Terms of Service – Empowered By Science (HEALTH HUBB PTY LTD)

Effective Date: 21 March 2026

Introduction: This Terms of Service Agreement (“Agreement”) is a legally binding contract between HEALTH HUBB PTY LTD (ACN 614 585 910) trading as Empowered By Science (“we”, “us”, “our” or “the Coach”) and you, the individual client (“you” or “Client”). Empowered By Science is an Australian online coaching provider offering fitness training, nutrition guidance, and business mentoring services entirely online. The head coach, Benjamin Nef, holds qualifications in fitness, exercise science, nutrition, and business; however, he is not a medical practitioner or dietitian and does not provide medical or therapeutic advice (see Section 7). By enrolling in or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use our Services.

Definitions: In this Agreement, “Services” refers to all coaching and related products we offer (detailed in Section 1). “Coach” refers to Empowered By Science and any of our coaches, employees, subcontractors, or agents who deliver the Services (including Benjamin Nef and any additional coaches we may engage). “EverFit” refers to the third-party platform we use for delivering the online fitness and nutrition content (see Section 6). “Client” or “you” refers to the individual receiving the Services. Other capitalized terms may be defined within this Agreement.

Governing Law: This Agreement is governed by the laws of Australia. We nominate the laws of the State of Western Australia (WA) as the governing law (and jurisdiction) for any disputes, to the extent not overridden by mandatory consumer laws elsewhere . We comply with the Australian Consumer Law (ACL) and nothing in this Agreement purports to exclude or limit any non-excludable rights you have under the ACL. If you are an international client, you may have additional rights under your local consumer laws; this Agreement is not intended to limit any such rights that cannot be excluded by contract . In the event of any conflict, Australian law (WA) will prevail. Section 11.4 below provides more details on consumer guarantees and our limitations consistent with applicable law.

1. Scope of Services

1.1 Services Offered: Empowered By Science provides online coaching and educational services in the fields of fitness, nutrition, and business mentoring. Our Services include, but are not limited to, the following:

• Training Programs: Personalized fitness programs, workout plans, and exercise routines delivered virtually (e.g., through the EverFit app or via email). These may involve custom training schedules, demonstration videos, and performance tracking. One-on-one coaching sessions or group virtual workouts may be included as part of certain programs. All exercise guidance is provided remotely; no in-person supervision is offered.

• Nutrition Plans: General nutritional guidance, meal planning, and healthy eating recommendations tailored to your goals. Note: We are not licensed dietitians or healthcare professionals, and any nutritional advice provided is for informational purposes only (see Section 7 for important health disclaimers) .

• One-on-One Mentoring: Individual coaching calls or video conferences (via Zoom, phone, EverFit, or similar platforms) focusing on fitness coaching, lifestyle habits, or business mentoring (entrepreneurial or fitness industry business coaching). Business mentoring may cover general strategies and personal experience sharing, but does not include professional financial, legal, or accounting advice (see Section 7.6) .

• Virtual Q&A and Group Sessions: Interactive Q&A sessions, webinars, or group coaching calls where clients can ask questions and receive guidance in a community setting. These might be live or pre-recorded. Any such sessions are conducted online via our chosen platforms.

• Fixed-Term Programs and Packages: Structured programs of a defined duration (e.g., an 8-week fitness transformation, a 12-week business coaching package, or joint/coached programs for couples or partners). Joint programs for two or more participants are allowed; each participant must be a Client bound by this Agreement. If you sign up on behalf of someone else, you represent you have authority to bind them and that both of you agree to these terms .

• Subscription Services: Ongoing membership programs billed periodically (e.g. monthly subscriptions) that provide continuous coaching access, such as recurring workout and meal plan updates, regular check-ins, and access to member-only content or community forums. Subscription details and billing terms are described in Section 3.

• Downloadable Content: Digital products such as e-books, PDF guides, video courses, or other materials that can be purchased or accessed digitally. These are typically for self-directed use and subject to the license in Section 9.

1.2 Exclusions: Our Services are limited to coaching and general wellness/business guidance. We do not provide medical, therapeutic, or mental health services, dietetic services, or any other regulated professional services that would require licensure (e.g., medical treatment, physical therapy, psychological counseling, or individualized dietetics) . We also do not provide financial or legal advice as part of business mentoring, nor do we make business decisions for you – you remain solely responsible for your business outcomes (see Section 7.6) . We will not purchase equipment or products on your behalf, and we will not physically accompany you to any gym or location (all Services are delivered remotely unless expressly agreed otherwise) . Any service not explicitly described in this Agreement or on our official website at the time of your enrollment is outside the scope of our Services.

1.3 Service Delivery: All Services are delivered online-only. We primarily use the EverFit application to deliver fitness and nutrition content (workouts, habit tracking, messaging, etc.), and may use other digital platforms for coaching calls or content delivery (such as Zoom for video calls, email for communications, or a private forum/group for community interactions) . You acknowledge that our coaching is not conducted in person and there is no physical supervision – you will be following our guidance independently at your location. We reserve the right to adjust our delivery methods and tools as the business evolves (for example, introducing a new app or members’ portal). Any new delivery method will still be governed by this Agreement. We will notify you of significant changes in how we deliver the Service if they materially affect your experience.

1.4 Changes to Services: We may update or modify the specific Services offered over time (for example, adding new program options, changing program durations, or improving content to align with the latest science or client feedback). Minor modifications that do not diminish the value of the Service (e.g., updated meal plans, improved app features, minor schedule tweaks) may be made at our discretion without specific notice, in order to enhance your experience or comply with new laws or guidelines. If we make a significant change to a Service you have already purchased that materially affects its nature or value (for instance, substituting one-on-one sessions with group sessions, or significantly changing program length), we will provide advance notice. In such a case, you may accept the change or choose to cancel that Service and receive a prorated refund for any portion you paid for but will not receive . Continuing to use the Service after a change is implemented constitutes your acceptance of the modification.

2. Client Eligibility and Responsibilities

2.1 Minimum Age: You must be at least 18 years old to purchase or participate in our Services on your own. If you are under 18, you may only participate with the involvement of a parent or legal guardian who consents and agrees to this Agreement on your behalf . By accepting this Agreement, you confirm that you meet the age requirement or have obtained the necessary guardian consent. We reserve the right to request proof of age or guardian consent if we suspect you are underage.

2.2 Medical Clearance and Personal Health: You represent that you are in sufficiently good health to undertake fitness/nutrition activities. Because our Services can involve strenuous exercise, dietary changes, and lifestyle adjustments, you must ensure that you have no medical condition or injury that would make it unsafe to participate. By enrolling, you warrant that either (a) you have consulted with a physician and been cleared to participate in a fitness and/or nutrition program, or (b) you knowingly accept the risks of participating without such medical clearance . You agree to fully disclose any relevant health conditions, injuries, pregnancy, disabilities, or medications to us before starting and promptly update us of any changes in your health during the program . This includes (but is not limited to) heart or cardiovascular issues, high blood pressure, respiratory conditions, joint or muscular injuries, recent surgeries, diabetes, allergies, or any other condition that could be affected by exercise or dietary changes. If you experience any unusual pain, illness, dizziness, excessive shortness of breath, or other warning signs during your participation, you must stop and seek medical advice immediately . You agree not to continue with any activity against medical advice.

2.3 Client Obligations and Conduct: You agree to actively and conscientiously participate in your program, and to adhere to the guidance and instructions we provide to the best of your ability. This includes the following duties:

• Honesty and Effort: You will provide truthful, current, and complete information about yourself as requested (e.g., during intake questionnaires, fitness assessments, food logs, business surveys, etc.), and will put forth genuine effort in completing your workouts, following your nutrition plan, and/or completing business mentoring tasks . Your results depend on your commitment; we expect you to take the program seriously.

• Safety and Self-Care: You must use common sense and exercise safely. Perform exercises in a safe environment – for example, use appropriate equipment in good working order, wear proper attire/footwear, ensure you have adequate space. Do not push beyond your physical limits. If an exercise feels unsafe or too difficult, pause and inform us so we can modify it. Never exercise while under the influence of alcohol or illicit drugs, or if you have any condition that makes exercise unsafe (e.g., acute illness or injury) . If you are pregnant or have a specific medical condition, follow your doctor’s guidelines on exercise. You are responsible for stopping any activity if you experience pain, dizziness, or signs of possible injury/illness, and seeking medical attention as needed . Use of any equipment is at your risk; we are not supplying equipment and are not responsible for equipment failure or misuse .

• Following Instructions: Adhere to the program plan and any rules or techniques we teach. Proper form and technique are crucial for safety – you agree to follow the exercise instructions as provided and ask for clarification if you are unsure how to perform something rather than risking incorrect execution . For business mentoring, you agree to thoughtfully consider our advice but apply your own judgment before making decisions; you will not interpret our guidance as a guarantee of success.

• Respecting Program Limits: Our programs are designed with specific structure. You agree not to materially deviate from the prescribed plan (for example, dramatically increasing exercise volume or drastically altering your diet beyond what is recommended) without consulting us, as such deviations could undermine your progress or safety . If you choose to do additional workouts or make changes on your own, you assume the risks of those choices.

