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Personal Training Agreement (Australia)

Personal Training Agreement (Australia)

This Personal Training Agreement (the “Agreement”) is made on [Agreement Date] between:

[Trainer Name] (ABN [Trainer ABN]), of [Trainer Address], [Trainer Suburb], [Trainer State] [Trainer Postcode] (the “Trainer”); and

[Client Name], of [Client Address], [Client Suburb], [Client State] [Client Postcode], phone [Client Phone], email [Client Email] (the “Client”).

Together referred to as the “Parties”.

1. TRAINING SERVICES

1.1 The Trainer agrees to provide the following personal training services to the Client (the “Services”):

[Training Description]

1.2 The Services will be delivered at [Training Location], commencing on [Commencement Date].

1.3 The Services will be provided as a package of [Sessions Per Package] sessions of [Session Duration] minutes each, at a frequency of [Session Frequency].

1.4 The Trainer holds the following qualifications and certifications: [Trainer Certification]. The Trainer will maintain all required professional registrations and first-aid accreditation throughout the term of this Agreement.

1.5 The Trainer will perform the Services with due care and skill, in a professional manner, and in accordance with industry standards and applicable Australian laws. These obligations are guaranteed by the Australian Consumer Law and cannot be excluded.

1.6 The Trainer reserves the right to modify or vary a training program at any time based on the Client’s health, fitness, and progress assessments, and in accordance with professional best practice.

2. FEES AND PAYMENT

2.1 The total fee for this package of [Sessions Per Package] training sessions is $[Package Fee] AUD ([GST Treatment]).

2.2 Payment is due [Payment Timing]. The Trainer will issue a tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), including the Trainer’s ABN.

2.3 Sessions that are unused at the expiry of 3 months from the commencement date are forfeited and no refund is payable, unless the Client has been unable to attend due to illness or injury supported by a medical certificate.

2.4 Session packages are non-transferable and may not be used by any person other than the Client without the Trainer’s prior written consent.

3. CANCELLATION AND RESCHEDULING

3.1 The Client must provide at least [Cancellation Notice] hours’ written notice to cancel or reschedule a session. Notice may be provided by text message or email to the Trainer’s contact details.

3.2 If the Client provides less than [Cancellation Notice] hours’ notice or fails to attend a scheduled session, [Late Cancellation Policy]. This policy applies regardless of the reason for cancellation, except where the Client provides a medical certificate for illness or injury.

3.3 If the Trainer cancels or reschedules a session with less than [Cancellation Notice] hours’ notice (other than due to emergency), the Client will receive a replacement session at no additional charge.

3.4 The Trainer may refuse to conduct a session if the Client appears to be under the influence of alcohol or drugs, presents with an undisclosed medical condition that poses a risk of harm, or behaves in a manner that is unsafe or abusive.

4. HEALTH DISCLOSURE AND ASSUMPTION OF RISK

4.1 The Client warrants that they have completed a Pre-Exercise Screening questionnaire in the form recommended by Exercise & Sports Science Australia (ESSA) and has disclosed all relevant medical conditions, injuries, and physical limitations to the Trainer prior to the commencement of training.

4.2 The Client acknowledges that physical exercise involves inherent risks, including but not limited to: muscle soreness and fatigue; sprains, strains, and soft-tissue injuries; cardiovascular events in persons with pre-existing conditions; and falls or other accidents during exercise. The Client voluntarily assumes these risks.

4.3 The Client agrees to inform the Trainer immediately of any change in their health status, injury, illness, or medical advice received during the term of this Agreement that may affect the safety or appropriateness of the training program.

4.4 The Client must obtain medical clearance from a registered medical practitioner before commencing training if they answered “yes” to any question on the Pre-Exercise Screening questionnaire, are aged 55 or over and have been sedentary, or have been advised to seek medical clearance by their doctor.

4.5 Nothing in this clause limits or modifies any right the Client has as a consumer under the Australian Consumer Law, including the right to services rendered with due care and skill.

