Terms & Conditions

The Difference Coaching – Client Policies

These policies apply to all clients of The Difference Coaching Pty Ltd (“TDC”, “we”, “us”, “our”). By purchasing, enrolling in, or continuing to use our services, you agree to the following Terms & Conditions, Privacy Policy, Refund Policy, and Disclaimers.

Acceptance of these Terms occurs electronically upon purchase, enrolment, or continued use of services.

1. Terms & Conditions

1.1 Business Details

Business name: The Difference Coaching Pty Ltd ABN: 70 683 817 503 Location: New South Wales, Australia Contact email: thedifferencecoaching@outlook.com

1.2 Services Provided

Personalised training programs (home or gym-based)
Nutrition coaching, including macro targets, recipes, and general nutritional guidance
Food journaling via app upload
Weekly or fortnightly accountability check-ins (depending on service selected)
Step count and habit tracking
Access to educational resources
1:1 coaching support
Access to the TDC coaching app

Services are delivered online only and do not include in-person training.

1.3 Coaching Packages & Commitment

Coaching services are offered as a weekly subscription with a minimum 12-week commitment.

All packages are considered fixed-term agreements for the initial 12-week period. Early cancellation within the minimum term is not permitted except where required under Australian Consumer Law.

1.4 Payments & Billing

Payments are processed weekly via Stripe.

By enrolling, you authorise The Difference Coaching to automatically debit your nominated payment method.

Stripe processing fees may apply in accordance with Stripe’s terms.

In the event of a failed payment, Stripe may apply a dishonour or failed payment fee, which may be passed on to the client.

If a payment fails, a grace period of up to 7 days will apply to allow payment resolution.

Coaching services may be paused or suspended if payment is not received within the grace period. Continued non-payment may result in termination of services.

Clients are responsible for ensuring payment details remain up to date. Failure to do so may result in service interruption.

We reserve the right to change pricing with 14 days’ written notice. Any price changes will apply after completion of your minimum term unless otherwise stated.

1.5 Client Responsibilities

Clients agree to:

Provide accurate and honest information regarding health, medical history, and lifestyle
Complete all required pre-exercise screening and questionnaires prior to commencing coaching
Communicate openly with their coach
Follow programs safely and within their personal limits
Seek clarification if unsure about exercise instructions
Understand that results depend on individual effort, consistency, lifestyle, health status, adherence to recommendations, and personal circumstances

Failure to comply may impact results and does not constitute grounds for a refund.

1.6 Pausing Coaching

Clients may request a pause of up to 2 weeks during the coaching period.

A minimum of 7 days’ written notice is required to request a pause.

Pause requests must be approved by The Difference Coaching.

Paused time does not reduce the total minimum commitment period and may extend the end date of the program.

1.7 Cancellation & Termination

Clients may cancel their subscription after completing the initial 12-week minimum term with a minimum of 7 days’ written notice prior to the next billing cycle.

The Difference Coaching reserves the right to immediately terminate services for:

Non-payment
Abusive, threatening, or inappropriate behaviour
Dishonesty or failure to disclose relevant health information
Repeated non-compliance with program guidelines

1.8 Communication & Conduct

Clients are expected to communicate respectfully and respond within a reasonable timeframe.

Abusive language, harassment, discrimination, or defamatory behaviour will not be tolerated and may result in immediate termination of services without refund.

1.9 Check-Ins & Program Engagement

Clients are responsible for completing check-ins by the required deadline.

Missed or late check-ins may be reviewed in the following week and may impact results.

Missed check-ins do not constitute grounds for refunds or service extensions.

1.10 Health Disclaimer & Assumption of Risk

The Difference Coaching is not a medical or dietetic service.

Coaches are not medical practitioners, dieticians, or allied health professionals.

Coaching services are provided for general fitness, education, and lifestyle purposes only.

Clients acknowledge that physical activity carries inherent risks and agree to participate voluntarily and at their own risk.

Medical clearance should be obtained where appropriate prior to commencing or continuing any exercise program.

Individual results vary and depend on factors including consistency, effort, lifestyle, adherence to recommendations, health status, and personal circumstances.

1.11 Nutrition Disclaimer

Nutrition guidance provided by TDC is general in nature and intended for healthy adults.

