Personal Trainer Contracts Adelaide: Service Agreements for Trainers, Coaches and Pet Care Businesses
Service agreements for personal trainers, coaches and pet care businesses in South Australia
Trainers, coaches, dog walkers and groomers sell services to the public, and the client agreement decides what happens when a client cancels late, gets hurt, stops paying or asks for a refund. Talon Legal drafts and reviews client agreements, recreational services waivers and membership terms for Adelaide personal trainers, studios, coaches and pet care businesses. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Personal services agreement key facts
| Issue | Position in South Australia |
|---|---|
| Consumer guarantees | Services to a consumer must be rendered with due care and skill, be reasonably fit for any purpose the consumer makes known, and be supplied within a reasonable time where none is fixed (ACL sections 60 to 62). |
| Who is a consumer | A person who acquires services for $100,000 or less, or services of a kind ordinarily acquired for personal, domestic or household use (ACL section 3(3); regulation 77A). |
| No contracting out | A term is void to the extent it purports to exclude, restrict or modify the guarantees (ACL section 64). |
| Recreational services waiver | Allowed only for personal injury, in the prescribed form and agreed in the prescribed manner, among other conditions (Fair Trading Act 1987 (SA) section 42(2)). It does not cover significant personal injury caused by reckless conduct (section 42(3)). |
| Prescribed form | Form 1, Fair Trading Regulations 2025 (SA), signed and witnessed. It states that a child under 18 cannot agree to give up their rights, and nor can a parent or guardian for a child. |
| Unfair terms | A term of a standard form consumer or small business contract is void if unfair (ACL section 23(1)). Since 9 November 2023, making a contract with an unfair term the business proposed, or relying on one, is a contravention (section 23(2A) and (2C)). |
| Maximum penalty (unfair terms) | Body corporate: the greater of $100,000,000 and three times the benefit or, if that cannot be determined, 30% of adjusted turnover. Anyone else: $2,500,000 (section 224). |
| Subscriptions | From 1 July 2027, subscription contracts need an exit method that is easy to find and straightforward (section 48F). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Need a personal services agreement lawyer in Adelaide?
Our personal services agreement lawyers in Adelaide act for personal trainers, studios, coaches and pet care businesses. We draft personal trainer contracts, coaching agreements, membership and package terms, online fitness app terms, pet care agreements and recreational services waivers. The Australian Consumer Law sets guarantees that cannot be contracted out of, and section 42 of the Fair Trading Act 1987 (SA) allows a limited waiver for recreational services. This page states the law current to 6 November 2026.
This guide is part of our professional services practice. Related guides cover service agreements and terms of business, online sales terms and consumer law, website terms of use and data protection and privacy.
For client testimonials, before-and-after photos and influencer deals, see our guides to testimonial and image consents and influencer and endorsement agreements.
Trainers and coaches who sell memberships, apps or online programs can see our guides to subscription and membership terms, app terms and conditions and online course terms and disclaimers.
Free Consultation. Send us your client terms and waiver before the next sign-up. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- What should a personal trainer contract cover?
- How should cancellations, no-shows and termination work?
- What does a pet care service agreement need?
- Which consumer guarantees apply?
- Can clients waive their rights for recreational services?
- What can trainers and coaches claim about results?
- Are package and membership terms fair?
- What changes for subscriptions from 1 July 2027?
- How should client health information be handled?
- How similar matters tend to play out
- How we act on personal services agreements
- Case law
- Frequently asked questions
What should a personal trainer contract cover?
What is being sold, how it is booked and paid for, how it can be cancelled, and the client’s health. A personal trainer contract, a coaching agreement and a studio membership need the same core terms, adjusted to how the service is delivered.
Start with the service. Say what a session includes, how long it runs, where it happens and who delivers it. For packages, say how many sessions they include, when they expire, and whether unused sessions roll over or transfer.
Bookings and payment come next: how sessions are booked and rescheduled, the notice needed to cancel, late arrivals, and whether payment is upfront, by instalments or by direct debit.
