ONLINE COACHING TERMS

These Terms are between Erik J Training (ABN 36 501 363 235) (we, us or our) and the person purchasing coaching (you or client).

1. Agreement and eligibility

By completing checkout, accepting the checkout checkbox or using the service, you agree to these Terms and the package description displayed when you purchased. You must be at least 18 and provide accurate information.

2. Coaching service

Your package may include:

- an individual resistance-training program delivered through the nominated coaching platform;

- nutrition education, which may include a meal plan, calorie or macronutrient targets and practical food guidance;

- weekly check-ins, progress tracking and reasonable training or nutrition adjustments; and

- message support and access to relevant coaching resources.

Your initial program will ordinarily be delivered within 2 business days after we receive complete onboarding information, payment and any reasonably requested safety information. Delivery may be delayed until missing information or medical clearance is supplied.

The service is provided remotely and is based on the information you supply. We do not physically examine you, supervise your training environment, inspect your equipment or continuously monitor your technique, symptoms or physical condition.

Reviewing a check-in, message, photograph or training video does not amount to continuous supervision or guarantee that an exercise, technique, environment or item of equipment is safe.

The service does not include emergency support, medical treatment, physiotherapy, psychology, medical nutrition therapy or live personal training unless expressly stated in your package.

3. Health and client responsibilities

Coaching supports general fitness, strength, body-composition and nutrition habits. It is educational and is not medical advice, diagnosis or treatment. It does not replace advice from a doctor, accredited practising dietitian or other qualified health professional.

You must:

- provide complete and accurate information about injuries, pain, medical or mental-health conditions, medications, allergies, pregnancy, eating-disorder concerns and professional restrictions;

- promptly report material changes in your health, symptoms, medication, pregnancy, injuries or circumstances;

- obtain medical or allied-health clearance when requested or reasonably appropriate;

- use safe premises, suitable equipment and appropriate technique, and remain within your capabilities;

- follow reasonable safety instructions and not continue through pain, illness or concerning symptoms;

- not make material changes to the program and attribute the consequences of those changes to us; and

- check food labels, ingredients, allergens, preparation, storage and suitability for your circumstances.

You are responsible for deciding whether you can safely perform an activity at the relevant time. Immediately stop and seek appropriate help if pain, dizziness, faintness, breathing difficulty, chest pain, an allergic reaction or another concerning symptom occurs. Call 000 in an emergency.

Exercise and dietary changes involve inherent and obvious risks. You acknowledge the risk warning in these Terms and accept those risks to the maximum extent permitted by law.

4. Price, recurring billing and failed payments

The price is $149 AUD per week. Your first payment is charged at checkout and you authorise the same payment method to be charged automatically every 7 days until cancellation. There is no minimum commitment. The displayed price includes any GST that applies.

We may change the price by giving at least 30 days' written notice. You may cancel before the change takes effect.

If a payment fails, the payment provider may retry it and we may ask you to update your details. Coaching, adjustments and platform access may be paused while payment remains overdue. A failed payment does not cancel the subscription. We do not charge a failed-payment fee, although your bank, card provider or payment platform may charge its own fee.

5. Cancellation, pauses and refunds

Cancellation

You may cancel at any time through the GHL Client Portal or by emailing [email protected] with your full name and checkout email. Cancellation takes effect when submitted through the portal or received by email and stops future payments. Deleting an app, stopping use or missing check-ins does not cancel the subscription. Access ordinarily continues until the end of the paid week. If a payment is taken after a timely cancellation request because of delay or error, we will refund it.

Pauses

You may request a pause at any time by emailing [email protected]. Billing, active coaching, adjustments and support stop once the pause is confirmed. A pause does not guarantee your place. Return is subject to capacity, and billing will not resume until a return date is confirmed.

Satisfaction refunds

If you are genuinely unhappy, you may request a refund at any time during coaching or within 28 days after your latest payment by emailing [email protected]. We will refund all coaching fees charged during the 28 days immediately before the request. If you joined less than 28 days earlier, all fees paid since joining will be refunded. An approved refund ends the subscription and coaching access unless we agree otherwise.

The satisfaction refund may be used once per client. You may not obtain a refund and a chargeback, payment reversal or other recovery for the same payment. Any duplicate amount must be repaid. These limits do not affect rights that cannot lawfully be excluded, including under the Australian Consumer Law.

6. Check-ins and communication

Check-ins must be submitted by the communicated deadline. Late check-ins may move to the next review window. Adjustments are made only when appropriate and supported by enough current information; a check-in does not guarantee a change.

Missing or incomplete check-ins do not pause billing, extend coaching or automatically create a refund right. After 2 consecutive missed check-ins, we may contact you and pause further adjustments until enough current information is received.