We do not provide medical, clinical, or therapeutic nutrition advice.

Clients with existing medical conditions, allergies, eating disorders, or requiring specialised dietary plans should consult a qualified healthcare professional or Accredited Practising Dietitian before following any guidance.

Following nutrition advice is at the client’s own risk, and results may vary.

1.12 Exercise & Training Program Disclaimer

All training programs, exercises, and movement recommendations are general in nature and provided for educational and fitness purposes only.

Training programs are developed based on the information provided by the client and may not be suitable for all individuals or circumstances.

Clients acknowledge that participation in physical exercise carries inherent risks, including but not limited to muscle strain, injury, illness, aggravation of pre-existing conditions, or other physical harm.

Clients are solely responsible for:

Performing exercises with correct technique and appropriate control
Training within their personal physical limits
Modifying or discontinuing any exercise that causes pain, discomfort, dizziness, shortness of breath, or other adverse symptoms
Seeking medical clearance where appropriate

The Difference Coaching does not supervise exercise sessions and is not responsible for injuries sustained while following training programs at home, in a gym, or elsewhere.

1.13 Limitation of Liability

To the fullest extent permitted by law, The Difference Coaching Pty Ltd excludes all liability for any loss, damage, injury, illness, cost, or expense arising directly or indirectly from participation in coaching services.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

1.14 Indemnity

You agree to indemnify and hold harmless The Difference Coaching Pty Ltd, its directors, employees, contractors, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

Your participation in coaching services
Failure to follow instructions
Misuse of programs or content
Breach of these Terms

1.15 Age Requirement

Coaching services are available to individuals aged 18 years and over.

If under 18, written parental or guardian consent is required prior to commencing services.

1.16 Force Majeure

We are not liable for delay or failure to perform services due to circumstances beyond our reasonable control, including illness, technology outages, platform disruptions, natural disasters, government restrictions, or emergencies.

1.17 Intellectual Property

All programs, training materials, educational resources, videos, recipes, spreadsheets, and app content remain the intellectual property of The Difference Coaching.

Clients are granted a limited, personal-use licence during coaching only.

Content must not be copied, shared, reproduced, or distributed without written permission.

1.18 Use of Client Content

With written client consent, progress photos, videos, or testimonials may be used for educational or marketing purposes.

Consent may be withdrawn in writing at any time.

1.19 Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

2. Refund Policy

2.1 Cooling-Off Period

A 7-day cooling-off period applies from the date of purchase provided coaching services have not yet commenced and no digital materials, programs, or app access have been delivered.

Once access to the app, programs, or services has begun, the cooling-off period is void.

2.2 No Refunds After Commencement

No refunds are provided once coaching services have commenced, including but not limited to:

Change of mind
Lack of motivation or time
Missed check-ins
Non-compliance
Failure to achieve desired results

Nothing in this section excludes or limits any consumer guarantees, rights, or remedies available under the Australian Consumer Law.

2.3 Australian Consumer Law

This policy does not limit your rights under the Australian Consumer Law. Remedies may be provided where services fail to meet consumer guarantees.

3. Privacy Policy

We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

3.1 Collection of Personal & Sensitive Information

We collect personal and sensitive information necessary to provide coaching services, including:

Contact details
Health-related information voluntarily provided by clients
Progress photos and body metrics
Payment information (processed securely via Stripe)

3.2 Use of Information

Information is used to:
Deliver services
Monitor progress
Communicate with clients
Manage billing
Improve services

3.3 Storage & Security

Data is stored securely via third-party providers including Everfit and Stripe.

We take reasonable steps to protect personal information from misuse, loss, or unauthorised access.

3.4 Disclosure

We do not sell personal information.

Information may be disclosed to trusted providers for service delivery or where required by law.

3.5 Access & Complaints

Clients may request access or correction of personal information by contacting: thedifferencecoaching@outlook.com

Privacy complaints will be addressed within a reasonable timeframe.

4. Client Acknowledgment

By engaging with The Difference Coaching, you acknowledge and agree that:

Coaching is online and educational in nature
You participate voluntarily and at your own risk
Results are not guaranteed
Payments are weekly with a 12-week minimum commitment
Refunds are not provided once coaching begins (subject to Australian Consumer Law)
You have read, understood, and agree to these policies