Terms & Conditions

These Terms and Conditions (“Terms”) govern your use of the Elevate Fitness and Nutrition (“Elevate”, “we”, “us” or “our”) website and our online fitness and nutrition coaching services. By accessing our website, submitting our intake form, or purchasing a plan, you agree to these Terms. Please read them together with our Privacy Policy. If you do not agree, please do not use our website or services.

1. About us

Elevate Fitness and Nutrition (ABN 48 245 647 040) is an online fitness and nutrition coaching business based in Australia. Our programs are created by our coaches, Rhianna, an Exercise Scientist and Accredited Nutritionist, and Killian, a Personal Trainer and Accredited Nutritionist.

2. Eligibility

You must be at least 18 years old to use our services. You agree to provide accurate, current and complete information when you complete our intake form and health screening, and to keep that information up to date. We may decline to provide, or may end, our services where they are not suitable for you or fall outside our scope of practice.

3. Our services

We provide personalised training and nutrition coaching delivered online through our coaching app and related tools. What is included depends on the plan you choose (for example Bronze, Silver or Gold), as described on our website at the time of purchase. An Initial Consultation is included with certain plans. We may improve, change or discontinue features of our services from time to time.

4. Health, medical disclaimer and assumption of risk

Our coaching is for general health and fitness purposes and is not medical advice, diagnosis or treatment. It is not a substitute for advice from your doctor or another qualified health professional. You should consult your GP before starting any new training or nutrition program, particularly if you are pregnant or postpartum, or have any medical condition, injury or symptom.

You participate in our programs at your own risk. Exercise and changes to your diet carry inherent risks, including the risk of injury. You are responsible for disclosing relevant health information to us, exercising within your own limits, and stopping and seeking medical attention if you feel unwell. To the extent permitted by law, you assume the risks associated with participating in our programs.

5. Your responsibilities

• Provide accurate and complete information, and tell us promptly if your health or circumstances change.
• Follow your program as prescribed and use the tools and app appropriately.
• Understand that your results depend on many individual factors and, most importantly, on your own adherence to the program.
• Keep your account secure and not share it with others.

6. Plans, pricing and payment

Our plans are billed on a recurring weekly or monthly basis, in advance, through our coaching app and/or its payment provider. Prices are in Australian dollars and are as shown on our website at the time of purchase (including GST where applicable). By subscribing, you authorise us (and our payment provider) to charge your chosen payment method on a recurring basis until your plan is cancelled in accordance with these Terms. You are responsible for keeping your payment details current. If a payment fails, we may suspend your access until payment is made.

7. Minimum commitment and cancellation

The Gold plan has a minimum commitment of 12 weeks, because meaningful body recomposition takes time. After the minimum commitment, you may cancel at any time. The Bronze and Silver plans may be cancelled at any time.

Cancellations take effect at the end of your current billing period. You will retain access until the end of that period and will not be charged again afterwards. We do not provide pro-rata refunds for the remainder of a billing period. To cancel, please contact us or use the cancellation option in your account or app.

8. Refunds and the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL. If we fail to meet a consumer guarantee, you may be entitled to a remedy.

Subject to your rights under the ACL, fees that have already been paid are generally non-refundable, including where you change your mind or do not use the service, and the Gold minimum commitment continues to apply. If you believe you are entitled to a refund or remedy, please contact us.

9. Results, testimonials and imagery

We do not guarantee any specific result. Fat loss, muscle gain and body recomposition depend on individual factors, including your starting point, genetics, health, consistency and how closely you follow your plan. Outcomes vary, and following a plan does not guarantee a particular outcome.

Any testimonials and reviews on our website reflect individual experiences and are not typical or a guarantee of results. Photographs, before-and-after images and other imagery on our website are illustrative and have been created or enhanced using artificial intelligence; they do not depict specific clients or guaranteed outcomes.

10. Intellectual property

All programs, plans, content, materials and resources we provide are owned by or licensed to Elevate and are protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable licence to use them for your own training and nutrition while you are a client. You must not copy, reproduce, share, publish, resell or distribute our programs or materials, or use them to provide services to others, without our written permission.

11. Acceptable use

You agree to use our website, app and services lawfully and respectfully, and not to misuse them, attempt to gain unauthorised access, or interfere with their operation. We expect respectful communication with our coaches, and we may suspend or end services in cases of abusive or inappropriate conduct.

12. Third-party platforms

Parts of our services are delivered through third-party platforms (for example, our coaching app, booking tools and payment providers). Your use of those platforms may also be subject to their own terms and privacy policies. We are not responsible for the availability, performance or conduct of third-party platforms, although we will use reasonable efforts to work with reputable providers.

13. Limitation of liability

Nothing in these Terms limits your rights under the Australian Consumer Law. Subject to those rights, and to the maximum extent permitted by law:

• we are not liable for any indirect, special or consequential loss;
• we are not liable for loss or injury arising from your failure to disclose relevant health information, your failure to follow advice or your program, or from pre-existing conditions; and
• where we are liable for a breach of a consumer guarantee that may be limited by law, our liability is limited (at our option) to resupplying the relevant services or paying the cost of having them resupplied.

14. Termination by us

We may suspend or end your access to our services if you breach these Terms, fail to make payment, provide inaccurate health information, or where we reasonably consider that continuing would be unsafe or outside our scope of practice.

15. Privacy

We handle your personal and health information in accordance with our Privacy Policy, which forms part of these Terms.

16. Changes to these Terms

We may update these Terms, and our plans and pricing, from time to time. The current version will always be available on this page. Changes to pricing will not affect the minimum commitment terms that already applied to your current plan. Your continued use of our website or services after a change means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia.

18. Contact us

If you have any questions about these Terms, please contact us:

• Elevate Fitness and Nutrition (ABN 48 245 647 040)
• Email: contact@elevatefitnessandnutrition.com.au