The client’s health belongs in the sign-up, through a pre-exercise health and fitness questionnaire completed before the first session. The agreement should require the client to answer it truthfully and keep it up to date, and to stop if they feel pain or dizziness. Where the answers raise a concern, the trainer should be able to require medical clearance and to modify or decline the training.
Coaching agreements need a defined scope, including that the coaching is not medical, psychological or financial advice. Online plans and apps need terms accepted before purchase, covering access, the content licence, payment and how a subscription ends.
Photos and testimonials need separate written consent, which the client can refuse or withdraw without losing the service. Every client should sign or accept the terms before the first session.
How should cancellations, no-shows and termination work?
Clearly, and in proportion. A cancellation policy should state the notice needed to cancel or reschedule without charge and the charge for a late cancellation or no-show. A common approach treats a missed session as used.
Where a sum is payable on default, the question is whether it is out of all proportion to the interests the provision is meant to protect, and those interests can be of a business or financial nature. That is how Kiefel J (French CJ agreeing) put it in Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28 at [29]. A no-show fee that reflects the lost session is easier to defend than one that forfeits a whole package.
Packages and memberships need rules on expiry and rollover, set out before the client pays, and a suspension clause for injury, illness, pregnancy or travel. Either side should be able to end the agreement on notice, and the business for non-payment or unsafe conduct. Whatever the terms say about prepaid sessions cannot cut down the consumer guarantees (ACL section 64).
What does a pet care service agreement need?
Terms about the animal as well as the service. A dog walking, grooming or pet sitting agreement should record the pet’s health, medications, vaccinations and behaviour history. The owner should warrant that information and keep it current.
Handling rules come next: on or off lead, alone or in groups, travel in the business’s vehicle, and muzzles. The business should be able to refuse or stop a service if an animal is aggressive, distressed, unwell or unsafe to handle, with payment for the service provided to that point.
A vet authority lets the business obtain urgent treatment if the owner cannot be reached. It should name the preferred vet and say who pays, up to any spending limit. Consent to products such as flea treatments should be express. Sitters holding keys and alarm codes should say how they are stored and returned.
The consumer guarantees apply to pet care. Grooming and walking are services of a kind ordinarily acquired for personal, domestic or household use, so the owner is a consumer and the service must be rendered with due care and skill (ACL sections 3(3) and 60). A clause saying the business takes no responsibility for injury to a pet is void to the extent it purports to exclude that guarantee (section 64(1)). A recreational services waiver does not help, because it must be limited to liability for personal injury suffered by the consumer or a third party consumer (Fair Trading Act section 42(2)(a)).
Which consumer guarantees apply?
Three guarantees apply to services supplied to a consumer. The services must be rendered with due care and skill (ACL section 60). They, and any resulting product, must be reasonably fit for any purpose the consumer makes known (section 61(1)). Where the contract fixes no time, they must be supplied within a reasonable time (section 62).
Most clients of trainers, coaches and pet care businesses are consumers. A person acquires services as a consumer if the amount paid or payable is no more than $100,000, or if the services are of a kind ordinarily acquired for personal, domestic or household use (section 3(3); Competition and Consumer Regulations 2010 regulation 77A).
Section 61 matters for trainers, because a client who says they are training for an event, or around an injury, has made a purpose known.
The guarantees cannot be contracted out of. A term is void to the extent it purports to exclude, restrict or modify them, or has that effect (section 64(1)). Terms that limit remedies to supplying the service again borrow from section 64A, which applies only to services not of a kind ordinarily acquired for personal, domestic or household use (section 64A(2)). Business coaching may fit; a personal training session rarely will.
“No refunds” wording carries a second risk. A false or misleading representation concerning the existence, exclusion or effect of a guarantee, right or remedy is prohibited (section 29(1)(m)). In ACCC v Booktopia Pty Ltd [2023] FCA 194, Booktopia accepted that its two business day notification term represented that consumers had to notify within that time to have a remedy ([18]). The Court ordered a $6,000,000 penalty for the section 29(1)(m) contraventions.
