These Terms apply to every Apex 1:1 coaching program purchased from Apex Fitness Advisory Pty Ltd (ABN 68 694 157 581), 106 Grant Ave, Toorak Gardens SA 5065, Australia ("APEX", "we", "us").
By ticking the box at checkout and completing payment, you ("the Client") agree to these Terms. After purchase you will receive your Program Agreement to sign, confirming your program, term and fee. If your signed Program Agreement and these Terms differ, the Program Agreement prevails.
1.The Program
APEX provides 1:1 health and performance coaching for the program you purchase. Each program includes training and workouts, exercise guidance, nutritional guidance, habit tracking, accountability, and 1:1 messaging and Zoom check-ins. APEX responds to messages within one business day (Australian Central Time).
2.Term
Your program starts on the date of your first payment and runs for the fixed term of the program purchased (for example, 6 or 12 months). The program reflects a mutual commitment to your progress over that full term.
3.Fees and Payment
- Your program fee and payment schedule are as shown at checkout and confirmed in your Program Agreement.
- If you pay in instalments, you authorise APEX to charge your saved card on each scheduled date. If a payment fails, we will retry it and notify you.
- If any amount is more than 7 days overdue, APEX may pause coaching until it is paid.
- A chargeback or payment reversal on an amount due under these Terms is a breach of these Terms, and all remaining fees for the term become payable immediately.
4.Your Responsibilities and Health
You agree to disclose to APEX any medical condition, injury or medication relevant to exercise or nutrition, and to tell us promptly if this changes. Where we reasonably request it, you will obtain medical clearance before continuing. Your results depend on following the program and completing scheduled check-ins.
5.Program Pause
You may pause your program for up to 4 weeks in total during the term, with 7 days' written notice, for travel, illness or injury. The term is extended by the length of the pause. Scheduled payments continue during a pause.
6.Ending the Program
- In exceptional circumstances, either party may end the coaching relationship with 14 days' written notice.
- If you end the program before the end of the term, for any reason, the fees for the full term remain payable.
- If APEX ends the program before the end of the term, for any reason other than non-payment or a material breach of these Terms, APEX will refund you in proportion to the remaining term: the fees you have paid, less the total fee multiplied by the days elapsed from your start date to the end of the notice period, divided by the total days in the term. Any instalment not yet due is cancelled, and the refund is paid within 14 days.
7.Privacy and Confidentiality
APEX keeps your personal and health information confidential and will not disclose it without your written consent, except where required by law. Your information is stored on our coaching, CRM and payment platforms (including Trainerize, GoHighLevel and Stripe) and handled in line with the Australian Privacy Act 1988 and, for clients in the United Kingdom, the UK GDPR.
8.Testimonials and Media
APEX will only use your name, photos, results or testimonial in its marketing with your separate written consent, which you can give or decline in your Program Agreement and withdraw for future use at any time.
9.Intellectual Property
All programs, plans, documents and materials provided by APEX remain the property of APEX. They are licensed to you for personal use during your term only and may not be shared, copied or resold.
10.Health Disclaimer and Liability
APEX coaches are not doctors, medical professionals or dietitians, and our coaching is not medical advice. You should consult a physician before starting any exercise or nutrition program.
To the extent permitted by law, APEX's total liability to you is limited to the fees you have paid. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other consumer protection law that cannot lawfully be excluded.
11.Disputes and Governing Law
If a dispute arises, both parties will first give written notice and try in good faith to resolve it within 30 days, then attempt mediation, before starting any proceedings. These Terms are governed by the laws of South Australia, Australia.
12.Changes to These Terms
APEX may update these Terms from time to time. Changes apply to purchases made after the update date shown above and do not change the terms of a program you have already purchased.
13.Contact
Questions about these Terms: info@apexfitnessadvisory.com, or message your coach directly.