Terms & Conditions
These terms apply to exercise physiology services provided by Force & Function. Please read them before your first appointment.
1. About these terms
These terms form the agreement between you (the client, or the person responsible for the client) and Force and Function Pty Ltd (ABN 52 696 427 577, ACN 696 427 577), trading as Force & Function ("we", "us", "our"). By booking, attending or paying for an appointment, you accept these terms.
Where you are funded through the NDIS, we will also enter into a separate service agreement with you. If anything in that service agreement conflicts with these terms, the service agreement applies.
2. Our services
Force & Function provides clinical exercise physiology delivered by an Accredited Exercise Physiologist (AEP) accredited with Exercise & Sports Science Australia (ESSA). Services are delivered as home visits across the Gold Coast, or by telehealth.
Exercise physiology is an allied health service. It is important you understand what it is and is not:
- We assess your physical capacity and prescribe, deliver and progress exercise as a clinical intervention.
- We do not diagnose medical conditions, order imaging, or prescribe or adjust medication.
- We do not provide physiotherapy, chiropractic, massage or manual therapy as a primary treatment.
- Where your presentation falls outside our scope, we will tell you and recommend you see your GP, a physiotherapist, or another appropriate practitioner.
Exercise physiologists are not registered under the Health Practitioner Regulation National Law. We practise in accordance with the ESSA Code of Professional Conduct and Ethical Practice and the National Code of Conduct for Health Care Workers (Queensland). See section 12 for how to raise a concern.
3. We are not an emergency service
Force & Function does not provide emergency or after-hours care. If you are experiencing a medical emergency, call 000 immediately.
For urgent health advice in Queensland, call 13 HEALTH on 13 43 25 84. If you are in crisis or need mental health support, contact Lifeline on 13 11 14 or Open Arms (veterans and families) on 1800 011 046.
4. Booking, referrals and eligibility
Some funding pathways require a valid referral before your first appointment. It is your responsibility to obtain and provide any referral, plan or claim details we need, and to tell us if they change or expire.
- Medicare: a GP referral under a Chronic Disease Management plan or Better Access referral is required before a rebate can be claimed.
- DVA: a valid referral for an accepted condition is required.
- NDIS: your plan must include appropriate Capacity Building supports, and we must have a signed service agreement in place.
- WorkCover: your claim must be open and the treatment approved by your insurer.
We may decline or discontinue services where we reasonably believe they are clinically inappropriate, unsafe, outside our scope, or where required referrals or approvals are not in place.
5. Home visits and a safe working environment
Because we come to you, we need your home to be a safe place to work. By booking a home visit, you agree to provide:
- safe, clear access to the property and to the space where the session will take place;
- enough clear floor space to exercise safely;
- pets secured away from the session area;
- a smoke-free environment for the duration of the session;
- a responsible adult present where this is necessary for your safety, or where the client is under 18.
We may end or decline a session where we reasonably believe the environment is unsafe, or where any person present is behaving in a way that is threatening, abusive, or affected by alcohol or other drugs. A session ended for these reasons is treated as a cancellation with less than 24 hours' notice under our Cancellation Policy.
We bring portable equipment appropriate to your program. We are not responsible for the condition or safety of equipment owned by you or by a third party, though we will tell you if we consider something unsafe to use.
6. Your responsibilities
Safe exercise prescription depends on accurate information. You agree to:
- give us complete and accurate information about your health history, symptoms, injuries, medications and any diagnosed conditions;
- tell us promptly about any change in your health, medication, or treatment from other practitioners;
- stop an exercise and tell us immediately if you experience pain, dizziness, chest discomfort, breathlessness or any unexpected symptom;
- wear clothing and footwear suitable for exercise;
- follow your program as prescribed, and tell us if you have not been able to.
7. Consent and the risks of exercise
Before beginning, we will explain your program and seek your informed consent. You may withdraw consent, decline any exercise, or stop a session at any time.