Can clients waive their rights for recreational services?
Yes, in a limited way, and only under section 42 of the Fair Trading Act 1987 (SA). A term of a contract for the supply of recreational services to a consumer may exclude, restrict or modify the guarantees in ACL sections 60 and 61 (section 42(1)). Five conditions apply (section 42(2)).
- The term is limited to liability for personal injury suffered by the consumer or a third party consumer.
- It contains the prescribed particulars and is in the prescribed form.
- It is brought to the consumer’s attention before the services are supplied.
- The consumer agrees to it in the prescribed manner.
- A statement of any other prescribed information is made available.
Recreational services are participation in a sporting activity or similar leisure time pursuit, or any other activity involving a significant degree of physical exertion or physical risk undertaken for recreation, enjoyment or leisure (section 42(7)). Group training, bootcamps, sport coaching and personal training sessions can fall within that. A nutrition plan or a dog groom is unlikely to.
The prescribed form is Form 1 in Schedule 1 of the Fair Trading Regulations 2025 (SA). It explains the guarantees and warns that signing may mean compensation is not payable for personal injury. It tells the consumer they do not have to agree, though the supplier may then refuse the services, and it is signed, dated and witnessed.
The form also states that a child under 18 cannot legally agree to exclude, restrict or modify their rights, and that a parent or guardian acquiring recreational services for a child cannot agree to that for the child. Junior sport and kids’ fitness businesses cannot rely on a waiver for children.
Reckless conduct causing significant injury is not covered (section 42(3)). Reckless means the supplier was aware, or should reasonably have been aware, of a significant risk of personal injury and went ahead despite the risk and without adequate justification (section 42(7)). A term is also void if it purports to indemnify the supplier against liability that cannot be excluded (section 42(4)).
Old templates are a trap. Waivers that rely on the Recreational Services (Limitation of Liability) Act 2002 (SA) are out of date, because that Act was repealed on 1 January 2011. A generic “at your own risk” disclaimer is not in the prescribed form either, and without section 42 a term excluding the guarantees is void (ACL section 64(1)).
What can trainers and coaches claim about results?
Only what they have reasonable grounds to claim. A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive (ACL section 18(1)). A representation about a future matter, such as weight lost or income earned after coaching, is taken to be misleading if it is made without reasonable grounds (section 4(1)).
Testimonials and benefits have their own rules. A false or misleading representation that purports to be a testimonial is prohibited (section 29(1)(e)), as is one about the performance characteristics, uses or benefits of services (section 29(1)(g)). Section 29 carries pecuniary penalties, so before-and-after photos and transformation stories should be genuine and used with consent.
Are package and membership terms fair?
They need to be. Package, membership and app terms are usually standard form contracts, and a contract alleged to be one is presumed to be standard form unless another party proves otherwise (ACL section 27(1)). A term of a standard form consumer or small business contract is void if it is unfair (section 23(1)).
A term is unfair if it would cause a significant imbalance in the parties’ rights and obligations, is not reasonably necessary to protect the legitimate interests of the party it advantages, and would cause detriment if applied or relied on (section 24(1)). A term is presumed not to be reasonably necessary unless the advantaged party proves otherwise (section 24(4)).
The Act’s examples of terms that may be unfair include terms letting only one party terminate, vary or renew the contract, terms penalising only one party for breach or termination, and terms letting one party vary the upfront price without the other being able to terminate (section 25(b) to (f)).
Automatic renewal is the classic problem. In ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224, the Federal Court declared eight terms of a supplier’s small business standard form contracts unfair and void. It accepted that an automatic renewal clause created a significant imbalance where customers were bound to a further term unless they cancelled within 30 days before the end of the term, with no notice of expiry ([56]). The supplier did not show the terms were reasonably necessary ([57] to [58]). The same unfairness test applies to consumer contracts, and to a business coach’s small business clients (section 23(4)).