• Use of Provided Content: Any workout plans, meal plans, or materials we provide are for your personal use only (see Section 9 on Intellectual Property). You must not share our proprietary materials or logins with others. If you have friends/family interested, refer them to us rather than distributing our content.

2.4 Personal Accountability: You understand that you are ultimately responsible for your results. We will provide professional guidance, support, and resources, but your progress depends on your commitment and consistency . You are responsible for managing your schedule to incorporate training and meal prepping, and for communicating with us if you face challenges so we can help adjust the program. For business coaching clients: you remain solely accountable for all business decisions, investments, and outcomes. Our mentorship is advisory in nature; any actions you take in your business are your own responsibility and at your own risk .

2.5 Appointments and Communication: If your program includes one-on-one sessions (e.g., coaching calls, check-ins), you are expected to attend these on time and prepared. We will schedule sessions by mutual agreement. Cancellation Policy: If you need to cancel or reschedule a session, you must give us as much notice as possible, ideally at least 24 hours in advance (see Section 5.1 for details on cancellations and rescheduling). Sessions canceled on short notice or missed without notice may be forfeited and not refunded or rescheduled . We understand emergencies can happen; we will handle exceptions per Section 5.1. You also agree to maintain respectful and timely communication with us via the agreed channels (EverFit app, email, phone, etc.). Prompt communication is crucial for effective coaching – if we reach out with questions or feedback requests, please respond in a reasonable timeframe.

2.6 Technology Requirements: Because our Services are delivered online, you are responsible for having the necessary technology to participate. This includes a reliable internet connection, a compatible device (e.g., a smartphone to run the EverFit app, a computer or tablet for video calls), and up-to-date software. You should also have the ability to view common file formats (PDFs, videos, etc.). We are not liable for any inability to access or use the Services due to your own technology failures or limitations . If you have technical issues on your side, we will try to accommodate (for example, emailing materials if the app isn’t working for you), but the responsibility to have proper access is yours.

2.7 Account Security: If you are required to create login credentials for any platform we use (such as EverFit or a members’ portal), you are responsible for keeping your username and password confidential. Do not share your login details with anyone else. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, notify us immediately. We reserve the right to suspend or terminate access to the Services if we suspect a breach of account security or sharing of accounts.

3. Fees and Payment Terms

3.1 Pricing: The fees for our Services (program prices, subscription rates, one-off product prices, etc.) will be communicated to you in advance. Pricing may be listed on our website, in the EverFit app, or in a proposal/invoice we send you . All prices are in Australian Dollars (AUD) by default, unless stated otherwise. If you are an international client and we accept payment in another currency, be aware that exchange rates or bank fees might apply (you are responsible for any such currency conversion or international transaction fees) . Australian GST (Goods & Services Tax) will be added to fees where applicable by law, and any other applicable taxes will be indicated. We will let you know the total price including any taxes before you purchase. You are responsible for any taxes in your own jurisdiction that may apply to the purchase (e.g., VAT if you are in the EU, sales tax in certain US states, etc., if applicable).

3.2 Payment Methods: We accept payment via the methods we make available, such as credit/debit card, PayPal, bank transfer, or other third-party payment processors . For subscriptions or installment plans, a credit/debit card or other form of automatic payment may be required to facilitate recurring charges . By providing a payment method, you represent that you are authorized to use that method and you authorize us (and our payment processor) to charge you for the Services (including recurring subscription payments, if applicable). You agree to keep your payment information (e.g., card details) up to date. If your payment method fails or is declined, you remain responsible for any amounts due. You are also responsible for any fees your own bank or card provider may charge (for example, overdraft fees, credit card interest, or international transaction surcharges) .

3.3 Payment Schedule: How and when fees are due depends on the type of Service:

• Fixed Programs / One-Time Purchases: For a one-time program or package (e.g., a fixed-length coaching program, or a custom plan purchase), payment is due in full at the time of enrollment (before the program starts) unless we agree in writing to a payment plan . We may offer installment payment options at our discretion for higher-cost programs; if an installment plan is agreed, you must pay each installment by its due date. Missing an installment may result in suspension of Services until payment is made, or termination of the program for breach (with no refund for portions missed due to non-payment) .

• Subscriptions: For subscription-based Services (e.g., a monthly coaching membership), you will be charged in advance on a recurring cycle (such as monthly, quarterly, or annually, as stated for the plan) . Your subscription will auto-renew until you cancel. We will bill the subscription fee to your provided payment method at each renewal without additional notice (billing dates are indicated in your subscription info). If a renewal charge fails, we will attempt to notify you or retry, but ultimately it’s your responsibility to ensure payment (see 3.6 on failed payments). You may cancel future renewals as described in Section 5.2; cancellation will stop future charges but generally does not entitle you to a refund for the current period (see Section 4.5).

• One-Off Sessions or Consultations: If you purchase a single session (for example, a one-hour video consultation or a single personal training session), we usually require payment at the time of booking to confirm the session . We reserve the right to not hold your spot until payment is received.

• Digital Products: Full payment is required at the point of purchase for any downloadable or access-on-demand product (like an eBook, video course, etc.) . Once payment is made, you will receive the product (download link or login credentials). Our refund policy for digital goods is described in Section 4.2 (generally no refunds once accessed) .

3.4 Invoices and Receipts: We will provide you with a receipt or confirmation for payments. Typically, an email confirmation or invoice is sent automatically upon successful payment or within a reasonable time thereafter . If you need a formal invoice (for example, for tax or reimbursement purposes) please let us know and we will provide one. Australian customers can request a tax invoice showing GST if applicable.

3.5 Changes in Fees: Our prices are subject to change over time. However, once you have signed up and paid for a Service, your fee is locked in for that Service term. For example, if you purchased an 8-week program at a certain price, we will not change that price for you mid-program. If you are on a subscription, we reserve the right to adjust the subscription rate for future billing periods (for instance, due to added features or general price updates) . If we increase subscription fees, we will give you at least 30 days’ notice by email or via the platform. The new price will apply to the next billing cycle after the notice period. If you do not agree to the new price, you may cancel your subscription before the change takes effect (Section 5.2 covers how to cancel). If you continue the subscription without canceling, that will be deemed acceptance of the new rate .

3.6 Late or Failed Payments: You are responsible for ensuring that your payments are made on time. If a scheduled payment fails (e.g., your credit card is declined or an installment is missed), we or our payment processor will generally retry the charge and/or contact you. If payment is not received within a short grace period (7 days unless otherwise noted), we may suspend your access to the Services until the account is brought current . This means we might pause your coaching, disable access to the app content, and/or not schedule further sessions until payment issues are resolved . We will notify you if we suspend service for non-payment. If fees remain unpaid beyond 7 days past due, we reserve the right to terminate your Services for breach of this Agreement . In such case, no refund will be given for any unused portion (since this is a breach on your part), and any outstanding balance for services already rendered will remain due . We further reserve the right to recover from you any reasonable costs of collection on overdue amounts, such as bank fees, debt collection agency fees, or legal fees, to the extent permitted by law .

3.7 No Chargebacks / Disputed Payments: You agree not to initiate chargebacks or payment disputes with your bank or credit card issuer without first contacting us and giving us an opportunity to address the issue. If you have a billing concern or believe you were charged in error, please notify us at [contact email] within 60 days of the charge and we will investigate in good faith . Should you initiate a chargeback or reversal of a legitimate charge in violation of this clause, and the chargeback is later resolved in our favor, you agree to reimburse us for any chargeback fees and resulting losses. This clause does not prevent you from disputing charges that are truly unauthorized or the result of our error or breach; it is intended to prevent misuse of chargebacks as a way to avoid contractual payments.

3.8 Free Trials and Promotions: We may offer free trials, introductory sessions, discounts, or other promotional offers for our Services from time to time. The following terms apply to any such offers:

• Free Trials: If you are granted a free trial or free access period for a Service, it is offered at our discretion and we may terminate or modify the trial at any time. Free trials are available only once per new client (or per household) unless stated otherwise; if you have already used a free trial, we reserve the right to charge you for continued use. No obligation: Free trials come with no obligation to continue the Service afterward – if you do not wish to continue, you must cancel before the trial ends to avoid charges (we will inform you if the Service will automatically convert to a paid subscription unless canceled). If you do not cancel and continue using the Service past the trial, you will be charged the applicable fees going forward. We make no promise that any features or pricing during a free trial will continue beyond the trial period; the Services may change when transitioning to paid status, and standard fees will apply.

• Discounts and Promotional Offers: Any discounted rates or promo codes must be applied at the time of purchase. Promotions are discretionary and we reserve the right to alter or withdraw a promotional offer at any time. Promotional discounts are only valid for the specified term – for example, a discounted first month of a subscription will revert to the regular price afterward, unless we explicitly state otherwise. Promotions cannot typically be combined with other offers. If we determine that a promotion is being misused or taken advantage of in violation of its terms (for instance, multiple sign-ups to claim a “new customer” discount multiple times), we may revoke the discount and charge the standard price or terminate the Service, at our discretion. All promotional offers are subject to availability and we may cap the number of participants or the duration of an offer.

