1. Welcome:

• Welcome to our facility (Functional Patterns Sydney), outlined here are the terms and conditions we ask you to uphold whilst engaging with our services/ practitioners/facility. By submitting the medical waiver you are also signing this agreement with us.

• Be aware that Functional Patterns Sydney PTY LTD is a Functional Patterns licensee, Functional Patterns headquarters have no legal or financial connection to Functional Pattern Sydney PTY LTD.

• Any complaints, concerns, compliments, or any other dealings are to be directed to Functional Patterns Sydney owners/ managers/practitioners where appropriate.

2. Changes to Terms and Conditions:

• You are bound by and have to uphold the “Terms and conditions”. You have been provided with a current copy of the T&Cs. The T&Cs may be changed or updated by Functional Patterns Sydney at any time at its sole discretion and without prior notice.

• The current version will be uploaded to the Functional Patterns Sydney website. Notice may or may not be provided to the your last known email address.

• You the client agrees to follow our rules and obligations written here in this document and any signage displayed at and around the facility.

3. Non-Disclosure Agreement:

• a. A Non-Disclosure Agreement must be signed prior to training with a Human Biomechanics Specialist contracted by Functional Patterns Sydney. You are to read and understand this document prior to signing and agree to protect all intellectual property shared with you by our Human Biomechanics Specialists practitioners before/during/after and in- between scheduled sessions.

4. Code of Conduct:

• There is a zero tolerance policy at the facility with aggressive, disrespectful or abusive behaviour towards our practitioners or other clients and will not be tolerated. Your access to our services/ facilities will be refused by Functional Patterns Sydney, if you do not adhere to these guidelines, or your behaviour in our facility is not acceptable or for any other reason that the management of Functional Patterns Sydney decides is appropriate.

• Functional Patterns Sydney reserves the right to refuse you (new or current client) in these circumstances and reserves the right to refuse you (new or current client) entry to the facility if under the influence of any substance that alters alertness, awareness or ability to stay safe whilst on our premises.

• As an extension of the NDA we have a strict no filming at the facility unless it has been agreed to by your practitioner. The intellectual property that we share with you remains the property of Functional Patterns and is not to be shared in any form including film.

5. Health and Safety:

• It is a requirement to have completed the Functional Patterns Sydney questionnaire and medical waiver forms before commencing any training at our facility. It is your responsibility to inform a practitioner of Functional Patterns Sydney of any change in your health and fitness so that your training can be appropriately modified. For our clients who are under the age of 16 years must have their parent/ guardian sign on their behalf.

• Any advice and/or recommendation by a Functional Patterns Sydney practitioner/ employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.

• You must not use any Functional Patterns Sydney facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other clients.

• You warrant that you are physically able to participate in any classes/programs or use any facilities in which you have chosen to participate, and have not been advised otherwise by your medial practitioner. You further warrant that you have no pre- existing medical condition that would otherwise prevent you from using the facilities and/or participating in any classes/program.

• You are required under these T&Cs to bring a towel to all sessions (including classes) you attend at the facility. If you do not bring one you will be required to:

  - hire one for $10
  - buy an FP Sydney towel for $35

6. Limitation of Liability:

• You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or Functional Patterns Sydney, or may not be foreseen or reasonably foreseeable at this time or at the time of using the facilities or participating in the class/program.

• You assume the foregoing risks including risk of any negligence by Functional Patterns Sydney and its respective owners, directors, employees or contractors, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of the facility or participation in classes/programs by you, or any minor/person under your supervision, care or control.

• It is your responsibility to ensure that you correctly operate equipment. If you are in doubt as to how to correctly operate or use any facilities or equipment, you must consult a Functional Patterns Sydney practitioner for assistance.

7. Privacy Policy:

• Functional Patterns Sydney is committed to protecting the privacy of our clients. This policy outlines what information we collect, how we use it, and how we keep it safe.You assume the foregoing risks including risk of any negligence by Functional Patterns Sydney and its respective owners, directors, employees or contractors, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of the facility or participation in classes/programs by you, or any minor/person under your supervision, care or control.

• What we collect. When you enquire, book a session, or become a client, we collect personal information including your name, contact details, date of birth, and information you provide about your movement history, pain, injuries, goals, and general health. We also collect payment and billing information through Square and Xero, and booking and attendance data through Mindbody.

• Sensitive information. We treat information about your health, injuries, and physical condition as sensitive information under the Privacy Act 1988. We only collect this information with your consent, and only where it's needed to deliver your sessions safely and effectively. Completing our intake questionnaire constitutes your consent to us collecting and using this information for that purpose.

• How we use it. Your information is used to deliver your sessions, match you with an appropriate practitioner, communicate with you about your bookings, process payments, and improve the service we provide. Your practitioner accesses your intake information to prepare for and deliver your sessions. Administrative staff access it to manage scheduling, billing, and follow-up.

• Who we share it with. We do not sell your personal information. We do not share it with data brokers, advertisers, or third parties for marketing purposes. The only parties who access your information are:

  Your practitioner and the Functional Patterns Sydney team, for the purpose of delivering your training.