You may send coaching messages at any time. We ordinarily respond within 1 business day. This is not continuous monitoring or emergency coverage.

7. Platforms, access and intellectual property

We use third-party systems for payments, forms, communication, storage and program delivery. Their availability, security and separate terms may apply. If a major outage prevents an important part of the service, we will take reasonable steps to provide an alternative or another remedy required by law.

You are responsible for maintaining a compatible device and internet connection, protecting your login details and notifying us promptly of suspected unauthorised access. You must not share your account or allow another person to use your program. You are responsible for activity undertaken through your account with your permission.

Programs, videos, templates and other coaching materials remain our property. While subscribed, you receive a personal, revocable, non-transferable licence to use them only for your own non-commercial training.

You must not screenshot, screen-record, record, copy, scrape, extract, modify, upload, publish, distribute, sublicense, sell, commercially exploit or provide the service or materials to another person, except for an incidental personal copy reasonably required to use the service. Unauthorised use or sharing is a material breach and may result in immediate suspension or termination.

When coaching ends, active support and adjustments end and platform or resource access may be removed at the end of the paid period. The restrictions on copying, sharing and commercial use continue after access ends.

8. Results and marketing content

By accepting these Terms, you consent to Erik J Training using photographs, progress photographs, videos, progress results, testimonials and feedback you provide for marketing, advertising and promotional purposes, including on our website, social media and digital advertising.

You may opt out before any marketing use or withdraw your consent at any time by emailing [email protected], without affecting your coaching or membership.

Withdrawal applies to future use and material we can reasonably remove or stop using. It may not apply to material already lawfully printed, distributed, published or independently reshared by third parties where removal is no longer reasonably within our control.

We will not use private medical or health information for marketing purposes unless you separately and specifically consent to that use.

You confirm that content you provide is yours or that you have permission to provide it, and that our permitted use will not infringe another person's intellectual property, privacy, confidentiality or other rights.

9. Privacy

We handle personal and health information under our Privacy Policy and the collection notice provided during onboarding. Health information is collected for coaching only after the required notice and consent. We may use genuinely de-identified or aggregated information where it cannot reasonably identify you.

10. Suspension or termination

We may immediately suspend, restrict or end coaching where continuing the service creates a reasonable safety, legal, regulatory, payment-security or material reputational risk arising from your conduct or circumstances. This includes serious or repeated breach, abuse or harassment, unlawful or fraudulent conduct, unsafe participation, materially false or withheld safety information, shared account access, misuse of materials or serious payment default.

We may require further information, updated health screening or medical or allied-health clearance before starting or resuming coaching. Unless immediate action is reasonably necessary, we will ordinarily give notice and a reasonable opportunity to correct a remediable breach.

If we end coaching without fault by you, we will refund any paid service that will not be supplied. If suspension or termination results from your breach or safety information you failed to provide, fees for services already supplied remain payable and access may end immediately, subject to the satisfaction refund policy and rights that cannot lawfully be excluded.

11. Risk warning, release, indemnity and limitation of liability

For this section, Protected Parties means Erik J Training, together with its employees, contractors and agents.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Risk warning

Exercise, resistance training, dietary changes and related activities may involve significant physical exertion and risk. Risks include pain, illness, allergic or adverse reactions, aggravation of an existing condition, physical or psychological injury, permanent disability and death.

These risks may arise from the program itself, incorrect technique, excessive effort, inadequate recovery, unsuitable equipment, an unsafe environment, unsupervised training, dietary changes, pre-existing conditions or inaccurate or incomplete information.

You acknowledge that you have been warned of these risks and voluntarily accept all inherent and obvious risks associated with participating in the coaching service.

Remote and unsupervised coaching

Our service is provided remotely. We do not physically examine you, supervise your training environment, inspect your equipment or continuously monitor your technique, symptoms or physical condition.

Any program, adjustment or feedback is based on the information you provide. Reviewing a video, check-in or message does not amount to continuous supervision or guarantee that an exercise, technique, environment or piece of equipment is safe.

You remain responsible for deciding whether you can safely perform an activity at the relevant time.

Client responsibilities

You must:

- disclose all information reasonably relevant to safe coaching, including injuries, pain, medical conditions, medications, allergies, pregnancy, eating-disorder concerns and professional restrictions;

- promptly report any material change in your health, symptoms, medication or circumstances;

- obtain medical or allied-health clearance when requested or reasonably appropriate;

- use safe premises, suitable equipment and appropriate technique;

- follow reasonable safety instructions and remain within your capabilities;

- not make material changes to the program and attribute the consequences of those changes to us;

- check food labels, ingredients, allergens, preparation, storage and suitability for your circumstances; and

- immediately stop and seek appropriate assistance if pain, dizziness, faintness, breathing difficulty, chest pain, an allergic reaction or another concerning symptom occurs.