• No Cash Value / Non-Transferable: Discounts, referral credits, or free sessions have no cash value (you cannot redeem them for cash) and are not transferable to others unless explicitly allowed by the promotion’s terms. We may impose an expiration date on any promotional offer or code.

• Revocation: We reserve the right to rescind any discount or complimentary service if we suspect fraud or a violation of our terms. For example, if you received a discounted coaching rate contingent on certain conditions (like being a student, or a limited time sign-up window), and those conditions were not met or no longer apply, we may adjust your fee to the standard rate going forward (with notice to you).

Promotions are meant as a good-faith incentive; they do not alter the legal protections or liabilities under this Agreement. We can discontinue promotional programs at our discretion without affecting ongoing Services (except that new sign-ups may no longer get the promotion).

4. Refund Policy

We want you to be satisfied with our Services, but we also need to be clear on our refund policy due to the nature of our offerings (time-intensive coaching and digital content). In general, all sales are final, and refunds are not provided simply for change of mind or lack of usage . By purchasing, you are reserving our time and resources, which may prevent others from booking that slot or accessing those materials. However, we will abide by Australian Consumer Law and any other applicable laws regarding refunds for service failures (see Section 11.4). We also outline below some specific scenarios and our approach:

4.1 Change of Mind or No-Use: We do not offer refunds if you simply change your mind about proceeding with the program, or if you fail to use the Service (for instance, if you stop engaging without canceling) . When you purchase a program or product, we commit resources to you (like scheduling coaches, preparing materials, or granting access to content). Choose your program carefully and ask any questions before purchasing. Once your program begins or digital product is delivered, the sale is final except as provided below.

4.2 Digital Products and Downloads: For one-off digital products (such as e-books, PDFs, video courses, or other downloadable content), all sales are final. Given the intangible nature of these products and instant access delivery, we cannot accept returns or offer refunds once the product has been accessed or downloaded . If you have technical trouble accessing a file or believe you received a faulty file (e.g., a corrupted download or wrong file), please contact us – we will ensure you get the correct product in working order, or provide a replacement file. If a digital product you purchased is not as described or is defective in a way that breaches a consumer guarantee, we will remedy this as required by law (which may involve a replacement or refund) .

4.3 Services (Coaching Programs): Except as required under law or explicitly promised here, fees for Services are non-refundable once the program has started . This means that if you enroll in a coaching program and then decide to withdraw before completing it, you will generally not be entitled to a refund for the unused portion. Our coaching slots and program capacity are limited, and an early cancellation doesn’t easily allow us to fill your spot after the fact. However, we make the following commitments and clarifications:

• Cooling-Off Period: If a mandatory cooling-off period applies due to specific local laws (for example, some jurisdictions mandate a cooling-off for certain fitness agreements or unsolicited sales), we will honor that as required . In most cases, our online sales are initiated by the client and are not subject to a statutory cooling-off, but we mention this to clarify we will comply where applicable.

• Major Service Failures: In line with the ACL, if a Service fails to meet a consumer guarantee and the failure is major (for example, the Service is not delivered substantially as described, or is unfit for its common purpose), you are entitled to a remedy which may include a refund for the unused portion . We will not unfairly refuse a refund in cases of clear major failures on our part. If you believe there has been a serious failure, please notify us in writing and give us the opportunity to resolve it or provide the appropriate remedy .

• Our Cancellation: If we (the Coach) cancel or terminate your program without cause (i.e., not due to your breach) before it is completed, we will refund the portion of fees for services not yet delivered . If we cancel a program entirely before it starts (e.g., we decide not to run a group challenge you signed up for), you will receive a full refund of any fees paid for that program .

• Extenuating Circumstances: We may consider partial refunds or credits in extraordinary circumstances at our discretion. For example, if you must withdraw due to a serious medical condition or injury that genuinely prevents you from continuing and you notify us promptly, we might offer a pro-rated refund or credit for the unused portion as a goodwill gesture . This is handled case-by-case and is not guaranteed. We may request documentation (like a medical note) for such exceptions.

• Swapping or Pausing Programs: In lieu of a refund, we might offer to pause your program or apply remaining credit toward a different service. For instance, if you cannot continue with a fitness program now, we could hold your remaining credit and allow you to resume later or switch to a lower-intensity program. Any such accommodation is at our discretion and may be subject to a time limit (e.g., use the credit within 6 months). Offering an accommodation in one case does not obligate us to do so in another .

• Discounted Packages: If you purchased a multi-session package or bundle at a discount, and you partially use it then seek a refund or cancellation for the rest, any refund calculation may take into account the discount used on the portion consumed . In other words, we may recalculate the used sessions at their full single-session price and deduct that from any refund, to ensure fairness (you shouldn’t get a discounted rate on sessions you actually used if you cancel the rest and get money back).

• Dissatisfaction: We do not offer refunds solely because you are unhappy with results or the experience, especially if the Service was delivered as promised. Results are dependent on many factors including your own effort and adherence, and we do not guarantee specific outcomes (see Section 7.7). Lack of a certain result (e.g., not losing a certain number of kilos, or not achieving a business revenue target) is not by itself a “failure” of the Service – therefore it isn’t grounds for a refund. That said, we do want you to be satisfied, and if you are truly dissatisfied, we encourage you to communicate so we can attempt to address your concerns within the scope of the program (such as adjusting your plan). But simply being unhappy or not achieving the outcome you hoped for is not a breach by us and does not entitle you to a refund.

4.4 How to Request a Refund: If you believe you are entitled to a refund under this policy or applicable law, or you want to discuss cancelling your program, you must send a written request to us (email is acceptable). In your request, include your name, the program or product purchased, purchase date, and the reason you are seeking a refund. We may require supporting evidence depending on the reason (for example, a doctor’s note if you are exiting for medical reasons, or details of the issue if you claim a service failure) . We will review your request and respond within a reasonable time. If approved, refunds will be processed to the original payment method unless otherwise arranged. Please note that it can take several business days for a refund to appear on your account (especially for credit card transactions). If a third-party payment processor retains a non-refundable fee (for example, some processors do not refund their transaction fee), we will not refund that portion unless we are able to recover it .

4.5 Subscriptions: If you cancel a subscription, you will not be charged further after the effective cancellation date, but we do not provide prorated refunds for the remaining days in a billing cycle after you cancel in the middle . For example, if you cancel a monthly subscription 10 days before the end of the paid month, you will still have access for those 10 days until the period ends, and then it will not renew; we will not refund the unused 10 days since they were part of the month you already paid for. An exception is if you cancel due to a material breach by us or a major failure of the service – in such case, contact us and we will assess a fair resolution, which might include refunding the unused portion of the term . If you prepaid a long-term subscription (e.g., an annual plan) and seek to cancel early, generally no refund will be due for early cancellation except in cases of our breach or as required by law. We may, at our discretion, consider partial refunds for long-term prepayments if there are extenuating circumstances, but this is not guaranteed .

4.6 No Refund on Free or Bonus Services: If we have provided any free-of-charge extensions, bonus sessions, or complimentary services (for example, a free extra month, or a bonus coaching call), these have no monetary value for refund purposes and will not be refunded or credited if the main service is cancelled. Similarly, if you received a product or gift as part of a promotion (e.g., “sign up and get a free eBook”), and you later cancel or get a refund, we may deduct the standalone value of the product from any refund unless the product is returned or its cost was negligible.

4.7 Final Note on Refunds: By agreeing to these terms, you acknowledge that you understand our refund policy. Apart from your rights under applicable consumer protection laws, all sales are final and any refunds outside those requirements are at our sole discretion . We strive to be fair and reasonable, but we must also protect the viability of our business. Please purchase seriously and commit to the coaching process for best results.

5. Cancellation, Rescheduling, and Termination

We differentiate here between canceling individual sessions, canceling an entire program or subscription, and termination of the Agreement by either party.

5.1 Cancellation or Rescheduling of Individual Sessions (Client-Initiated): If you need to cancel or reschedule a one-on-one coaching session (including fitness training calls, check-ins, or mentoring appointments), please provide at least 24 hours’ notice whenever possible . You should notify us through the agreed channel (e.g., cancel via the scheduling app or email/text the Coach).

• If you cancel/reschedule with sufficient notice (24+ hours), we will do our best to reschedule the session at a mutually convenient time without penalty . There is no fee for a timely reschedule.

• If you cancel on short notice (less than 24 hours before the session) or you no-show (fail to attend) a scheduled session, we reserve the right to count that session as forfeited. In other words, that session may be deducted from your package with no refund, or if it was a standalone paid session, you may not be entitled to a refund or reschedule . We understand emergencies happen, and we may allow a make-up at our discretion for truly unavoidable events, especially if it’s a first-time occurrence . However, repeated late cancellations or no-shows can result in loss of session fees and possibly program termination for breach if it becomes a pattern .

• If you are running late to a session, please inform us as soon as possible. We will typically wait up to 15 minutes for you on a scheduled call. If you join late, the session may still end at the scheduled time (we cannot always run over, due to other appointments). If you are more than 15 minutes late without notice, we may consider it a no-show.

