Terms of Service
By accessing this website or using the services provided by That Muscle Guy, you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree, please do not use this website or our services.
1. Definitions
In these Terms:
- "That Muscle Guy", "we", "us", or "our" means the myotherapy practice operated by Shaun Gaskett (BHSc. Myotherapy), ABN: 14 578 283 831, trading as That Muscle Guy.
- "Services" means myotherapy treatments, assessments, exercise programming, and all other clinical services provided by That Muscle Guy.
- "Website" means the website located at thatmuscleguy.com and all associated pages.
- "Client" or "you" means any person who accesses the Website or receives Services from That Muscle Guy.
- "Appointment" means a scheduled clinical treatment session at any That Muscle Guy clinic location.
2. Nature of Services — Not Medical Advice
That Muscle Guy provides myotherapy services, which is an allied health discipline focused on the assessment and treatment of musculoskeletal conditions. Myotherapy is not medicine and should not be treated as a substitute for medical advice or treatment by a registered medical practitioner.
The information published on this Website — including condition overviews, treatment descriptions, and clinical content — is provided for general educational purposes only. It does not constitute professional health advice or a treatment recommendation for your specific circumstances.
You are encouraged to seek the advice of your general practitioner or a qualified medical professional regarding any health condition before commencing myotherapy treatment, particularly if you have a serious or complex medical history.
3. Appointments and Bookings
Booking
Appointments may be made through our online booking platforms (Halaxy for Kenmore; the Jindalee clinic booking platform) or by contacting us directly. Completion of a booking constitutes your agreement to these Terms and to our clinical intake procedures.
Cancellation and Late Cancellation Policy
We request a minimum of 24 hours notice for cancellations or rescheduling. Appointments cancelled with less than 24 hours notice, or missed without notice (no-show), may incur a cancellation fee at our discretion. Repeated late cancellations may result in pre-payment being required for future bookings.
We reserve the right to cancel or reschedule appointments in exceptional circumstances, including practitioner illness or clinic closure. We will provide as much notice as possible in such cases and will not charge a fee for cancellations initiated by us.
Late Arrivals
If you arrive late to your appointment, treatment time may be reduced accordingly to avoid impact on subsequent clients. The full appointment fee applies regardless of the time used.
4. Fees and Payment
Our current fee schedule is available on request. Fees are payable at the time of each appointment by cash, EFTPOS, or credit card. We do not offer credit or deferred payment.
Private Health Fund Rebates
Myotherapy and remedial massage are rebatable under most Australian private health fund extras policies. Rebate amounts vary by insurer and policy level. We can process HICAPS claims on the day of treatment where HICAPS terminals are available. It is your responsibility to verify your entitlements with your insurer prior to your appointment. That Muscle Guy makes no guarantee as to the amount or availability of any rebate.
Medicare and DVA
Myotherapy services provided by That Muscle Guy are not currently covered under Medicare or the Department of Veterans' Affairs (DVA) schedules unless a specific arrangement is in place. Please enquire directly if you hold a DVA Gold or White Card.
5. Client Responsibilities and Informed Consent
Prior to commencing treatment, clients are required to complete a health intake form disclosing all relevant medical history, current medications, and known contraindications. Providing accurate and complete health information is your responsibility. That Muscle Guy accepts no liability for adverse outcomes arising from information that was withheld or inaccurately disclosed.
Informed consent will be obtained prior to the application of any treatment technique, including dry needling, cupping, and joint mobilisation. You have the right to decline any technique at any time without penalty. You may discontinue treatment at any time.
Post-treatment soreness, bruising (particularly following cupping), and temporary symptom fluctuation are commonly experienced and are not necessarily indicative of harm. Shaun will advise you of expected post-treatment responses prior to and following each session.
6. Contraindications and Clinical Boundaries
Certain conditions may contraindicate myotherapy treatment or specific techniques. If a contraindication is identified during assessment, Shaun will advise you and may recommend referral to an appropriate medical practitioner. That Muscle Guy reserves the right to decline or modify treatment where clinical safety requires it.
Myotherapy does not include the identification or labelling of medical conditions, prescription of pharmaceutical medications, or performance of procedures outside the recognised scope of myotherapy practice as defined by Massage & Myotherapy Australia (MMA) and applicable Australian standards.
7. Limitation of Liability
To the maximum extent permitted by the Competition and Consumer Act 2010 (Cth) and applicable Queensland legislation:
- That Muscle Guy's liability for any claim arising from the provision of Services is limited to the resupply of those Services or the refund of fees paid for the relevant appointment, at our discretion.
- We are not liable for any indirect, consequential, special, or punitive loss or damage arising from the use of our Services or Website, including but not limited to loss of income, loss of opportunity, or aggravation of a pre-existing condition.
- Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
8. Website Use
Acceptable Use
You may use this Website for lawful purposes only. You must not:
- Use the Website in any way that violates applicable Commonwealth or Queensland laws or regulations
- Transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of the Website or its underlying systems
- Use automated means (bots, scrapers) to access or collect data from this Website without our express written consent
Intellectual Property
All content on this Website, including text, clinical content, design elements, logos, and images, is owned by or licensed to That Muscle Guy and is protected by Australian and international copyright law. You may not reproduce, distribute, or publish any content without our prior written permission.
Website Availability
We do not warrant that this Website will be available at all times or free from errors. We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice.
9. External Links and Third-Party Services
This Website contains links to third-party platforms including Halaxy, book online, Google Maps, and Instagram. These links are provided for convenience only. That Muscle Guy does not control, endorse, or accept responsibility for the content, privacy practices, or terms of any third-party website or service. Use of third-party platforms is subject to their own terms and conditions.
10. Complaints and Dispute Resolution
If you have a complaint about any aspect of your treatment or our services, we encourage you to contact us directly in the first instance:
- Email: book@thatmuscleguy.com
- Phone: 0405 441 028
We will acknowledge your complaint within 5 business days and endeavour to resolve it within 30 days. If resolution cannot be reached directly, you may seek assistance from:
- Massage & Myotherapy Australia (MMA) — the relevant professional association for myotherapy in Australia
- Queensland Office of Fair Trading — for consumer protection matters
- Australian Competition and Consumer Commission (ACCC) — for matters involving Australian Consumer Law
11. Professional Registration and Standards
Myotherapy is not a profession regulated by the Australian Health Practitioner Regulation Agency (AHPRA). Shaun Gaskett is a member of Massage & Myotherapy Australia (MMA) and operates in accordance with MMA's Code of Practice and clinical standards. Professional indemnity and public liability insurance is maintained as required by MMA membership.
12. Changes to These Terms
We reserve the right to update these Terms of Service at any time. Changes will be published on this page with an updated effective date. Continued use of the Website or our Services following any change constitutes your acceptance of the updated Terms.
13. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in respect of any dispute arising in connection with these Terms or the Services.