Effective Date: 8 September 2025
Business Name: Total Physique Personal Training

ABN: 64976500559
Trading Names: Total Physique Personal Training, Momentum, Back-Proof Tradie

Location: Tamworth, NSW, Australia
Contact: admin@totalphysiquept.com

1. Acceptance & Applicability

• These Terms and Conditions govern your access to and use of Total Physique Personal Training’s services, including programs, challenges, digital resources, and the coaching app (customised via PT Distinction).

• By registering, purchasing, or participating in any program or service, you confirm you have read, understood, and agree to be bound by these Terms.

• Total Physique Personal Training reserves the right to amend these Terms at any time. Continued participation constitutes acceptance of updates.

2. Indemnity & Liability

• You agree to indemnify and hold Total Physique Personal Training harmless from claims, damages, costs, or expenses (including legal fees) arising from your use of our services.

• We are not liable for losses or damages arising from use of the app, website, or linked third-party platforms.

• While programs are designed for safety and results, we do not guarantee specific outcomes as individual results vary based on adherence, genetics, and lifestyle.

• Nothing in this indemnity clause limits or excludes consumer rights or guarantees conferred under the Australian Consumer Law, which cannot be excluded by law. Total Physique Personal Training acknowledges and complies with all mandatory consumer protections.

3. Intellectual Property

• All programs, workshop content, PDFs, videos, resources, and app content are the intellectual property of Total Physique Personal Training.

• You may not reproduce, share, or distribute content without written permission.

• Testimonials, feedback, or materials submitted by clients may be used for marketing purposes without compensation.

4. Program Access & App Use

• Access to programs, challenges, and the coaching app is valid only for the purchased duration.

• Logins are for individual use only and must not be shared.

• If you experience technical issues with the app, please get in touch with support.

5. Registration & Participation

By registering for a program, you confirm that:

• You have provided accurate and complete information.

• You are medically cleared to participate in exercise and nutrition changes.

• You release Total Physique Personal Training from liability for injuries or adverse outcomes from participation.

6. Payments & Pricing

• All prices are in AUD and processed via secure gateways (Stripe, or Apple Pay).

• Prices for ongoing recurring program payments are fixed for the duration of your current program term. Price changes will only apply to new workshops or programs prior to new client purchases. No price increases will apply mid-term for existing clients, ensuring price stability throughout your engagement.

• For subscription payment plans, you authorise automatic recurring payments until instalments are complete.

• Failure to complete payments will result in suspension of access.

• Payments will not be paused for personal travel, family holidays, work-related travel, or temporary inability to train.

• Where a member is unable to participate in physical training due to medical illness, injury, or surgery, access to non-training components of the program (including nutrition, mindset and education) remains available.
  Temporary suspensions may be considered in exceptional medical circumstances, subject to written evidence and approval.

7. Refunds & Australian Consumer Law

• Under Australian Consumer Law, you are entitled to a refund or replacement if services are not delivered as promised or are significantly different from what was described.

• Change of mind, lack of use, or missed participation does not qualify for a refund.

• As these are digital services with instant access, payments are otherwise non-refundable.

8. Guarantee

The Momentum Membership includes a 5kg Results Guarantee:

• If you complete all scheduled workouts, follow nutrition guidance, and submit weekly check-ins, yet do not achieve at least 5kg weight loss in 12 weeks, you will continue to receive free coaching for the following three months.

• Proof of adherence will be required: Proof of adherence requires logging workout results to complete at least 75% of scheduled weekly workouts; completing weekly check-in metrics (weight, waist circumference, energy levels, water intake); and logging food intake at least 5 out of 7 days weekly. Clients must provide initial weight, waist measurement, and progress photos at program start, with updated photos submitted every 4 weeks for visual transformation assessment.

9. Health Disclaimer

• Programs provide general health, fitness, and nutrition coaching only.

• They are not a substitute for professional medical advice.

• You must seek clearance from a qualified healthcare professional before beginning.

• Participation is at your own risk.

10. Community & Conduct

• Members must be respectful in all program communities, groups, and communications.

• Abusive, defamatory, or harmful behaviour may result in removal without refund.

• You agree not to post defamatory or harmful content about Total Physique Personal Training, Momentum or Back-Proof Tradie on social media or public platforms.

11. Cyber Security & External Links

• While we aim to keep platforms secure, we cannot guarantee they are free from viruses or security risks.

• Any external links are provided for convenience only; we do not control or endorse third-party content.

12. No Warranty on Results

• Programs are designed to support health and wellness, but results will vary.

• Outcomes depend on factors including adherence, exercise consistency, dietary habits, lifestyle, and genetics.

13. Age Restrictions & Eligibility

• Programs are intended for individuals aged 18 and older. By enrolling, you confirm you meet this age requirement.

• Individuals with diagnosed medical conditions or specific physical, mental health, or nutritional requirements identified during onboarding that exceed the scope of personal training will be referred to appropriate Allied Health professionals. Training programs will commence only after approval and adherence to guidelines provided by such health professionals.

14. Complaints & Dispute Resolution

• Complaints should be submitted in writing to admin@totalphysiquept.com with the subject line “Complaint”.

• Complaints will be reviewed and responded to within 14 business days.

• These Terms are governed by the laws of New South Wales, Australia, and disputes will be handled within NSW courts.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining Terms will remain in effect.