanding monies plus the cancellation fee and you will need to pay within 7 days of receiving the invoice.
Visitor Information
I invite people to comment on my blog posts and social media in a respectful and thoughtful manner. All rude & insulting comments will be deleted as will material that is promoting another website or product without my written approval.
Any content posted on emmapolette.com from a third-party contributor represents that contributor’s opinion, not that of Emma Polette. However, when you read this material, you do so subject to the same disclaimer as the rest of the information & products on this website.
Jurisdiction & Dispute Resolution
Emma Polette (Business) is located in Albany, Western Australia. Therefore, this agreement is subject to the governing law of Western Australia.
If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and I agree to make a genuine effort to resolve the dispute through negotiation and discussion.
If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator who is independent and neutral. The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation
We both understand and agree that litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.