Since 9 November 2023, making a standard form contract containing an unfair term the business proposed, or applying or relying on one, is a contravention, and each term counts separately (section 23(2A) to (2C)). The maximum penalty for a body corporate is the greater of $100,000,000 and three times the benefit obtained or, if the benefit cannot be determined, 30% of adjusted turnover during the breach turnover period. For anyone else it is $2,500,000 (section 224).
What changes for subscriptions from 1 July 2027?
New rules for subscription contracts. The Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 (Cth) received assent on 6 July 2026 and commences on 1 July 2027. It inserts a new Division 4A into Part 3-1 of the ACL.
The Division covers subscription contracts, including contracts for an indefinite period and other categories (section 48B), subject to exclusions (section 48C). It deals with disclosure when a subscription is offered (section 48D) and information while the contract is in effect (section 48E). It requires an exit method: a way to end the contract that is easy to find and straightforward (section 48F).
A monthly membership or coaching plan that rolls on until cancelled is the obvious candidate.
How should client health information be handled?
Carefully, because a questionnaire collects health details. Whether a trainer, coach or pet care business has obligations under the Privacy Act 1988 (Cth) needs checking, and part of that check is the small business operator test in section 6D.
A business is a small business if its annual turnover for the previous financial year was $3,000,000 or less (section 6D(1)). A small business operator carries on one or more small businesses and no business that is not small (section 6D(3)). But a business that provides a health service and holds health information, other than in an employee record, is not a small business operator, whatever its turnover (section 6D(4)(b)). Whether a fitness or coaching business provides a health service depends on what it does. The data protection and privacy guide explains what follows from the test.
A business covered by the Act must take steps reasonable in the circumstances to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure (APP 11.1). Those steps include technical and organisational measures (APP 11.3).
In practice, keep questionnaires in a secure system rather than phone photos, and limit access to the trainers who need them.
How similar matters tend to play out
Three illustrations of how the law on this page combines on ordinary facts. They are not predictions. Outcome depends on the documents, the evidence and the decision maker.
Lower range. A mobile dog groomer’s terms say the business takes no responsibility for injuries to pets, and a dog is nicked by clippers during a groom. The owner is a consumer, the groom had to be rendered with due care and skill (section 60), and the exclusion is void to the extent it purports to exclude that guarantee (section 64(1)).
Middle range. An online coaching business sells twelve-month memberships that renew automatically unless the member cancels within a short window, with no reminder, and advertises guaranteed weight loss. The renewal term invites the significant imbalance analysis accepted in JJ Richards ([56]). The guarantee is a representation about a future matter needing reasonable grounds (section 4(1)). From 1 July 2027 the business will also need an exit method that is easy to find and straightforward (section 48F).
Upper range. A bootcamp operator uses an old waiver that cites the repealed Recreational Services (Limitation of Liability) Act 2002. A participant is seriously injured on equipment the operator knew was unstable. The waiver is not in the prescribed form (section 42(2)(b)), so it does not exclude the guarantees (section 64(1)). Even a compliant waiver would not cover significant personal injury caused by reckless conduct (section 42(3)).
How we act on personal services agreements
We act for personal trainers, studios and gyms, coaches and pet care businesses. The aim is terms clients understand and a waiver that works where the law allows one.
