Introduction
Welcome to Fit by Ellie online coaching service referred to as “Online Coaching”. These Terms and Conditions are entered into by and between you and ERG1 Pty Ltd as trustee for the ERG Trust and supersede and replace any terms and conditions of services that you may have previously agreed with Fit by Ellie in connection with the online service.
We reserve the right to change these terms and conditions at our sole discretion. Should we update the terms and conditions we will use reasonable endeavours to notify you of any updates to the Terms and Conditions. Any changes will take immediate effect from the date of notice.
Acceptance of Terms
By using our service, you agree to the following terms and conditions.
Eligibility
By accessing or using the ‘Online Coaching’, you confirm that you are of legal age in your country and not under 16 years old, or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
If you are a parent or legal guardian permitting a Minor to access and/or use the Online Coaching, you agree to: (1) supervise the Minor’s use of the Online Coaching; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the ‘Online Coaching’; (3) ensure that the content on the ‘Online Coaching’ is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.
Payment
i) Premium Coaching
You may choose to pay for our service weekly or upfront. If you pay weekly, your payment will roll over on a week to week basis. If you pay upfront, you will be given a renewal option for the option of a 4, 8 or 12 week term.
ii) 8 Week Challenge
You may choose to pay for our service weekly or upfront. This fee covers a fixed term of eight (8) successive calendar weeks from the challenge start date. Payment will cease after the 8 weeks which is the minimum commitment term.
If any payment is not made in accordance with these Terms, we may (at our discretion) immediately cease providing you with access to the Online Coaching and recover, as a debt due and immediately payable from you, our additional costs of doing so.
You agree by accepting these terms, that you request and authorise us to debit funds from your provided card; and confirm that you are authorised to operate the nominated card.
You acknowledge that the amount to be debited consists of fees (as set out in the relevant terms and conditions and on the Fit by Ellie website, which may change from time to time with prior notice to you increasing periodically).
If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
We may vary any details related to your direct debit at any time by giving you at least seven (7) days written notice.
You should check your bank account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by emailing us at accounts@fitbyellie.com. Alternatively you can contact your financial institution for assistance.
If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
We reserve the right to modify and revise the corresponding charges for our services, as well as the various plans available, at our own discretion, with the possibility of implementing such changes at any point. Any amendment or update of the fees will exclusively apply to prospective fees initiated after the effective implementation date of the modified or upgraded fees.
Fees for Online Coaching are paid by Upfront or Direct Debit using a valid debit or credit card. Payments are collected via an integration with third party payment provider for Premium Coaching and 8 Week Challenge in accordance with the payment schedule assigned to your membership.
When you purchase Online Coaching and/or set up a Direct Debit, you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by emailing accounts@fitbyellie.com
Failed Direct Debit Payments
You understand that a secondary attempt to deduct a failed direct debit may incur a late fee of $10 for each unsuccessful debit.
You acknowledge and agree that where a request for the payment of the Online Coaching fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the failed payment.
Minimum Commitment Term
By signing up you agree to a Minimum Commitment term for our online fitness coaching service 8 Weeks. You are required to commit to this term upon signing up for our service.
During this period you will not be eligible for a service termination or cancellation due to change of mind.
We may to our discretion agree to pause your subscription in circumstances which arise that are outside your control (for example if you fall pregnant, become unwell or experience financial hardship). If you are on our weekly payment plan then the 8 week minimum term must be met. Then, the balance of the unused term will then be credited to a subsequent term should you re-join Online Coaching at a later date.
Hold Periods
(Premium Coaching ONLY. Note 8 Week Challenge DOES NOT allow for hold periods)
Your Premium Coaching service can be placed on hold for up to two (2) weeks. To initiate the process, you must inform your coach and submit a request via admin@fitbyellie.com. Approval for your request will be granted at the discretion of Fit by Ellie, and you should await confirmation.
If you need a hold period exceeding two (2) weeks, you must inform Fit by Ellie in writing via admin@fitbyellie.com. Approval for this request will be granted in writing at the discretion of Fit by Ellie.
We can put your Premium Coaching service on hold for a minimum of one (1) week, and a maximum of two (2) weeks within an 8 week block, where we provide the program to you.
During the hold, we will not provide the program to you and you will not be required to pay the Online Coaching Fees.
Upon completion of your hold period, you will need to resume your 8 Week block from the point where you previously paused.
Cancellation
(Premium Coaching ONLY. Note 8 Week Challenge DOES NOT allow for cancellations)
You will not be eligible for a termination or cancellation due to change of mind within the minimum commitment term of eight (8) Weeks.
In the case of a weekly direct debit after your minimum commitment term, you must provide us with two (2) week’s written notice if you wish to cancel. You must notify your coach and email your request to admin@fitbyellie.com
In order to cancel you must email admin@fitbyellie.com and include:
- Your name
- Your email address associated with your account
- Cancellation reason
Once your two weeks notice is received via email as per above your cancellation will be processed.
We do not offer refunds for our Premium Coaching service. Please make sure you are committed to the 8 week minimum term before making payment.
On reactivation of a Premium Coaching membership, following a period of 4 weeks of inactive membership, it is mandatory you again commit to a minimum of 8 weeks. During this period you will not be eligible for a termination or cancellation due to a change of mind.
For the avoidance of doubt, if you cancel your subscription within the Minimum Period, the full fee for a total of 8 weeks will be payable by you.
Unforeseen Circumstances and Misadventure
In the case of unforeseen circumstances and/or misadventure, we may hold your subscription so you can complete your service at another time. However, this is at the discretion of our business.
Liability
We do not accept any liability for injury or illness sustained during or after using our service. By using our service, you assume all risk and responsibility for your own safety.
8 Week Challenge ONLY Disclaimer
You acknowledge that this is not one-on-one coaching. The meal plans provided in the Challenge are not personalised to you individually, and are structured generally on the basis of dietary requirements and following a structure for an average female body composition.
The training programs contained in the Challenge are not personalised to your certain body composition or requirements, and are general in nature.
Medical Disclaimer
Neither we Fit by Ellie nor our team are medical practitioners, and do not give medical advice, treatment or diagnoses.
Our Content, and any other information provided through the Online Coaching service is intended to assist you with your weight loss, weight management or weight gain, and your body transformation journey.
You acknowledge and agree that no advice we provide during the course of your Online Coaching may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner.
You acknowledge and agree that we may not consider all of your personal attributes, medical conditions or circumstances, and in some cases may not be accurate for you.
Personal Information
We will collect and store your personal information for the purpose of providing our online fitness coaching service. Your personal information will be kept confidential and will not be shared with any third-party without your consent.
Termination
We reserve the right to terminate your subscription at any time if you breach these terms and conditions or if we have reason to believe that you present a risk to our business or to other users of our service.
Jurisdiction
These terms and conditions are governed by the laws of Victoria, and any disputes arising from or related to this agreement shall be settled in the courts of Victoria.
Modifications
We reserve the right to modify these terms and conditions at any time. It is your responsibility to check this page periodically for updates. If you continue to use our service after any modifications have been made, you are agreeing to the new terms and conditions.