Liability Waiver & Program Agreement

These Terms apply to all online coaching services provided by Fifth Element Wellness, including but not limited to:

• Fixed-term programs (e.g. 12-week programs)

• Ongoing monthly coaching

• Longer-term coaching (e.g. 6 or 12 months)

• One-off consultations

By purchasing or participating in any online coaching service, you agree to these Terms.

Coaching is delivered via:

• Trainerize

• Video calls (e.g. Zoom or similar)

• Email and/or SMS where required

Support calls are generally group-based and may be recorded.

Payments may be structured as:

• Upfront payments

• Instalment plans

• Ongoing subscriptions

Some instalment plans and subscriptions may include a minimum commitment period, depending on the program selected.

By purchasing, you agree to the specific payment terms associated with your selected program.

Failed Payments

If a payment fails:

• You are responsible for resolving the issue promptly

• Payments may be retried automatically

• Access to coaching services may be paused or removed until payment is resolved

If payment cannot be collected, access to the program and coaching services will be revoked.

Cancellations

• Ongoing coaching can be cancelled with at least 3 business days’ notice

• Cancellation can be completed via:

  • the app (if available), or

  • written notice via email

Fixed-term programs cannot be cancelled early unless required under Australian Consumer Law.

Outside of a stated guarantee, no refunds are provided.

This includes:

• change of mind

• lack of time

• failure to participate

• partial completion

Some programs may include a stated guarantee.

Where a guarantee is offered, it is strictly conditional.

To be eligible, you must:

• Complete the full program duration

• Follow all prescribed training, nutrition, and lifestyle instructions

• Log all required activities (including workouts, nutrition, and habits)

• Submit required check-ins, progress updates, and data

• Attend or engage with coaching support as directed

• Maintain full compliance with the program

“Doing the work” means completing all required actions, not partial participation.

If these conditions are met and you do not achieve a result reasonably aligned with the program, you may request a refund.

All refund requests:

• must be submitted in writing

• will be reviewed based on recorded data and compliance

• will be processed within 14 business days if approved

Failure to meet any of the above conditions voids eligibility for the guarantee.

You agree to:

• Follow all coaching instructions

• Complete training and nutrition requirements

• Log activity and data accurately in the app

• Communicate honestly and consistently

• Raise any issues, injuries, or concerns promptly

Results are dependent on your adherence.

Results will vary based on:

• adherence

• lifestyle

• stress levels

• health status

No specific outcome is guaranteed unless explicitly stated and subject to the guarantee conditions above.

You acknowledge that:

• You are responsible for ensuring you are medically fit to participate

• You will seek medical advice where appropriate

• You will disclose any injuries, conditions, or risks

Fifth Element Wellness does not provide medical advice.

You understand that exercise, nutrition, and lifestyle changes carry inherent risks.

Participation is voluntary and at your own risk.

To the maximum extent permitted by law, Fifth Element Wellness is not liable for any injury, loss, or damage arising from participation in the program, except where required under Australian Consumer Law.

Access to coaching services:

• is based on the program or subscription purchased

• may vary depending on the structure selected

There are no pauses or extensions for fixed-term programs.

• Standard response time is within 3 business days

• Coaching is not a 24/7 service

Fifth Element Wellness reserves the right to terminate participation if:

• behaviour is inappropriate

• compliance is persistently poor

• the coaching relationship breaks down

Where termination occurs, any unused portion may be refunded at discretion on a prorated basis.

By participating, you agree that:

• your results, feedback, and content may be used for marketing

• reasonable efforts will be made to notify you in advance

You may request privacy or anonymity where appropriate.

All personal data, including:

• photos

• check-ins

• health information

is handled in accordance with the Privacy Policy:

https://5ew.com.au/privacy-policy/