COACHING SERVICES AGREEMENT
Introduction:
Welcome to Feel Good Collective coaching service referred to as “Coaching Service” These Terms and Conditions are entered into by and between you and The Company [TRADING AS; FEEL GOOD COLLECTIVE] [68640962429] and supersede and replace any terms and conditions of services that you may have previously agreed with [FEEL GOOD COLLECTIVE] in connection with the company’s coaching service either subscription, online, or on a face-to-face basis.
We reserve the right to change these terms and conditions at our sole discretion. Should we update the terms and conditions we will use reasonable endeavours to notify you of any updates to the Terms and Conditions. Any changes will take immediate effect from the date of notice & available on our website at www.feelgoocollective.com.au
Acceptance of Terms:
By using our service, you agree to the following terms and conditions.
Eligibility:
By accessing or using our coaching services; you confirm that you are of legal age in your country and not under 18 years old, and/or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
If you are a parent or legal guardian permitting a Minor to access and/or use the Coaching, you agree to (1) assume all risks associated with, and liabilities resulting from, the Minor’s use of the ‘Coaching’ or ‘Subscription’; (2) ensure that the content on the ‘Coaching’ or ‘Subscription’ is suitable for the Minor; (3) ensure all information submitted to us by the Minor is accurate; and (4) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.
Feel Good Subscription Terms & Conditions of Use
1. Service Description
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- Subscription Service: We offer online fitness coaching services, including workout plans, nutritional guidance, and wellness coaching, accessible through our website and mobile application.
- Other coaching Services: We also offer online and in-person coaching services, the product and payments vary between coach, frequency and product.
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- Access and Usage: Your subscription grants you access to our platform where you can view and participate in our coaching programs.
2. Subscription Plans and Payments
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- Subscription Plans: Subscribe to Feeling Good is our weekly subscription plan that includes access to the FGC community, shared training programs and nutrition guidance platform.
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- Payment: By subscribing to our service, you agree to pay the subscription fee of $14.99 per week which is outlined at the time of purchase, you are eligible for one 7 day free trial. After the 7 days you are automatically charged unless you cancel. The subscription payments are processed through secure third-party payment processors Stripe/Trainerize Pay. Late payment fees may occur for unsuccessful payments.
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- Automatic Renewal: Subscriptions are continuous and automatically renewed unless cancelled before the renewal date. You authorise us to charge the subscription fee to your chosen payment method at the beginning of each renewal period and are responsible for managing your subscription. Should you wish to cancel, ensure you do so before the weekly renewal date.
3. User Responsibilities
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- Accuracy of Information: You agree to provide accurate, current, and complete information about yourself as prompted by our registration forms.
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- Health and Safety: You acknowledge that participation in our coaching programs carries inherent risks. You agree it is your responsibility to consult with your healthcare provider before starting any fitness or nutrition program provided by us.
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- Compliance: You agree to comply with all applicable laws, rules, and regulations while using our services.
4. Intellectual Property
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- Ownership: All content and materials provided as part of our coaching services and subscription, including workout plans, videos, and nutritional guidance, are our intellectual property and may not be reproduced, shared or distributed without our express consent.
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- Licence: By subscribing to our service, we grant you a limited, non-exclusive, non-transferable licence to access and use the content solely for your personal, non-commercial use.
5. Limitation of Liability
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- No Guarantees: We do not guarantee specific results from our services. Your success depends on various factors, including your adherence to our programs.
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- Indemnification: Client assumes all risks of participating in exercise, training or nutrition programs, sessions and classes, and events and agrees that the Company and its landlords, agents, employees, or contractors, if any, shall have no liability for any injury, illness, or similar difficulty that the Client may suffer arising out of or connected with Client’s participation in the Company’s programming and/or services during or after use of the companies services or products.
6. Modifications to Terms
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- Changes: We reserve the right to modify these Terms at any time. Updated Terms will be effective immediately upon posting on our website. Your continued use of our services after the posting of updated Terms constitutes your acceptance of such changes.
7. Marketing Materials & Consent
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- Marketing, Images & Testimonials: The Company may share Client Testimonials, Progress photos, or any other relevant photography and/or Training videos for the purpose of Marketing online, on social media, the website or on other marketing materials. The Company may continue to use materials after the Client exits the coaching agreement. Out of courtesy, we ask for permission from the client before sharing photo’s but are not obliged.
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- Events, Messages or Webinars might be recorded for marketing or educational purposes. You agree and consent to be in these materials.
7. Termination
Cancellation: You may cancel your subscription at any time with one week’s notice. As a subscription holder, You can cancel your subscription yourself via the app. For online coaching or face-to-face coaching cancellation terms differ (see below). As a subscription holder, you are responsible for managing your own subscription. No refunds will be issued should you miss the payment schedule or if you do not use the app.