  Our operational software providers (Mindbody for booking, Square for payments, Xero for accounting, JotForm for intake forms, Gmail and Squarespace for communication and website). These providers host data on our behalf under their own security and privacy obligations.

  Legal or regulatory bodies, where we're required by law to disclose information.

• How we store it. Client information is stored within the platforms listed above, which use industry-standard encryption and access controls. Access within our team is limited to staff who need it for their role.

• Website tracking and cookies. Our website uses Google Analytics (GA4) to understand how visitors find and use the site. This collects anonymised data such as pages viewed, time on site, and general location. We also use Meta (Facebook/Instagram) tools to measure the performance of our social media campaigns. You can opt out of Google Analytics through your browser settings or Google's opt-out tool, and you can adjust Meta tracking through your Facebook or Instagram ad preferences. Our website also uses cookies to remember basic preferences and support core functionality. You can disable cookies through your browser settings.

• Email communication. If you join our mailing list or receive communication from us, you can unsubscribe at any time using the link in any email we send. We comply with the Spam Act 2003 and only send marketing communication to people who have consented to receive it.

• Data retention. We retain client records for 7 years after your last session, in line with general Australian record-keeping practice. Intake forms, session notes, and attendance records are kept for this period so we can provide continuity of care if you return, and to meet our tax and accounting obligations. Marketing and enquiry data (such as contact form submissions that don't become clients) is retained for 2 years. After these periods, data is deleted or anonymised.

  Data breaches. In the event of a data breach affecting your personal information, we will notify you and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme.

• Your rights. You can ask to see what information we hold about you, correct anything inaccurate, or request deletion of your data (subject to legal retention obligations). Email Sydney@functionalpatterns.com and we'll respond within 30 days.

• Changes to this policy. We review this policy annually. Material changes will be communicated to active clients by email.

8. Personal belongings:

• Functional Patterns Sydney is not responsible for any lost or stolen items. Clients are advised to avoid bringing Items of value into the facility.

• Lost/abandoned items that are left behind are kept at the facility for 2 weeks and if not claimed in that period of time they will be disposed of or donated if appropriate.

9. Cancellation policy:

• Should you need to cancel a 1 on 1 session we require 24hrs notice directly to the practitioner’s mobile number that your session is scheduled with, if you do not have their phone number a message to the Functional Patterns phone number (0451984545) is to be used only in these circumstance. Please make yourself familiar with your practitioners details.

• If a session is cancelled within 24hrs we require the full fee for the session.

• In extreme circumstance at the discretion of your practitioner they may offer an alternate appointment within the proceeding 7 days (if your practitioner is available). The rescheduled session is in addition to the regular schedule of sessions and cannot be cancelled otherwise will require payment of the full fee.

10. Payment:

• Payment for the Initial consultation is to be paid at time of booking or within 24 hrs of booking the appointment. If the session is cancelled or rescheduled prior to the preceding 24hrs a refund will be honoured. However, if the session is cancelled within 24hrs of the scheduled appointment the full fee will be retained by Functional Patterns Sydney PTY LTD as per our cancelation policy above.

• Payment for 1 on 1’s must be finalised at the end of each session as per the schedule of fees at the end of this document. Options of payment include eftpos, cash, bank transfer or via the MindBody app.

• 20 session packs are available to lock in 20 sessions at a 5% discount. The sessions are prepaid and attract a no refund policy. The 20 sessions must be completed within a 6 months period and are not transferable. If you require a payment plan this can be arranged via direct debit only with your practitioner on the MindBody app. Payments must be completed (paid in full) in the same timeframe of the 20 session’s schedule, i.e there must be no fees owing at the completion of the 20 sessions. Once you have agreed to purchase a 20 pack on a payment plan the payments must be completed and are not to be withdrawn.

11. Group Classes:

• Classes are offered at the rates specified at the end of this document in our schedule of fees. There is a discounted rate when classes are purchased in packs of 5. The 5 pack is to be used within a period of 3 months and also attracts a no refund policy and passes are not transferable

• It is at the discretion of your practitioner to determine your suitability to attend classes. If you are experiencing acute pain/injury it is strongly recommended to refrain from attending classes until the pain/injury has resolved.

• For your safety and to help you achieve your intended goals it is a prerequisite to have attended an initial consultation prior to attending any class to assess suitability.

• It is a requirement that you maintain 1 on 1 sessions whilst participating in classes at the minimum once a fortnight.

• Classes will be cancelled when there are less than 2 participants booked with a minimum of 2 hrs notice.

• A no refund policy stands when purchasing classes, if a class is cancelled you are free to use the purchased pass to book into another class at a future date.

12. Practitioner in Training:

• From time to time you may be asked to assist our new practitioners by participating in the induction process. This includes and is not limited to allowing new practitioners to shadow your assigned practitioner and also participating in free sessions with the new practitioners.

• You will be asked to provide feedback on our new practitioners if you choose to participate.

• Although these sessions are free of charge we do request that you uphold the cancellation policy and provide our Practitioners in training 24hrs notice if you need to cancel.