All exercise carries some inherent risk. Common effects include temporary muscle soreness and fatigue. Less commonly, exercise can aggravate an existing injury or cause a new one. Rarely, exercise can precipitate a serious adverse event such as a cardiac event. We reduce these risks by screening you, prescribing appropriately for your condition, and progressing you gradually — but they cannot be eliminated entirely.
Outcomes vary between individuals. We cannot and do not guarantee any particular clinical result.
8. Fees and payment
Our current fees are published on our booking page. Fees are payable on the day of service unless we are billing a funder directly on your behalf.
Home visits are included at no additional cost within 20 km of Southport. Beyond that radius a travel surcharge applies, which we will confirm with you before your first appointment.
We may change our fees from time to time. We will give you reasonable notice of a change before it applies to your appointments.
GST. All prices we display are the total amount payable and include GST where GST applies. Exercise physiology services funded under Medicare, the NDIS or DVA are GST-free. Privately funded exercise physiology may attract GST, because exercise physiology is not currently listed as a GST-free "other health service" under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Your invoice will show any GST charged.
9. Funding, rebates and unpaid claims
Where we bill a funder directly — Medicare, DVA, the NDIS, or a WorkCover insurer — we do so on your behalf and rely on the information you give us.
It is your responsibility to confirm your own eligibility and remaining entitlement. If a funder declines, reduces or reverses payment for a service we have provided — for example because a referral had expired, a plan had run out, or a claim was not approved — you remain responsible for the fee for that service, charged at our published rate.
We do not charge DVA clients a gap for services relating to an accepted condition.
10. Cancellations
Cancellations, missed appointments and rescheduling are governed by our Cancellation Policy, which forms part of these terms.
11. Your records and privacy
We keep clinical records of your care, and handle your personal and health information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. How we collect, use, store and disclose your information is set out in our Privacy Policy.
12. Professional standards and complaints
If you are unhappy with any aspect of your care, please tell us first — most concerns can be resolved quickly and directly. Contact us at Admin@forceandfunction.au or on 0435 537 959, and we will acknowledge your complaint and work with you to resolve it.
You are also entitled to raise a concern externally at any time, without contacting us first:
- Office of the Health Ombudsman (Queensland) — the independent body for health service complaints in Queensland, including about health care workers who are not registered practitioners. Phone 133 OHO (13 46 46) or visit oho.qld.gov.au.
- Exercise & Sports Science Australia (ESSA) — for complaints about an accredited exercise physiologist's professional conduct. Visit essa.org.au.
- NDIS Quality and Safeguards Commission — for NDIS participants. Phone 1800 035 544 or visit ndiscommission.gov.au.
- Office of the Australian Information Commissioner (OAIC) — for privacy complaints. Phone 1300 363 992 or visit oaic.gov.au.
A copy of the National Code of Conduct for Health Care Workers (Queensland) is available from the Office of the Health Ombudsman, and we will provide a copy on request.
13. Your rights under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including a guarantee that services will be provided with due care and skill. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have that cannot lawfully be excluded.
To the extent the law permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of having it resupplied. Nothing in these terms limits our liability for death or personal injury to the extent that liability cannot lawfully be limited.
We are not liable for loss or damage caused by you failing to disclose relevant health information, or by you not following the program or advice we have given.
14. Intellectual property
Exercise programs, handouts, written resources and reports we produce remain our intellectual property. You may use them for your own personal health purposes, and share them with your treating practitioners. Please do not reproduce or distribute them commercially without our written permission.
15. Changes to these terms
We may update these terms from time to time. The version published on this page at the time of your appointment is the version that applies. We will tell you about any significant change before it affects you.
16. Governing law
These terms are governed by the laws of Queensland and the Commonwealth of Australia, including the Australian Consumer Law as applied by the Fair Trading Act 1989 (Qld). Any dispute will be dealt with in the courts of Queensland.
17. Contact us
Force and Function Pty Ltd (ABN 52 696 427 577)
Email: Admin@forceandfunction.au
Phone: 0435 537 959
Southport QLD — servicing the Gold Coast and South-East Queensland