Terms of Service

This is fitness coaching. It is not medical, dietetic, physiotherapy or psychological treatment, and it is not a substitute for any of them.

Nutrition guidance in the app is general education. Your energy and macronutrient figures are calculated by standard public formulas from information you enter yourself. They are a starting point, not a prescription, and Matthew is a fitness trainer, not an Accredited Practising Dietitian. Where a nutrition question needs clinical judgement you will be referred to one, and nothing in this agreement creates a dietitian-client relationship.

Movement screening and assessment, including any corrective exercise suggestions, look at movement quality only. They are not a clinical or diagnostic assessment. Anything that suggests pain or an underlying injury results in a referral to an appropriate health professional rather than being worked around inside your program.

Every figure the app calculates for you, including anything produced automatically without a person reviewing it first, is an estimate from a formula applied to what you entered. You remain responsible for your own judgement, and for taking your doctor's or another relevant professional's advice, before relying on any of it for a decision that matters to your health.

We coach to a professional standard. We do not guarantee any particular outcome, including weight loss, strength gain, change in body composition or improvement in performance. Results depend on your effort, your consistency, your health, your circumstances and factors neither of us controls.

Nothing in this clause reduces the consumer guarantees in clause 18, which require the service itself to be supplied with due care and skill.

You confirm that what you have told us about your health, injuries, conditions and medication is accurate and complete to the best of your knowledge, and that you will keep telling us as things change.

If a screening question tells you to obtain medical clearance, you will not start or continue training until you have it. The Training waiver and assumption of risk sets this out in full and you sign it separately.

In-person coaching is $110 for each 60-minute coached session, with a minimum of two coached sessions a week.

Online coaching is $100 a week, which includes full app access and no in-person sessions.

Fees are billed weekly in advance through Stripe, from the payment method you provide. Fees are for the coaching time, programming and attention reserved for you, whether or not you use every session.

There is no way to buy coaching on the FITLY website or in the app. Coaching is arranged and paid for at a consultation with Matthew, and that consultation is free.

We may change our prices. If your price changes, we will tell you in writing at least 28 days before the new price starts.

You may end your coaching before the new price takes effect, whatever stage of the minimum term in clause 7 you are at, and you will owe nothing beyond coaching already delivered up to that date.

If you do not end it, the new price applies from the date we told you.

Coaching runs for a minimum of 12 weeks from the day it starts.

This is the reason, stated plainly so you can judge it. A block of coaching is planned as a whole. We reserve recurring time in a single trainer's week for you, which is time that cannot be sold to anyone else while it is held. Your program is built in phases that only make sense across a run of weeks, and the price is set on the basis of a 12-week block rather than week by week. A minimum term is how a one-person coaching business can hold that capacity and price it that way.

Clauses 8 to 11 set out every way the 12 weeks can end early or be paused. Read them before you sign, not after.

After the first 12 weeks, coaching simply continues week to week with no further fixed term, and you can end it at any time under clause 9.

You have 7 days from signing this agreement to change your mind and cancel, in writing, for any reason and with no fee.

Coaching actually delivered during those 7 days remains payable. Nothing else does.

Either of us may end this agreement by giving the other 2 weeks' written notice. The notice period is the same in both directions.

You give notice yourself in the app, under Settings. You do not have to phone anyone, ask anyone, or explain why, and notice is never refused.

Coaching, app access and billing all continue through those 2 weeks. It is paid coaching, not a dead period. Nothing is charged after it.

You may give notice at any time, including during the first 12 weeks. Giving notice during the minimum term does not end coaching sooner than the 12 weeks, and coaching never runs longer than these two rules require: it ends on whichever is later, the end of your 12-week minimum or 2 weeks from the day you gave notice. The app shows you that exact date when you give notice.

The 12-week minimum does not apply if any of the following happens during it. In each case coaching ends 2 weeks after you tell us, or sooner if we agree, and nothing is charged after that.

You are injured or become unwell in a way that means you should not train, and a doctor or other treating health professional says so.

You are pregnant, or your pregnancy changes in a way that means this coaching is no longer appropriate for you.

You move away from the area and in-person coaching is no longer practical, and online coaching is not something you want instead.

Your circumstances change in another significant and genuine way, including a change in your financial circumstances that makes continuing unreasonable.

We ask for reasonable supporting information, such as a letter or certificate, and we assess it in good faith and promptly. Ask early rather than waiting. This clause is here to be used.

Nothing in this clause limits any right you have to end this agreement under the Australian Consumer Law.

You get 2 free pause weeks in any rolling 12-month period, with billing suspended in full.

Beyond that you can pause for up to 4 more weeks at $30 a week. That fee holds your recurring time slot open rather than penalising you for pausing. The ceiling is 6 pause weeks in any 12-month period, being the 2 free and the 4 paid.