5.2 Cancellation of Program or Subscription (Client-Initiated): If you wish to cancel your participation in an entire program or end a subscription, the following applies:

• Fixed-Length Program (before start): You may cancel a fixed-term program (with a set start/end date) before it begins by providing written notice at least 7 days prior to the start date to receive a full refund . If you cancel closer to the start (e.g., less than 7 days before start) or after program materials have been delivered, we reserve the right to retain a portion of the fee to cover administrative and preparation costs – typically a reasonable percentage, such as 25%, as a late cancellation fee . This is because we likely invested time in preparation and may not be able to fill your spot on short notice. If the program has already started, Section 4.3 (no refunds for change of mind) applies, and cancellation at that point is essentially an early termination with no refund for unused weeks, except at our discretion or as required by law .

• Subscriptions: You may cancel a subscription at any time by giving us notice (for example, via your account settings or by email – the exact process may depend on how you signed up). To avoid being charged for the next billing cycle, you should cancel at least 48 hours before your next billing date . Once you cancel, no further renewal charges will be made, and your access will continue until the end of the period you already paid for . We do not pro-rate or refund the unused days of a subscription period after you cancel (see Section 4.5). After the paid period ends, your access to subscription content will terminate. If you cancel an installment payment plan mid-way, similar principles apply: no further charges will occur, but amounts already paid are not refunded except as allowed by our refund policy.

• Notice and Acknowledgment: To formally cancel, you should receive confirmation from us (automated or manual) that your cancellation request was received. If you do not get a confirmation, please follow up to ensure we are aware. Do not assume a cancellation is effective unless confirmed. If you cancel via a self-service portal (e.g., through our payment processor or app), save the confirmation screen or email for your records.

5.3 Termination or Modification by Coach: We strive to fulfill all programs as planned, but we reserve the right to cancel, postpone, or modify sessions or programs in certain circumstances :

• If the Coach becomes unavailable due to illness, emergency, or unforeseeable conflict, we will provide as much notice as possible and reschedule the affected session or, if rescheduling isn’t feasible, credit or refund you for that session.

• If a platform outage or technical issue occurs (e.g., EverFit is down or Zoom fails during a live session), we will make reasonable efforts to continue your service (such as rescheduling a live call or sending materials via email) . Such disruptions generally do not warrant refunds as long as we provide the service through alternative means.

• We may terminate your participation in a program if we find it necessary for legal, ethical, or safety reasons. For example, if you have a medical issue that makes it unsafe to continue and you do not obtain medical clearance, or if continuing to coach you would violate any law or professional guideline, we may have to end the service. In such cases, we would provide a pro-rata refund for any portion of fees paid for services not yet provided, unless the termination is due to misconduct (see 5.4 below).

• We also reserve the right to refuse or terminate service if a client’s behavior is egregious (harassment, toxic behavior in group settings, illegal acts, etc., see Section 10 and 5.4). In cases of serious breach of this Agreement by you leading to termination, no refund will be given for unused services (as this is a consequence of your breach).

5.4 Termination for Breach or Misconduct: If you violate any material term of this Agreement (for example, sharing our intellectual property without permission, engaging in harassing or dangerous behavior, or failing to pay fees) we may terminate your access to the Services. In such event, we will provide notice of termination in writing (an email is sufficient) stating the reason. Depending on the severity of the breach, we might give you an opportunity to rectify the issue (for instance, a warning for a first-time community conduct issue) or we might terminate immediately if the situation warrants (for example, fraud or something that cannot be remedied). No refund will be due if we terminate the Agreement because of your breach or misconduct. You will remain liable for any unpaid amounts up to the date of termination and any damages resulting from your breach. Additionally, if your actions caused harm or potential liability for us, you agree to indemnify us as described in Section 11.6.

5.5 Rejoining After Cancellation: If you cancel a Service (or we terminate it without cause), you are generally welcome to re-enroll in the future, subject to availability and our current terms at that time . However, if we terminated your Service for misconduct or serious breach, we reserve the right to refuse to accept you back as a client in the future . We aim to maintain a positive community and will bar access to individuals who have demonstrated harmful or dishonest behavior previously.

5.6 Effect of Termination: Upon termination or cancellation of a Service, your right to access that Service ends. This means if it’s a coaching program, no further sessions will be conducted; if it’s app access, your login may be deactivated at the end of the paid period or immediately if terminated for breach. Sections of this Agreement that by their nature should survive termination (such as disclaimers of liability, indemnity, intellectual property rights, confidentiality, and dispute resolution) will continue in effect . Termination does not relieve you of any obligation to pay for services already rendered or fees incurred up to the termination date.

6. Use of EverFit Platform and Data Handling

Our coaching is delivered using third-party technology platforms, primarily EverFit for workout and nutrition tracking. This section explains your responsibilities when using these platforms and how we handle your data.

6.1 Third-Party Platform (EverFit): By using our Services, you agree to use the EverFit application/website as needed for program delivery. EverFit is a third-party service (operated by Everfit Technologies, Inc.) that we do not own or control . We will assist you in getting set up on EverFit (you will need to create a client account). You must agree to EverFit’s own Terms of Service and Privacy Policy as a condition of using that platform . Essentially, you will have a direct relationship with EverFit for the use of their app. We are not responsible for EverFit’s terms or how EverFit operates, and any issues with EverFit’s platform (such as their privacy practices or outages) are not under our control . However, we will cooperate to support you if problems arise (for example, if EverFit is down, we will use email or another method to deliver your workouts, as noted below). You must also adhere to any usage rules of EverFit (for instance, not sharing your login, not uploading prohibited content, etc.). Failure to comply with EverFit’s terms could result in your EverFit account being suspended, which would impede our ability to coach you (and would be treated as a breach on your part if caused by your misconduct).

6.2 Data and Privacy in EverFit: When you use EverFit with our coaching, certain personal data will be collected and stored in the app – for example, your workout data, fitness progress, nutrition logs, messages, and possibly profile information. EverFit allows us as coaches to access your entered data to monitor your progress . By agreeing to this TOS and using our Services, you consent to our access and use of your information on EverFit for coaching purposes . EverFit’s role is partly as a “data processor” for us – meaning they handle your data on our behalf to provide the platform functionality . We remain committed to protecting your privacy: any personal information we obtain through EverFit will be used in accordance with our privacy commitments and applicable privacy laws . We will not share your identifiable data with third parties except as needed to deliver the Services or if required by law. EverFit’s own staff/servers will have technically the ability to access your data as needed to run the service, under EverFit’s privacy policy . If you have concerns about data in EverFit, please discuss with us – but note that using our service implies using EverFit’s system.

6.3 Platform Availability and Downtime: We do not guarantee that EverFit (or any platform we use) will be available 100% of the time. There may be occasional downtime for maintenance or technical issues beyond our control . You agree that such downtime is an inherent risk of online services. We are not liable for losses or inconvenience due to platform unavailability , but we will make reasonable efforts to mitigate disruptions. For example, if EverFit is temporarily inaccessible, we may email you your workout plan or use another method to ensure you can continue your training . If a live coaching call via Zoom fails due to technical issues, we will reschedule as soon as feasible. You should also maintain backups of important info (if any) that you input (for instance, if you log large amounts of data in EverFit, it’s a good idea to periodically save/export it, just in case).

6.4 Use of Other Tools: In addition to EverFit, we may use other third-party tools to deliver services – e.g., Zoom or Skype for video calls, PayPal/Stripe for payments, Calendly for scheduling, or Facebook/WhatsApp groups for community chats. By using our Services, you may also be subjecting yourself to those third parties’ terms of use and privacy policies. We will endeavor to inform you of any such tools and what you may need to do (e.g., download an app, agree to their terms) . We cannot be responsible for the acts or omissions of those third-party services. For instance, if Zoom has an outage, or if a payment processor has a security breach, we will try to assist but ultimately that is under the third party’s control. You agree that we have no liability for the actions of third-party service providers . That said, we carefully select reputable providers and welcome your feedback if you have concerns with any platform we use.

6.5 Data Security: We take reasonable measures to safeguard your personal information. EverFit uses security protocols on their platform, and we also use secure channels when accessing your data (e.g., encrypted connections, password-protected accounts) . However, you acknowledge that no method of electronic storage or transmission is completely secure or error-free . There is always some risk in transmitting data over the internet. By using our Services, you accept the inherent risks to your data. In the unlikely event we become aware of a data breach that compromises your personal information, we will notify you as required by law and take appropriate steps to mitigate the issue .

6.6 Personal Data and International Transfer: If you are not in Australia, note that EverFit’s servers and our operations may be in multiple countries (EverFit is a U.S.-based service). By using the Services, you consent to the transfer and storage of your data to servers located in countries outside your own, including Australia and the United States . We will handle your data in accordance with Australian privacy principles and any other applicable data protection regulations. Where required, we will ensure appropriate safeguards are in place for international data transfer (such as standard contractual clauses or EverFit’s Data Processing Addendum) .