| Stage | What happens | What we do |
|---|---|---|
| Set-up | The business decides what it sells: sessions, packages, memberships, online plans or pet care. | Map the services against the consumer guarantees and decide whether a section 42 waiver is available. |
| Drafting | The client agreement, questionnaire, waiver and policies are prepared or reviewed. | Draft them in plain language, with the waiver in the prescribed form and fair cancellation, package and renewal terms. |
| Online sales | The terms move to a website, app or booking platform. | Align checkout, subscription and refund wording with the ACL, and prepare for the 1 July 2027 subscription rules. |
| Incident | A client or animal is injured, or a refund is demanded. | Advise on the agreement, the waiver, the guarantees and the response. |
| Review | Services, prices or the law change. | Update the terms, the waiver and the privacy wording. |
We cannot promise an outcome, and no lawyer can. We can make sure the terms match the services and the law that governs them.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Personal services case law
None of the decisions below concerned a trainer, coach or pet care business; each decided a point that applies to their client terms.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 | Federal Court | Automatic renewal and other standard form terms declared unfair and void | [56] to [58] |
| ACCC v Booktopia Pty Ltd [2023] FCA 194 | Federal Court | Short notification term misrepresented consumers' rights; $6,000,000 penalty | [15], [18] |
| Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28 | High Court | A sum payable on default tested against the interests it protects (Kiefel J) | [29] |
Case notes
ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224
The Court declared eight terms of the supplier’s small business standard form contracts unfair and void, including automatic renewal, price variation and termination terms (declarations). It accepted that the automatic renewal clause created a significant imbalance ([56]), and that the supplier had not shown the terms were reasonably necessary ([57] to [58]).
ACCC v Booktopia Pty Ltd [2023] FCA 194
The returns policy included a term requiring notice of incorrect, damaged or faulty items within two business days of delivery ([15]). Booktopia accepted that the term represented that consumers had to notify within that time to have a remedy ([18]). The Court declared contraventions of sections 18 and 29(1)(m) and ordered a $6,000,000 penalty for the section 29(1)(m) contraventions (orders).
Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28
Kiefel J (French CJ agreeing) said the question is whether a provision for payment of a sum on default is out of all proportion to the interests of the party it is meant to protect, which may be of a business or financial nature ([29]). Both appeals were dismissed with costs (orders).
Frequently asked questions
Do personal trainers need a waiver in South Australia?
A waiver is optional, but only one that complies with section 42 of the Fair Trading Act 1987 (SA) can exclude the due care and fitness for purpose guarantees for recreational services, and only for personal injury.
Can a parent sign a waiver for a child?
No. The prescribed form states that a parent or guardian acquiring recreational services for a child cannot legally agree to exclude, restrict or modify the child’s rights, and that a child under 18 cannot agree either.
Do old waiver templates still work?
Not if they rely on the Recreational Services (Limitation of Liability) Act 2002 (SA), which was repealed on 1 January 2011. A current waiver must meet section 42 and use the prescribed form.
Can a trainer charge for a missed session?
Yes, if the agreement says so, but the fee should not be out of all proportion to the interests it protects (Paciocco, Kiefel J at [29]).
Can a personal trainer have a no refunds policy?
Not one that removes the consumer guarantees. A term that excludes, restricts or modifies them is void (ACL section 64), and misrepresenting a consumer’s rights or remedies is prohibited (section 29(1)(m)).
Do consumer guarantees apply to dog walking and grooming?
Yes, where the owner is a consumer, as pet owners usually are. The service must be rendered with due care and skill (ACL section 60), and a term excluding that guarantee is void to that extent (section 64).
Can a coach promise results?
Not without reasonable grounds. A representation about a future matter made without reasonable grounds is taken to be misleading (ACL section 4(1)), and misleading conduct in trade or commerce is prohibited (section 18(1)).
Are automatic renewals allowed for memberships?
Yes, but they carry risk. In JJ Richards, the Court accepted that an automatic renewal clause with no notice of expiry created a significant imbalance ([56]).
Does a trainer need to protect clients' health information?
If the business is covered by the Privacy Act, yes: it must take reasonable steps to protect personal information it holds (APP 11.1).
Do I need a lawyer for a personal trainer contract?
For any business selling packages, memberships or recreational services, yes. A lawyer can align the personal trainer contract, waiver and online terms with the law before an injury or refund dispute tests them. A free 30-minute consultation will tell you where you stand.
Related professional services guides
Related guides
- Professional services lawyers Adelaide
- Service agreements and terms of business
- Consulting agreements
- Quotes and variation agreements
- Confidentiality agreements
- Associate agreements for health practices
- Online sales terms and consumer law
- Website terms of use
- Software and SaaS agreements
- Data protection and privacy