Termination by Us: We reserve the right to terminate or suspend your access to our services at our discretion, without prior notice, for any reason, including if we believe you have violated these Terms.
8. Governing Law
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- Jurisdiction: These Terms are governed by and construed in accordance with the laws of NSW Australia. Any dispute arising out of or related to these Terms shall be exclusively resolved in the courts located in NSW Australia.
FACE TO FACE COACHING AGREEMENT & PERSONALISED ONLINE COACHING AGREEMENT
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- Service Description:
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- Face to Face Coaching Sessions are in-person coaching sessions that include but are not limited to taking you through your personalised program, consulting with you on lifestyle or nutrition advice, & technique feedback. The amount of sessions you have per week is subject to mutual agreement between you, your coach and the company. These are conducted at our place of business.
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- Personalised Online Coaching is remote programming, coaching, nutrition and lifestyle advice that is personalised to the client by the coach or company.
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- Terms of use:
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- Minimum Term: Client, Company, and its employees have agreed that the Company will provide Client with a minimum 4 weeks coaching.
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- Session Duration: In person appointments go for a duration of an hour, and include a check-in time of 15 minutes.
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- Online Check-in Calls: Check-in calls vary between 30 minutes- to 1 hour monthly and are required to be self-booked by the client with the times available on the booking system. Missed bookings do not incur credits.
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- Session Times: Each coaching session will be at a mutually agreed-upon time and shall be subject to the policies such as opening & closing hours. The Company, and its employees or contractors have the right to change these schedules at any time. Times are to be organised by the clients coach and will be scheduled in advance on mind-body software management.
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- 24 Hour Cancellation Policy: Any cancellations or no-shows made by the client with less than 24 hours notice will be forfeited.
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- Refunds: The Company does not supply refunds. If more than 24 hours is given by the Client, the appointment may be rescheduled at a mutually agreeable time, but cannot be refunded. In unforeseen circumstances cancellations or no-shows within 24 hours’ notice may be rescheduled at the discretion of the Company but should not be expected. Direct Debit Payments cannot be paused to make up for unused sessions.
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- Unused sessions: Any sessions cancelled or rescheduled sessions outside of 24 hours’ notice, must be made up within 4 weeks of the purchase date otherwise they are forfeited. Rescheduled sessions must be at mutually agreed times between coach and client.
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- Program updates: The Company and its Coaches supply updated programs and plans at their discretion, This can be in blocks depending on the clients needs and circumstances. Delays should not be expected but in the event it does happen, the Company and its coaches will do their best to get the program to you in a timely manner.
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- Communication: The Company prides itself on communication between coaches and clients, however the company asks for respect of coaches’ ‘right to switch off’ and will do its best to get back to you within 24-48 hours. If your coach is on leave, you will be directed to an alternative point of contact, you also can ask questions via the group chat or reach out anytime to support@feelgoodcollective.com.au
Please direct communication between coach & client via the app direct messaging & any formal requests regarding payments, cancellation, suspension, payment queries, urgent queries or feedback to email support@feelgoodcollective.com.au
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- If Your Coach is away or unavailable: In the event the Coach that the client is normally assigned is unavailable, or for any reason exits the company it may be necessary to assign another coach to avoid disruption of coaching and services.
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- Results: The Company will provide the best support and framework possible to obtain and achieve the desired results the Client wants to achieve, but results are not guaranteed nor promised. No refunds, credits or any compensation will be justified for dispute or understanding of services provided.
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- Feedback: If the Client has feedback and would like to provide such feedback please email support@feelgoodcollective.com.au and the Company will do its best to address the feedback.
Payment Policy:
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- Payment schedule: Payments are made in advance by at least a week. The Company opts for Weekly Direct Debit Payments via clients’ elected Credit or Debit Cards. Appointments will not be serviced unless the payment is made prior to the session time.
- Cash Payments: Cash Payments for face-face sessions can be made in upfront payments of 12 weeks. All T’s and C’s still apply, inclusive of the cancellation and unused session policy. Sessions need to be held weekly, and will not be stored as credit if the client decides they cannot make it.
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- Upfront payments: Any Client who prefers an upfront payment can be made at a minimum of 12 weeks in advance and used within 14 weeks from time of purchase.
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- Payment method: Payments are made through a third-party system. Client’s are required to sign a direct debit form to consent to the selected payment option upon sign-up.
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- Price increases: The Company holds the right to increase the price of the agreement with 4 weeks written notice emailed to the client at any time, for any reason.
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- Failed Payments: You acknowledge and agree that where a request for the payment of the Coaching fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the failed payment.
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- Additional charges: The Clients weekly Direct Debit or upfront package payment includes the agreed services in this agreement, any additional services or change in services will be charged accordingly.
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- Suspension, Cancellation & Termination:
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- Suspension of Payments: Payments may be paused at any time with 2 weeks notice.