5. INSURANCE

5.1 The Trainer holds professional indemnity insurance and public liability insurance appropriate for the provision of personal training services, and will maintain such cover throughout the term of this Agreement.

5.2 The Client is encouraged to obtain their own personal accident insurance. The Trainer’s insurance does not cover the Client’s personal possessions or any injuries sustained by the Client to the extent caused by the Client’s own negligence.

5.3 The Trainer will produce evidence of current insurance upon the Client’s reasonable written request.

6. AUSTRALIAN CONSUMER LAW

6.1 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded.

6.2 Under the Australian Consumer Law, the Trainer’s services come with guarantees that cannot be excluded, including that the Services will be rendered with due care and skill, will be fit for any particular purpose made known to the Trainer, and will be supplied within a reasonable time. If the Client is a consumer, they are entitled to a remedy for failure to comply with these guarantees.

7. PRIVACY AND CONFIDENTIALITY

7.1 The Trainer will collect and handle the Client’s personal information (including health information) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Health information collected for the purposes of providing the Services will not be disclosed to third parties without the Client’s written consent, except as required by law.

7.2 The Trainer agrees to keep confidential all personal and health information disclosed by the Client in connection with this Agreement.

7.3 The Trainer must not use the Client’s name, image, or likeness for promotional or marketing purposes without the Client’s prior written consent.

8. TERMINATION

8.1 The Client may terminate this Agreement at any time by written notice to the Trainer. Upon termination, the Client is entitled to a pro-rata refund of the unused portion of the package fee, less any sessions already delivered and any applicable late cancellation fees. No refund is payable for sessions forfeited under clause 2.3.

8.2 The Trainer may terminate this Agreement immediately and without refund if the Client: (a) fails to pay any amount when due; (b) behaves in an unsafe, abusive, or threatening manner; (c) repeatedly fails to attend sessions without adequate notice; or (d) provides materially false information in the Pre-Exercise Screening questionnaire.

8.3 If the Client is unable to continue training due to medical reasons supported by a medical certificate, the Trainer will offer a credit or refund for unused sessions at the Trainer’s discretion, subject to any applicable Australian Consumer Law obligations.

9. GENERAL PROVISIONS

9.1 Independent Contractor: The Trainer is an independent contractor and not an employee, agent, or partner of the Client. Nothing in this Agreement creates an employment relationship.

9.2 Dispute Resolution: In the event of a dispute, the Parties must attempt to resolve it by good-faith negotiation within 14 days of written notice. If unresolved, either Party may refer the matter to mediation before commencing legal proceedings.

9.3 Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the provision of personal training services and supersedes all prior representations and arrangements.

9.4 Amendments: This Agreement may only be amended by a written instrument signed by both Parties.

9.5 Governing Law: This Agreement is governed by the laws of [Governing State], Australia. Each Party submits to the non-exclusive jurisdiction of the courts of [Governing State].

EXECUTED as an Agreement.

TRAINER

Name: [Trainer Name]

ABN: [Trainer ABN]

Address: [Trainer Address], [Trainer Suburb], [Trainer State] [Trainer Postcode]

CLIENT

Name: [Client Name]

Address: [Client Address], [Client Suburb], [Client State] [Client Postcode]

Phone: [Client Phone]

Email: [Client Email]

Trainer

________________

Signature

Date: ________________

Client

________________

Signature

Date: ________________

Maintained by Vladislav Sergienko, Founder·Template last modified: ·Report an error

What Is a Personal Training Agreement (Australia)?

A Personal Training Agreement in Australia records the personal training to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Corporations Act 2001 (Cth).

In Australia, personal trainers providing services to consumers are bound by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), which implies non-excludable guarantees into service contracts. These include the guarantee that services will be rendered with due care and skill, that the services will be fit for any particular purpose disclosed by the client, and that they will be supplied within a reasonable time. A personal trainer who designs and delivers a program negligently — for example, prescribing exercises inappropriate for a client's disclosed health condition — may face liability under both consumer law and the general law of negligence.