6.7 Content Ownership on Platforms: Any content we deliver to you via EverFit or other tools (workout videos, instructions, documents, etc.) remains our intellectual property or that of our licensors . These materials are provided to you under the license terms in Section 9. The platform is just a delivery mechanism. You must not copy or share content from the platform beyond what is permitted for your personal use . For example, you shouldn’t download and redistribute our workout plans or share screenshots of paid content with non-clients. If the platform (like EverFit) allows you to download or print items, that is for your convenience and personal use only under the scope of our Agreement . Any wider distribution is a breach of this Agreement (see Section 9 on IP).

6.8 Retention and Deletion: We will retain your data for as long as needed to provide the Services and as required for our business records or legal obligations . If you terminate the Services, you may request that we delete personal data we hold about you. We will comply to the extent we are able, except for data we are required or permitted to retain (for instance, proof of transactions for accounting, or basic information for legitimate business interests). EverFit accounts: if you wish to delete your EverFit account/data, you can request this through EverFit or ask us for assistance; note that we might need to keep certain training records for a period for legal reasons (like injury liability protection), but we can anonymize or archive them.

By using our Services, you acknowledge the above and agree to use our third-party platforms in accordance with these terms. Always reach out if you have questions or concerns about the tools we use.

7. Health, Safety and Other Disclaimers

The following disclaimers are critical. Please read this section carefully, as it limits the ways you may legally hold us responsible for certain outcomes. This section addresses our lack of professional medical capacity, your assumption of risks, and other important warnings.

7.1 No Medical or Professional Advice: We (and our coaches) are not medical practitioners, physicians, or licensed dietitians, and we do not provide medical, nursing, or dietetic advice . Nothing in our Services – whether in written programs, chat communications, videos, or calls – is intended to be or should be taken as medical diagnosis or treatment. Our fitness and nutrition coaching is for educational and informational purposes only . It is not a substitute for personalized medical advice, examination, diagnosis, or treatment by a qualified health professional . You should consult your physician or appropriate healthcare provider before starting any new diet, exercise, or wellness program, especially if you have any medical conditions, are pregnant, nursing, or have been sedentary . You agree that you will not disregard or delay seeking medical advice because of something you have read or heard through our Services. We do not claim to cure, prevent, or treat any illness or condition. If you require medical or therapeutic advice, please seek that from licensed professionals – our guidance is not a replacement for medical evaluation or treatment .

7.2 General Informational Purpose: Any health, fitness, or nutritional information we provide is general in nature and not specifically tailored to any individual beyond the personalizations you share with us. We aim to provide accurate and science-based information, but no assurance is given that the information is perfectly suited to every person or that it accounts for every individual nuance. Moreover, scientific understanding and best practices can evolve; while we strive to stay up-to-date, we do not guarantee that all content reflects the very latest research or developments at all times. You acknowledge that any reliance on information provided by us is at your own risk, and we are not liable for how you implement our suggestions aside from our duties outlined in this Agreement .

7.3 Personal Responsibility and Assumption of Risk: You are solely responsible for your own health and well-being. We encourage you to use our guidance judiciously and in conjunction with common sense and any professional medical advice you’ve received . Participating in any exercise or nutrition program inherently includes some risk. Exercise Risks: When you engage in physical exercise (whether at home, outdoors, or in a gym), you may experience, without limitation, muscle soreness, sprains, strains, dizziness, fainting, heart attack, stroke, or other serious injury, and in extreme cases, even death . By participating in our fitness coaching, you acknowledge these risks and voluntarily assume them . We will take reasonable care in designing safe programs, but we cannot eliminate all risk associated with exercise. You agree to exercise within your limits and listen to your body. If something feels wrong, stop and seek advice. Nutrition Risks: Changes in diet can also carry risks – such as allergic reactions, digestive issues, or adverse effects if you have certain medical conditions . Any nutritional suggestions we give are followed at your discretion and you should consider consulting a doctor or registered dietitian for any significant dietary changes, especially if you have known health concerns . By following our nutrition advice, you assume the risk that a particular food or supplement may not suit you. Risk Warning (Recreational Activities): We hereby warn you that participating in fitness activities (which may be deemed “recreational services” under Australian law) involves inherent risks of physical harm or injury. By participating, you are acknowledging and accepting that risk . This warning is given in compliance with civil liability laws requiring risk notifications for recreational services. You agree that you knowingly and voluntarily assume all risks, foreseeable or not, that may arise from your participation in our Services.

7.4 Not a Therapeutic or Mental Health Service: While we might discuss mindset, motivation, or general wellness, we are not mental health professionals and are not providing psychological counseling or therapy . Our coaching on mindset or stress is from a lay perspective intended to support your goals, not treat mental health conditions. If you have or suspect you have mental health issues (such as an eating disorder, severe depression, anxiety disorders, etc.), you should seek help from a licensed psychologist, therapist, or psychiatrist. We do not handle crises; if you experience a mental health crisis during our program, please contact emergency services or a crisis hotline in your area. We will not be liable for any mental health outcomes; those discussions are only incidental to our coaching and not a professional service.

7.5 No Guarantees of Results: Your success is highly personal and depends on many factors – including your starting point, genetics, effort, adherence, and outside circumstances (e.g., work, family, economy for business clients). We do not guarantee any particular results from our Services . For fitness/nutrition clients: We cannot promise specific changes like “you will lose 10kg” or “you will gain 5kg of muscle” – while our past clients have seen great results, individual outcomes vary . For business coaching clients: We cannot guarantee that you will achieve any particular revenue, number of clients, or business growth – the market and execution are beyond our control. Any examples of results in our marketing (testimonials, photos, case studies) are illustrative only; they represent what some individuals have achieved, not what you should expect to achieve . We will work hard to help you, but you agree that no results are promised or assured. There is also an inherent unpredictability; e.g., even if you follow everything perfectly, you might plateau or see different progress than anticipated. By signing up, you accept this risk of variable outcomes. Dissatisfaction with results alone is not grounds for a refund (as noted in Section 4.3).

7.6 Business Coaching Disclaimer: If you are receiving business or career mentoring from us, understand that this is based on our personal experience and general business principles. We are not certified financial planners, accountants, or attorneys . Any advice on business strategy, marketing, social media, etc., is given in good faith to help you, but it is not professional financial or legal advice. You should consult appropriate professionals before making significant business financial decisions or legal steps. We do not guarantee that implementing our advice will lead to successful business outcomes or profits . The business environment involves risk and many factors outside our or your control. You remain fully responsible for any business decisions you make and any consequences thereof (losses, gains, legal compliance, etc.). We will not be liable for any loss of business revenue, opportunities, or any other damages in your enterprise (see Section 11.2).

7.7 Testimonials and Marketing Materials: Any testimonials, reviews, or endorsements by other clients that we present are truthful opinions but are not guarantees that you will have the same experience. By their nature, testimonials highlight individual successes and may not represent the “typical” result for all clients . We include them to inspire and illustrate potential, but you should not assume you will get the exact same outcome. Also, images (like “before and after” photos) might reflect someone’s results after a very dedicated effort; your results may vary. We make no “average” outcome claims. If we reference scientific research or statistics in our content, we attempt to ensure accuracy, but we do not warranty that every external reference is error-free or applies precisely to you.

7.8 Not Emergency Services: Our coaching is not suited for emergency or urgent situations of any kind (health, mental health, or business emergencies). We do not provide 24/7 monitoring or on-call services. If you have a medical emergency during a workout (e.g., chest pain, severe injury) or any emergency, call the emergency number (e.g., 000 in Australia) or seek urgent professional help immediately . You can inform us after the fact, but understand we are not first responders. Similarly, if you experience an acute mental health crisis (e.g., suicidal thoughts), reach out to professional crisis services right away. We cannot be held liable for injuries or harms that could have been mitigated by timely medical intervention, simply because you opted to contact us (a coach) instead of emergency services.

7.9 Your Duty to Disclose and Follow Advice: You agree that you will not deliberately hide any relevant health information from us. If you withhold or falsify information about your health or abilities, you assume full responsibility for any injury or harm that results, and you release us from liability for any issues that arise from such omissions . Furthermore, if we advise you to get medical clearance or to modify an activity for your safety and you choose to ignore that advice, you do so at your own risk. It’s important you communicate honestly and follow safety guidelines – our liability is significantly limited where you have not done so.

7.10 Continuing Participation Certification: At the start of this program and each workout or session, by your actions you affirm that you are fit and able to participate. If at any point your status changes (for example, you have a new injury, illness, or condition), you agree to pause and inform us and, if needed, get medical clearance before continuing . We may require a doctor’s note if you have a significant health change before resuming. This is for your safety. Each time you engage in a session or follow a workout, you are effectively re-confirming that you are physically and mentally fit for that activity.