Notice with reason must be emailed to support@feelgoodcollective.com.au. For unique or unforeseen circumstances such as illness or injury, the 2 weeks may be waived at the discretion of the company with documentation provided. We cannot pause payments for unused sessions.
During the hold, your program and access to any Feel Good collective platform, programming or coaching services is suspended.
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- Cancellation or Termination: Cancellation of coaching is a 4-week notice period. To Cancel, The client needs to supply the company in writing that they wish to cancel the agreement.
This can be emailed to: support@feelgoodcollective.com.au
After the 4 weeks’ notice the Client will no longer have access to programs, nutrition or App Access, or member portal.
During the 4 weeks cancellation period the remaining sessions/check-ins will be done from the current program at the time and the coach will not issue new programs, or plan updates unless scheduled to do so at their discretion.
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- Termination of Contract: Client acknowledges and agrees that the Company has the right to terminate this relationship at any time and for any reason, with no obligation to Client beyond a refund of the payments made in advance for unused sessions.
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- Client & Company Confidentiality:
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- Intellectual Property of Feel Good Collective: All programs, plans, nutritional and lifestyle guidance is strictly confidential between the Company and Client and cannot be distributed, shared, or resold by the Client. If a Client is sharing private information or intellectual property of the business, it is within the Company’s rights to terminate the coaching agreement and/or seek legal action.
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- Client information: The company will collect and store your personal information for the purpose of providing our fitness coaching service. Your personal information may be shared with third parties if deemed necessary to deliver our services these include but are not limited to; Coaching, nutrition, payment and marketing software the company uses.
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- Marketing, Images & Testimonials: The Company may share Client Testimonials, Progress photos, or any other relevant photography and/or Training videos for the purpose of Marketing online, on social media, the website or on other marketing materials. The Company may continue to use materials post the Client exiting the coaching agreement.
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- Liability and Risk:
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- Exercise & Program Risk: Client assumes all risks of participating in an exercise training programs, sessions and classes and agrees that the Company and its landlords, agents, employees, or contractors, if any, shall have no liability for any injury, illness, or similar difficulty that the Client may suffer arising out of or connected with Client’s participation in the Company’s programming and/or services during this coaching agreement and after.
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- Health Related advice & liability: The Company does not provide any medical diagnosis or advice regarding an individual’s physical or medical condition. The nutritional, training and lifestyle information that the Company provides during coaching sessions, and through the company’s content (webinars, social media etc) is given as guidance only. The Client acknowledges that any guidance given to them by the Company, its employees or contractors, is guidance only and that the Client is legally responsible for all food, activities and supplementation that is consumed. The Client hereby relinquishes and waives all responsibility of the Company for any health complication that may arise by following any guidance or advice given to them.
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- Medical documentation: Client is required to supply any relevant medical certificates, treating physician’s recommendations and/or relevant medical documents to the Company prior to completing a fitness evaluation or commencing exercise training sessions. If any new advice arises it is up to the Client to share this immediately with the Company.
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- Community Guidelines:
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- Bullying and conduct: Bullying of any kind is not permitted in any situation, such as but not limited to social media platforms, group messages, in group sessions, events, retreats, towards the Company’s employees, contractors, members or guests. Any degrading comments about, but not limited to, race, religion, culture, sexual orientation, gender or identity will have consequences and are grounds for termination of this agreement. This agreement consents to respecting others’ boundaries; avoiding eliciting harassment, toxicity, threats, abusive words, hate speech, and/or arguing.
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- Social Media: The use of social Media platforms such as the Facebook Group is to be used for relevant posts, and interactions only. Any inappropriate comments, posts, or behaviour will not be tolerated. NO Spam, or use of the group to sell or advertise will be deemed acceptable unless approved by company authorities.
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- COVID-19 Policy and Procedure
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- Covid Policy: Client agrees to respect the health of other Clients, coaches and agrees to not to participate in face to face coaching sessions if they are showing flu-like symptoms, or have been deemed at risk of infection by NSW and WHO health standards. Sessions can be rescheduled due to covid or isolation needs. Client agrees to follow and stay up to date with the latest NSW health recommendations in regards to the virus.
The Company agrees to also follow and abide by current NSW health regulations. In the event of Lockdowns or COVID regulations, coaching agreement continues as per usual and is not a grounds for termination. The Company will readjust programming, and delivery of service according to the health advice and regulations such as but not limited to, a change in conditions, locations, or online.
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- Jurisdiction
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- These terms and conditions are governed by the laws of NSW AUSTRALIA, and any disputes arising from or related to this agreement shall be settled in the courts of NSW AUSTRALIA.
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- Modifications
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- We reserve the right to modify these terms and conditions at any time. If you continue to use our service after any modifications have been made, you are agreeing to the new terms and conditions.
Contact Us
If you have any questions about these Terms, please contact us at support@feelgoodcollective.com.au