Pre-exercise screening is a critical professional obligation. Exercise & Sports Science Australia (ESSA) and Sports Medicine Australia (SMA) publish the Adult Pre-Exercise Screening System (APSS), which personal trainers should administer to every new client before commencing structured exercise. A written agreement that records the client's screening obligations and acknowledgment of inherent exercise risks is an important part of a trainer's professional risk management.

The legal framework governing the Personal Training Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Personal Training Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.

When Do You Need a Personal Training Agreement (Australia)?

A Personal Training Agreement is needed before any paying client begins a training program. This includes: individual clients purchasing a session package at a gym, outdoor fitness studio, or for home visits; online training clients receiving remote coaching and programming; corporate fitness programs where a business engages a trainer for its employees; group personal training sessions charged on a per-participant basis; and specialist fitness services such as post-rehabilitation exercise, pre and postnatal training, and sports performance coaching.

Without a written agreement, personal trainers face significant commercial and legal risk. Clients may dispute cancellation fees and claim that sessions can be rescheduled at will. Clients who experience discomfort or minor injuries during training may make complaints claiming the trainer failed to ask about their health. Disputes over whether a package has expired, whether sessions were delivered as agreed, and whether a refund is owed are extremely common in the absence of a written record.

For trainers who deliver sessions at commercial gyms, the gym's own membership agreement does not protect the trainer — trainers need their own client-facing agreement. Trainers who operate as independent contractors should also have a separate contractor agreement with the gym or studio.

For sole-trader trainers without a company structure, this agreement also helps establish that the trainer is an independent business operator rather than an employee, which is relevant for income tax and superannuation guarantee purposes.

Parties in Australia should prepare a Personal Training Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

What to Include in Your Personal Training Agreement (Australia)

A thorough Personal Training Agreement for Australia should include the following key elements.

Session package details: The agreement should clearly state the number of sessions included in the package, the duration of each session, the frequency of training, and the location. Ambiguity about what is included leads to the most common category of client dispute.

Fees and GST: Personal training services provided by a registered entity are subject to GST at 10% under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The agreement should specify whether the package fee is GST-inclusive or exclusive, and when payment is due. Pre-payment for session packages is standard industry practice.

Cancellation policy: The agreement must set out the notice period required for cancellation or rescheduling, and the consequences of late cancellation or non-attendance. Under the Australian Consumer Law, cancellation policies in consumer contracts must not be unfairly one-sided. The policy should be prominent and clearly communicated before the client signs.

Pre-exercise health screening: The agreement should record that the client has completed or will complete a pre-exercise screening questionnaire before commencing training. This is a professional standard under ESSA guidelines and a fundamental risk management requirement.

Assumption of risk: While the Australian Consumer Law prevents complete exclusion of liability for personal injury caused by negligence, the agreement should acknowledge that physical exercise carries inherent risks and that the client has disclosed all relevant health information.

Insurance: The trainer's professional indemnity and public liability insurance obligations should be stated, together with a recommendation that the client consider personal accident insurance.

Privacy: Health information is sensitive information under the Privacy Act 1988 (Cth). The agreement should specify how the trainer will collect, store, and use the client's personal and health information.

Termination: The agreement should address the client's right to exit (and the refund terms for unused sessions) and the trainer's right to terminate for non-payment or unsafe behaviour.

Additional compliance elements for a Personal Training Agreement (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

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Reference this free template in an article, syllabus, or research note:

APA

Forms Legal. (2026). Personal Training Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/au-personal-training-agreement

MLA

"Personal Training Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/services/au-personal-training-agreement.

BibTeX
@misc{formslegal-au-personal-training-agreement,
  author       = {{Forms Legal}},
  title        = {Personal Training Agreement (Australia) (Australia)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/australia/business/services/au-personal-training-agreement}},
  note         = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}

Frequently Asked Questions

Based on Corporations Act 2001 (Cth) — Template last modified June 2026Verify the source →

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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