7.11 Insurance Recommendations: We carry professional indemnity and public liability insurance appropriate for our coaching services (typical coverage for personal trainers and coaches includes multi-million dollar limits, e.g. at least AU$5 million professional indemnity and AU$10 million public liability) . This insurance is in place to protect our business from certain claims. However, this does not provide personal health or accident insurance for you as the client. We strongly recommend that you maintain your own health, accident, or injury insurance to cover any medical expenses or losses that could result from your participation in fitness activities. For example, having private health insurance or income protection insurance can be prudent in case you sustain an exercise-related injury. You acknowledge that we do not assume responsibility for costs of injuries or health issues that may occur during your participation; those remain your responsibility. Our insurance coverage does not remove your obligation to exercise prudence and it does not act as personal insurance for you. By participating, you confirm that either you have appropriate insurance or you are willing to bear the cost of any injury/illness that you might incur in connection with our program. (For reference, many professional personal trainers in Australia carry at least $5–20 million in liability cover – we are insured in line with or above industry standards, but again, that protects us; you still need to protect yourself.)

7.12 Acknowledgment: In summary, you acknowledge that you have been informed of the need to consult with healthcare providers before starting, the inherent risks of exercise and lifestyle changes, and the limits of what we provide. You agree that all actions you take within our program are voluntary and at your own risk . You release us from liability for any adverse outcomes as set forth in Section 11, except to the extent caused by our gross negligence or willful misconduct.

(The disclaimers in this Section 7 are a crucial part of the Agreement. If you are unsure about any of these, please ask or seek independent advice before proceeding.)

8. Testimonials, Progress Photos, and Media Consent

We love to celebrate client success stories. This section explains how we might use your testimonials or images, and your rights to opt out.

8.1 Consent to Use Testimonials: By entering this Agreement, you consent that we may use any testimonial, review, or feedback you voluntarily provide us (whether in writing, via audio/video, or posted online) for our marketing and promotional purposes . For example, if you send us an email about your positive experience, or fill out a feedback form, or leave a comment on our social media, we may quote that text (in whole or in part) on our website or social media channels. We will not use your full name without permission – typically, we will use either your first name or initials and perhaps general descriptors (e.g., “John from Perth lost 5kg”) . If you prefer to remain anonymous or use a pseudonym for privacy, please inform us and we will accommodate that. We will not fabricate or substantially alter your testimonial; aside from minor editing for clarity or length, it will reflect your genuine opinion.

8.2 Consent to Use Progress Photos: As part of some programs, we may encourage you to take “before” and “after” photos or other progress images. These can be very motivating and useful for tracking changes. By default, we consider that you have consented to allow us to use progress photos you share with us for promotional purposes (similar to testimonials), unless you opt out as described in 8.3. This means that if you send or upload progress photos and do not expressly decline consent, we may feature those photos on our website, social media, or other marketing materials to showcase results. We understand these images can be personal, so we commit to using them respectfully. We will typically ask or confirm with you before public use of any identifiable photos, even with this default consent in place. If you share photos in a public forum we host (like posting your transformation in a Facebook group or tagging us on Instagram), that will be considered explicit permission for us to re-share those images . We will never use overly revealing or sensitive photos in our marketing without discussing it with you first. For example, if you provided a photo in minimal clothing purely for our assessment, we either won’t use it or will ensure it’s presented very discretely or with your additional permission. You also understand that you will not receive any payment or royalty for the use of your testimonial or images; the exchange is that your story may inspire others, and we often factor in the ability to share results in keeping our program pricing accessible.

8.3 Right to Opt Out: Participation in testimonials and photos is completely optional. If you do not consent to us using your testimonials or images, or if you consented before but later change your mind, you can opt out at any time by notifying us in writing (an email stating your preference is sufficient) . We will then refrain from any future use of your quotes or likeness. If we have already published materials with your testimonial or photo and it’s not feasible to retract (for instance, something already printed or widely distributed), we may not be able to undo that, but we will not include your material in any new marketing going forward . You can also specify conditions – for example, you might allow use of your written testimonial but not your photo, or only allow use within a private group but not publicly. Let us know your boundaries and we will respect them. Your decision on media consent will not affect your access to the Services in any way. We have many clients who prefer privacy and we will never treat it against you if you opt out.

8.4 No Confidentiality in Groups: If you participate in any group calls, community forums, or group chats we facilitate, please be aware that these are semi-public among the group members. We encourage a supportive, private atmosphere, but we cannot guarantee confidentiality of anything shared among other members . We ask all members to respect privacy (“what’s shared in the group stays in the group”), and to not copy or redistribute others’ posts, but we cannot police everyone at all times . So if you want something kept truly private, share it only in one-on-one communications with us, not in a group setting. Additionally, do not share others’ personal stories outside the group without permission. We are not liable for any breach of privacy caused by another member’s actions, though we will take action to address any such incidents if they come to our attention.

8.5 Intellectual Property in Your Content: You retain ownership of any original content you provide to us, including your testimonials, images, or any contributions like a guest blog you wrote about your experience . By allowing us to use a testimonial or photo, you grant us a license to use, reproduce, publish, and distribute that content for promotional purposes, worldwide and royalty-free, for as long as you don’t withdraw consent . This license is non-exclusive – you are free to use your own story/photos yourself as you wish. If you later withdraw consent, as noted, we will cease new uses, but the license granted covers uses up until the point of opt-out.

8.6 Social Media Tagging: If you tag our business or coaches on social media or use our branded hashtag in your posts about your progress, we may re-share those public posts on our social channels . For example, if you post your before/after on Instagram and tag us, we might share that in our Instagram Story or page. If your account is public, we take the tagging as implied consent for re-sharing . If your account is private, we will ask before sharing any post we become aware of (and generally we cannot see private posts unless you allowed us to follow you). If you don’t want us to share a particular post, simply inform us and we will refrain.

8.7 Accuracy and Integrity: We will not misleadingly edit or alter your success story. We might correct minor grammar or condense long testimonials, or caption photos with summaries of your results, but we will not change the core meaning or fabricate results . We aim for authentic marketing. Likewise, we won’t photoshop your images to exaggerate your results (beyond perhaps adjusting lighting or cropping) – authenticity is important to us .

8.8 Release: To the extent permitted by law, you release and discharge us from any claims or liability related to the use of your testimonials or likeness as described herein . We will use your content within the scope of consent you’ve given. There shall be no claim of defamation or invasion of privacy when we have used your content in line with the permissions granted in this Agreement. We will not use your content in a way that is knowingly misleading or injurious to you. This release simply acknowledges that using your testimonial or photo with your consent is not grounds for legal action against us.

In short, we love to feature client wins, but it’s your choice. We respect your decision either way.

9. Intellectual Property and Limited License

Our programs involve a significant amount of content (plans, documents, videos, etc.). This section explains what you can and cannot do with that content, and how we treat intellectual property (both ours and yours).

9.1 Our Intellectual Property: All materials and content provided by us in connection with the Services are our intellectual property (or licensed to us by third-party content owners) and are protected by copyright, trademark, and other intellectual property laws . This includes, but is not limited to: workout plans, training manuals, exercise demonstration videos, written articles or posts, nutrition guides and recipes, business coaching worksheets, audio recordings, logos and branding, and any content on our website or delivered via EverFit or other platforms . Empowered By Science and any associated logos or slogans are our trademarks. This Agreement does not transfer any ownership of our intellectual property to you . We retain all rights, title, and interest in and to all materials we provide. You are purchasing access to the content and coaching, not the content itself.

9.2 Limited License to You: Upon your enrollment and payment, we grant you a personal, non-exclusive, non-transferable, revocable limited license to access and use the materials we provide for your own personal, non-commercial purposes . This means you may download, print, and use the content for your personal training, education, and reference. For example, you can print out your workout plan to take to the gym, or you can save recipes to your device for your own use. You may not share, copy, or distribute our content to anyone else who is not a paying client, and you may not use our content to train others for profit . The limited license ends when you finish your program or subscription (although you may keep copies of materials for personal use thereafter, you just can’t publicly post or commercialize them). If we provide content via a secure platform (like the EverFit app), you must abide by any technical restrictions (for instance, if a PDF is view-only, do not try to circumvent and download it unless permitted). If your access is revoked or expires, you agree to stop using the content and delete or archive copies (aside from content that was clearly meant for you to keep, like an eBook you purchased).

9.3 Prohibited Uses: You shall not do the following with our content: (a) reproduce, redistribute, or make it available to anyone else (except perhaps to show your doctor or a family member for personal support, which is okay in a private manner); (b) upload it to any public forum, website, or file-sharing platform; (c) create derivative works (e.g., translate, or remix our content) for distribution; (d) use it to conduct your own coaching or business that competes with or parallels ours. Essentially, do not steal or misuse our intellectual property. If you have any uncertainty about what you can share (maybe you want to tell a friend about a great tip you learned – that’s fine in conversation; what’s not fine is forwarding them our entire nutrition plan PDF).

9.4 Third-Party Intellectual Property: Occasionally, our content may include third-party materials (e.g., a recipe from a partner, a scientific article link, or an exercise video created by another entity). All such third-party content remains the property of its respective owners and may be subject to their own license terms . We usually will indicate if something is not originally ours. Your license to our content does not automatically give you rights to third-party content beyond what is allowed by law or by that third party. For example, if we share a copyrighted article under fair use for your education, you cannot then reproduce that article elsewhere either.