A pause needs 5 business days' written notice, and is available once you are past your first 12 weeks. A documented medical or injury reason can be accepted inside the first 12 weeks, assessed case by case.

You request a pause in the app. We tell you promptly whether it is approved, and if it is not, why.

Guides and programs bought from the shop are a separate, one-off purchase. They are not coaching. The 12-week minimum, the cooling-off period, the notice period and the pause system in this agreement do not apply to them.

They are general educational material for your own personal use, delivered into your account. Nothing in this clause reduces your Australian Consumer Law rights, including where a digital product is not of acceptable quality or is not fit for the purpose it was described as serving.

You can reschedule or cancel a booked session yourself in the app.

Moving or cancelling with at least 24 hours' notice costs nothing.

Inside 24 hours a late-cancellation fee may apply, charged through Stripe. It is set as a genuine pre-estimate of the cost of holding that time slot for you and is not a penalty. We will not charge it where the reason was outside your reasonable control, such as sudden illness or an emergency.

If we cannot deliver a session because of illness, an emergency or any other reason on our side, that session is rescheduled or credited at no cost to you. That is the same courtesy clause 13 asks of you.

If we are unable to deliver coaching for a continuous period longer than 2 weeks, you may end this agreement immediately, whatever stage of the minimum term you are at, and we refund anything you have paid for coaching not delivered.

Change of mind within the 7-day cooling-off period: cancel in writing, no fee. Coaching already delivered in those 7 days remains payable.

Change of mind after the cooling-off period and inside the 12-week minimum: no refund. The minimum term and its pricing are set on that basis, and clauses 10 and 11 are the routes out.

Change of mind after the 12-week minimum has ended: give 2 weeks' notice in the app. You are billed for those 2 weeks and coached through them. Nothing is charged afterwards, so no refund arises.

Where we are at fault, including a service failure, a scheduling error on our side, or coaching not delivered as agreed: a full remedy for the affected period, being a refund, make-good sessions or a credit, whichever puts things right.

Where you prepaid a block by arrangement and want to stop early with no fault on either side: no cash refund, and Matthew honours the unused value directly by arrangement towards future coaching or products.

Nothing in this clause limits any guarantee, right or remedy you have under the Australian Consumer Law, which apply in addition to it.

If we run a referral offer, the terms of the offer as advertised at the time are what applies, including the amount and what triggers it.

Referral credit is a credit against future FITLY coaching or products. It is not cash, it has no value outside FITLY, and it does not reduce or shorten the 12-week minimum.

Payments are processed by Stripe. You may optionally connect a wearable device or health app, entirely at your choice, and disconnect it at any time in the app.

Your relationship with any third-party service is governed by that provider's own terms as well as this agreement, and we are not responsible for that service's availability, accuracy or performance. We remain responsible for what we do with information those services give us, and the privacy policy sets that out.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, they must be supplied with due care and skill, they must be reasonably fit for any purpose you told us about, and they must be supplied within a reasonable time.

If we fail to meet one of those guarantees you are entitled to a remedy, and for a major failure you are entitled to cancel and to a refund of the unused part.

Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, and nothing in it should be read as trying to. Where any part of this agreement conflicts with those rights, those rights prevail.

The Training waiver and assumption of risk contains one narrow exclusion, limited to liability for death or personal injury, which Victorian law expressly permits for recreational services and which that document sets out in full. Nothing else is excluded anywhere.

The programs, plans and materials we create for you are yours to use, for yourself. They are not to be copied, resold, published or shared with anyone else without our agreement.

We may update this agreement as the service changes. Where a change is material, we will ask you to review and accept the new version before you keep using the part of the service it affects. Your existing signature stays on record against the version you actually signed.

A change to price is dealt with by clause 6, not by this clause.

Tell Matthew first, directly, and we will try to sort it out.

If you are not satisfied, you can complain about a health service in Victoria to the Health Complaints Commissioner on 1300 582 113 or hcc.vic.gov.au, at no cost. You can complain about how your personal information has been handled to the Office of the Australian Information Commissioner on 1300 363 992 or oaic.gov.au. You do not need our permission to do either.

This agreement is governed by the law of Victoria, Australia, and the courts of Victoria have jurisdiction.

If any part of it is found unenforceable, that part is severed and the rest continues to apply.

Notices under this agreement can be given in the app, or by email to the address each of us has given the other.

This agreement, the Training waiver and assumption of risk, the privacy policy, and for a client aged 16 or 17 the Parent or guardian agreement, are the whole of what is agreed between us.

Questions about this agreement can be sent to fitly4fitness@gmail.com.