Call 000 in an emergency. The service is not emergency monitoring or medical care.

Release for recreational services

Where the service constitutes recreational services, and to the maximum extent permitted by sections 139A of the Competition and Consumer Act 2010 (Cth) and 5N of the Civil Liability Act 2002 (NSW), you agree that our liability for death, physical or mental injury, disease or another harmful condition is excluded to the extent it arises from:

- negligence;

- failure to comply with an applicable consumer guarantee;

- an inherent or obvious risk;

- unsupervised participation; or

- your acts, omissions or failure to follow reasonable instructions.

This exclusion does not apply to significant personal injury caused by reckless conduct or to liability that cannot lawfully be excluded.

General release

To the maximum extent permitted by law, you release the Protected Parties from claims, loss, injury, damage, liability or expense arising from:

- inaccurate, incomplete or withheld information;

- failure to obtain recommended clearance;

- continuing after pain, illness or concerning symptoms arise;

- failure to follow the program or reasonable safety instructions;

- modifications you make without our approval;

- unsafe premises, equipment, food preparation or conduct;

- use of the service by another person;

- unauthorised account access resulting from your failure to protect your login details;

- third-party platforms, systems or content outside our reasonable control; or

- events beyond our reasonable control.

The release applies only to the extent permitted by law and does not apply to fraud, wilful misconduct, reckless conduct or liability that cannot lawfully be excluded.

Excluded losses

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or loss of income, profit, business, opportunity, goodwill, reputation, data, anticipated savings or use.

Liability cap

Subject to liability that cannot lawfully be limited, our maximum aggregate liability arising from or connected with the service is limited to the coaching fees you paid during the 12 weeks immediately before the event giving rise to the claim.

The cap does not apply to fraud, wilful misconduct, reckless conduct or liability that the law prohibits us from limiting.

Indemnity

You indemnify the Protected Parties against loss, liability, damage, penalties, third-party claims and reasonable enforcement or legal costs arising from:

- your breach of these Terms;

- your negligent, reckless, fraudulent or unlawful conduct;

- inaccurate, incomplete or withheld information;

- failure to follow safety instructions or obtain recommended clearance;

- injury or property damage caused by your conduct;

- unauthorised use, copying, sharing, publication, resale or commercial exploitation of the service or coaching materials;

- use of your account or program by another person with your permission; or

- photographs, videos, testimonials or other content you provide that infringes another person's intellectual property, privacy, confidentiality or other rights.

The indemnity is reduced to the extent that the relevant loss was caused or contributed to by our unlawful, reckless or wilful conduct and does not apply where it cannot lawfully be enforced.

This section continues after the coaching relationship ends.

12. Complaints and disputes

Send complaints to [email protected]. We will acknowledge the complaint and respond within a reasonable period.

Before either party starts court proceedings, it must first give the other written notice explaining the dispute and the outcome sought. Both parties must then make a genuine attempt to resolve it within 14 days.

This process does not apply where urgent action is reasonably required or a legal time limit may expire. It does not limit rights under the Australian Consumer Law or prevent contact with NSW Fair Trading, the ACCC, the OAIC, the Information and Privacy Commission NSW, a tribunal or another appropriate body.

13. General terms

Changes

We may make reasonable changes required by law, safety, security, technology or service administration. We will give reasonable notice of a material change, and no change removes an accrued right. If a material change substantially disadvantages you, you may cancel before it takes effect.

Events beyond our control

We are not responsible for delay or failure caused by events beyond our reasonable control, including natural disasters, public-health events, utility or internet failures, cyber incidents, industrial action, government action or third-party platform failure. We will take reasonable steps to reduce disruption. If a substantial part of the service cannot be supplied for an extended period, either party may cancel and any prepaid amount for service that will not be supplied will be handled as required by law.

Entire agreement

These Terms, the package description shown at purchase, the Privacy Policy and the Cancellation, Refund and Pause Policy form the agreement between us. An oral statement does not vary the agreement unless confirmed by us in writing. Nothing excludes liability for misleading or deceptive conduct that cannot lawfully be excluded.

No waiver

A delay or failure to enforce a right is not a waiver of that right. A waiver is effective only if given in writing and applies only to the specific circumstance for which it is given.

Survival and severance

Provisions concerning payment obligations, intellectual property, privacy, marketing permissions, releases, liability, indemnities, disputes and any provision intended by its nature to continue will survive cancellation or termination. If a provision is unlawful or unenforceable, it will be read down to the minimum extent necessary or severed without affecting the remaining terms.

Governing law

These Terms are governed by the laws of New South Wales and applicable Commonwealth law.