9.5 Your Intellectual Property: We acknowledge that you may share or create content during the course of the Services that is owned by you. For instance, you might write a testimonial, create a social media post with your photo about the program, or share a business plan or materials you’ve developed for your own use in the context of our mentoring . You retain ownership of your intellectual property. By sharing such content with us or in our community, you grant us a limited license to use it as necessary to provide the Services. For example, if you write a business plan and ask for our feedback, you’re allowing us to read, analyze, and perhaps make a copy for note-taking to give you feedback. We will not claim ownership of your plan, and we will treat sensitive information confidentially. The license you grant us to use your content for coaching ends when we have delivered the Service or upon termination, except for any archival copy we must keep for records. If you provide a testimonial or voluntary content as described in Section 8, that falls under the permissions in Section 8 (which may be broader for marketing use, per your consent).

9.6 Feedback: If you provide suggestions, ideas, or feedback about our Services (for example, you suggest we add a certain feature or you give feedback on a recipe), we may use and implement that feedback without any compensation or attribution to you. You agree that we own all rights to improvements or new features that may stem from your feedback.

9.7 Breach of IP Terms: If we suspect that you have infringed on our intellectual property rights (for example, unauthorized sharing of our materials or using them beyond the scope of the license), that is considered a serious breach of this Agreement . We reserve the right to immediately terminate your access with no refund if such a breach is verified, and you could be subject to legal action for damages or injunctive relief. We take protection of our content seriously as it represents significant effort and value. We may also inform other providers or take collaborative action if we find a client misusing content across platforms.

9.8 Company IP Protection Measures: We employ various measures to protect our IP (watermarks, unique user links, etc.). Please respect these measures and do not attempt to remove any copyright notices, digital rights management, or circumvent access controls.

9.9 Use of Name and Logos: Nothing in this Agreement gives you the right to use our business name, logos, or trademarks (for example, you cannot start your own program called “Empowered By Science Training” or similar). If you want to reference our program publicly (maybe you write a blog about your fitness journey and mention us), that’s fine under nominative fair use, but you cannot imply you are affiliated with or endorsed by us in a commercial context without permission.

In summary, we ask you to enjoy and use our content for yourself, but do not steal, share, or repurpose it beyond your personal use. Intellectual property rights are what allow us to run a sustainable business and continue creating valuable content for clients .

10. Community and Group Conduct Policy

If our Services include any group interactions (such as group coaching calls, community chat groups, or forums), the following conduct rules apply to ensure a safe and productive environment for everyone:

• Respect and Courtesy: Treat the Coach and fellow clients with respect at all times . Absolutely no harassment, hate speech, bullying, or discrimination will be tolerated. This includes derogatory remarks or slurs based on race, ethnicity, gender, religion, sexual orientation, etc. We strive to make all participants feel safe and supported.

• Positive Environment: Contribute to a positive and encouraging atmosphere . It’s fine to discuss challenges, but refrain from persistent negativity or criticizing others. Celebrate others’ successes and offer help or encouragement if someone asks (within the bounds of your knowledge). Unsolicited harsh critique of someone else’s technique or progress is not welcome – leave coaching to the Coach unless peer feedback is explicitly requested.

• No Spam or Self-Promotion: Do not use our group or community spaces to advertise your own products, services, or personal ventures (or those of someone else) without permission . Our community is for mutual support in the context of our program, not a marketplace. It’s okay to share personal experiences, but not to solicit business.

• Privacy and Confidentiality: What members share in group settings should stay private within the group (with the understanding noted in Section 8.4 that we can’t guarantee it) . Do not take screenshots of group discussions or copy someone’s story to share outside without consent. Also, do not harvest other members’ contact info to add to your mailing lists or similar – respect everyone’s privacy.

• Appropriate Content: Keep discussions and content appropriate and on-topic. Do not share illegal content, pornography, or graphic/disturbing imagery. Avoid divisive topics like politics or religion unless directly relevant to coaching, as those can create unnecessary conflict .

• Follow Coach’s Guidance in Group Sessions: If we have live group workouts or calls, follow the Coach’s instructions and do not attempt to take over or coach others unless invited . For example, do not interrupt the Coach to impose your own method on the group.

• Language: Our community likely operates in English (unless stated otherwise). Please communicate in the common language so everyone can understand . Refrain from excessive profanity; occasional casual swearing can be okay if not directed at someone, but keep it moderate and within a respectful tone.

• Consequences: If you violate these community rules, we may take action including warnings, deleting inappropriate posts, muting or temporarily suspending you from the group, or in serious cases, removing you from the community entirely . Removal from the community for rules violations may or may not include termination of the overall Service (depending on severity), at our discretion – serious misconduct could lead to full termination per Section 5.4.

• Reporting: If you feel another member is behaving inappropriately or making you feel unsafe or uncomfortable, please report it to the Coach privately. We will handle reports as discreetly as possible and take appropriate action . We want the community to be a supportive space for all.

By participating in any group aspect of our Services, you agree to uphold this Conduct Policy. These guidelines are to ensure everyone can learn and grow in a positive environment. We are not liable for what participants say or do, but we will moderate to the best of our ability and remove anyone who undermines the group’s safety or goals. (Also note Section 11.5 – we disclaim liability for other members’ actions, though we will act to address issues within our control.)

11. Limitation of Liability

This section caps and limits certain liabilities we might have to you. It is a crucial part of the legal protection of our business. We ask you to acknowledge that providing coaching via an online platform has certain limitations and that, to the fullest extent allowed by law, we are not liable for certain types of harm or loss as described below.

11.1 Inherent Risk Acknowledgement & Waiver: You acknowledge the inherent risks involved in the activities related to our Services – including physical exercise (a recreational activity) and business endeavors – as discussed in Section 7.3. To the fullest extent permitted by law, and except in cases of our gross negligence or willful misconduct, we will not be liable for any personal injury, illness, or death, or any property damage that you may suffer arising out of your participation in the Services . If our Services are deemed “recreational services” under applicable Australian law, you agree that this clause constitutes a written risk warning and waiver: by participating, you release us from liability for any personal injury or death resulting from the supply of these services except to the extent that liability cannot be excluded due to reckless conduct by us . This is in accordance with section 139A of the Australian Competition and Consumer Act 2010 (Cth) and relevant Civil Liability Acts, which permit exclusion of liability for recreational service providers in certain cases. In plain language: You understand that by doing workouts or physical activities we recommend, you could get hurt; we are telling you that upfront (risk warning) , and you are accepting that risk and waiving our liability for any such injury unless we acted with reckless disregard for your safety. This waiver does not exclude any liability that cannot be excluded by law, nor does it exclude liability for something clearly outside the scope of recreational activity (e.g., if you suffered a data breach harm unrelated to exercise, that’s addressed elsewhere). But it does mean that, to the maximum extent allowed, if you twist your ankle or have a health event while following our program, you generally cannot hold us responsible for that. We are advising you of the potential dangers and you are assuming the risk . If any specific form of wording is required in your jurisdiction for such a waiver, that wording is deemed incorporated herein by reference.

11.2 No Indirect or Consequential Damages: To the maximum extent permitted by law, we will not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or relating to this Agreement or your use of the Services . This means we are not responsible for losses that are not a direct result of our actions or that are of a broader category, such as loss of income, loss of business profits or opportunities, loss of goodwill or reputation, pain and suffering, emotional distress, or the like . For example, if you invest in a new business venture after our mentoring and it fails, resulting in financial loss, you cannot claim those lost profits from us . If you drop a weight on your personal device and break it, we’re not liable for the device replacement. If you experience disappointment or stress because you didn’t achieve a goal you hoped for, that emotional distress is not on us. These are considered consequential or intangible losses and are excluded.

11.3 Cap on Direct Damages: To the maximum extent permitted by law, our total liability to you for any and all claims arising out of or related to this Agreement or the Services, whether in contract, tort (including negligence), or otherwise, is limited to the total amount of fees you paid us for the specific Service that gave rise to the claim . If the claim is not tied to a particular Service (or spans the whole relationship), then our liability is capped at the amount you paid us in the three months preceding the incident giving rise to the claim . Essentially, this means our maximum financial liability is the amount you paid for the service in question (or a recent period). This cap includes any attorneys’ fees or costs that might be awarded to you (so it’s not in addition to such fees) . The purpose is to allocate risk – you’re not paying us enough to warrant unlimited liability on our part, and this is a common way to reasonably balance that . Note: This cap does not limit amounts for personal injury or death where such limitation is not allowed by law. However, as explained in 11.1, much of that is waived or excluded if allowed. In any event, any legally required liability (like under ACL consumer guarantees if not excludable) would still be subject to this monetary cap to the extent the law permits limiting the remedy.

11.4 Australian Consumer Law (ACL) and Non-Excludable Conditions: Nothing in this Agreement is intended to exclude, restrict, or modify any consumer guarantees or statutory warranties that cannot be excluded, restricted, or modified by law (such as those under the ACL) . We do not seek to avoid any liability we legally can’t. Under the ACL (if it applies to our transaction), you have certain rights – for example, that services will be provided with due care and skill, and be reasonably fit for the purpose you disclosed. To the extent we are permitted to limit remedies for a breach of such a consumer guarantee (for instance, if the service is not of acceptable quality), we limit our liability to either resupplying the services or paying the cost of having the services supplied again, at our option . This is in line with section 64A of the ACL for services. In practical terms: if a court or authority finds that we failed a non-excludable guarantee, we would either redo the service properly or cover the cost of an equivalent service for you . We note that many of our Services are of a personal nature and likely considered consumer services under the ACL (especially if under the monetary threshold), so the guarantees apply fully. We aren’t trying to contract out of them – just stating that where the law allows, we will utilize the remedy limitations. Nothing in this Agreement is to be interpreted as excluding liability beyond what the law permits .

11.5 Third-Party Actions: We are not liable for the acts or omissions of third parties that may impact your use of the Services . This includes, for example, EverFit or other platforms – if EverFit has a security breach or outage that affects you, we aren’t responsible for their failure (though we’ll try to help). It also includes other service providers or subcontractors we might use, or guest experts we might bring in; while we take care in choosing partners, they remain responsible for their own statements and actions . Additionally, if you interact with other clients (say, in a group chat or event), we are not liable for what those individuals say or do to you – although we will enforce our conduct rules as described. If another client harasses you, we’ll step in and remove them if we verify it, but we aren’t going to pay you damages for that harassment; your remedy is through removal of the offender or separate legal action against them if needed. In summary, we cannot be responsible for harm caused by people or entities we do not control.

11.6 Indemnification (Your Responsibility to Protect Us): You agree to indemnify, defend, and hold harmless Empowered By Science, our company, and our coaches, employees, contractors, agents, and affiliates (“Indemnified Parties”) from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of this Agreement or any law, (b) your negligence, willful misconduct, or fraud, and (c) any third-party claim arising from your actions or use of the Services . This means if a third party (like someone in your family, or another gym-goer, or anyone else) sues us because of something you did, you will step in to defend us or cover our defense and any losses. For example, if you injure someone else while performing an exercise from our program and that person claims our coaching caused it and sues us, you should indemnify us for that claim . Or if you share our meal plan with a friend who then has an allergic reaction and they try to blame us, you’d indemnify us. Or if you violate Section 9 and post our content online and we get a claim from a third party because of it, you cover us. You will cooperate fully with us in handling any such claim . We reserve the right to assume our own defense if we choose, in which case you’ll reimburse us for defense costs. This indemnity survives termination of the Agreement.

11.7 No Warranties (Service “As Is”): We provide our Services on an “as is” and “as available” basis, without any warranties or guarantees except those explicitly stated in this Agreement or required by law . To the fullest extent permitted by law, we disclaim any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement . For example, we do not warrant that the program content will be error-free or uninterrupted (though we aim for high quality) . We do not guarantee that our advice will work for you (that would be a “fitness for purpose” warranty, which we disclaim – outside of consumer law mandates). If any warranty is legally required (and can’t be disclaimed), then we limit it to the shortest duration or smallest scope allowed. Essentially, aside from the assurances we explicitly give (like we will deliver the content described, etc.), we are not giving broad promises. Use your judgment and understand that results are not guaranteed.

11.8 Limitation on Time to Bring Claims: To ensure timely resolution of any disputes, you agree that any claim or cause of action you have against us arising out of or related to the Services or this Agreement must be filed within one (1) year after such claim arose . If you fail to file a lawsuit or arbitration claim within that one-year period, the claim is barred (this means you give up the right to pursue it). This does not apply to any claim under the ACL consumer guarantees to the extent those laws prescribe a longer period that cannot be contracted shorter (for example, some ACL-related actions might have a 2 or 3 year limitation by statute; we are not shortening those if not allowed) . But for any regular contractual or tort claim, you agree 12 months is a reasonable time to discover and act on any issues.

11.9 Acknowledgment: You acknowledge that you have read and understood these liability limitations and consider them reasonable given the nature and price of our Services. Without these limitations, the fees for our Services would likely be higher, as we would need to account for more risk. By agreeing, you are knowingly limiting potential rights, but only to the extent allowed by law. If any part of this Section 11 is held unenforceable, it shall be severed or interpreted to the minimum extent necessary for validity, and the rest shall remain in effect.

(In plain terms: We will do our best to help you, but we are not taking on open-ended liability. Please engage in the program responsibly. These clauses are standard for coaching services and ensure we can operate without unbounded legal exposure.)

12. General Provisions

12.1 Governing Law and Jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law principles . If a dispute reaches court, the courts of Western Australia (state and federal courts, as applicable) shall have exclusive jurisdiction, and each party submits to the jurisdiction of those courts. However, we reserve the right to seek injunctive relief in any appropriate jurisdiction for IP breaches or enforcement of judgments.

12.2 Dispute Resolution: We value our client relationships and prefer to resolve issues amicably. If you have any concerns or are dissatisfied, please contact us before taking formal action, and we will attempt in good faith to resolve the matter informally. In the event we cannot resolve a dispute by mutual discussion, and if both parties agree, we can consider mediation or arbitration as alternatives to court. (This clause is not binding arbitration, just an agreement to talk first and consider ADR – any formal arbitration would need a separate agreement.)

12.3 Entire Agreement: This Agreement (including any additional terms or documents it incorporates by reference, such as our Privacy Policy or specific program terms) constitutes the entire agreement between you and us regarding the Services, and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to its subject matter. Any changes or additions to this Agreement must be in writing and agreed by both parties (for example, a written addendum or updated terms accepted by you). We may update these Terms as described below.

12.4 Updates to Terms: We may modify these Terms of Service from time to time, especially to reflect changes in laws or business practices. If we do, and if you are a current client, we will notify you of the changes (for example, by email or via the platform) and such changes will apply prospectively. If you have a fixed-term program, the terms in effect at the time of your enrollment typically govern for that program unless we mutually agree to adopt the new terms . For ongoing subscribers, continued use of the Services after the effective date of updated terms constitutes acceptance of the new terms . If you do not agree to a material change, you may terminate the Services (and if it materially affects you, we will work out a fair pro-rated refund for remaining portion). It’s a good practice to review the Terms periodically. We will always have the “Last Updated” date at the top for reference.

12.5 No Assignment: You may not assign or transfer your rights or obligations under this Agreement to anyone else without our prior written consent. (For example, you can’t “substitute” someone to take over your program unless we allow it, and they would need to agree to the Terms as well.) We may assign our rights and obligations to a successor in interest (for instance, if the company is sold or restructured) or subcontract certain obligations (like bringing in an assistant coach), but in doing so we will ensure the Agreement’s obligations continue to be fulfilled.

12.6 Severability: If any provision of this Agreement is found by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed or limited to the minimum extent such that the rest of the Agreement remains in full force and effect . In other words, we want the Agreement to survive even if part of it is struck down. For example, if a law does not allow a one-year claim limitation in your case, that clause would be modified to the minimum extent (maybe allow the statutory limitation instead) but the rest of the Agreement stays effective.

12.7 Force Majeure: We are not liable for any failure or delay in our performance (nor deemed in breach) if it is due to causes beyond our reasonable control, such as acts of God, war, terrorism, government actions, national emergencies, public health emergencies, pandemic, labor disputes, power or internet outages, or other force majeure events . If such an event substantially prevents us from delivering significant parts of the Services, we will notify you and may suspend services until the event is resolved. We will not charge you for suspended period or will extend your program accordingly. If the force majeure event makes it impossible to continue the Services in the long term, either party may terminate and we will provide an equitable adjustment or refund for the portion of services not provided.

12.8 No Waiver: If we fail to enforce any right or provision of this Agreement, that does not mean we have waived our right to enforce it later. For example, if you miss a payment and we don’t immediately terminate, we can still enforce payment or termination later; leniency one time doesn’t mean permanent leniency. Any waiver of any provision must be in writing and signed by us to be effective, and even then, it’s not a waiver of any other provision or of the same provision in the future.

12.9 Relationship of Parties: Your relationship with us is that of an independent client-coach relationship. You are not an employee, partner, or joint venture of our company. You have no authority to act on behalf of us or bind us in any way, and vice versa.

12.10 Headings and Interpretation: Section headings in this Agreement are for convenience and organization only and have no substantive effect. In case of any ambiguity in interpretation, no presumption will be made against the drafter (we both had opportunity to review terms, especially since you could ask questions or seek clarification). “Including” means “including without limitation” as used here.

12.11 Survival: Any provisions which by their nature should survive termination (such as disclaimers, limitation of liability, indemnity, intellectual property protections, governing law, dispute resolution) will survive the expiration or termination of this Agreement.

12.12 Electronic Agreement and Counterparts: You agree that acceptance by clicking “I agree” or a similar mechanism online, or by electronic signature, is as valid as an original signature and binds you to these terms. This Agreement may be executed in counterparts (if in paper form), but that’s unlikely as this is primarily online.

12.13 Contact Information: If you need to contact us for any reason regarding this Agreement, you can reach us at:

Empowered By Science (Health Hubb Pty Ltd) – via email using the contact form. Please send any notices or legal correspondence to the above. Communication will be established shortly after, to avoid risk of spam of providing an email included here.

By enrolling in or using the Services, you confirm that you have read this Terms of Service Agreement carefully, understand its contents, and agree to all of the above provisions.