Terms & Conditions

Welcome to www.amythompsonrecomp.com (the Website). Amy Thompson Coaching provides Nutrition Plans, Weight Training Programs and Coaching Services in person and online via the Amy Thompson Coaching app (the Services). Amy Thompson Coaching is the trading name of Amy Thompson, sole trader, ABN 99 396 766 053 (referred to in these Terms as Amy Thompson Coaching).

The Website is operated by Amy Thompson Coaching. Access to and use of the Website, or any of its associated Products or Services, is provided by Amy Thompson Coaching. Please read these Terms and Conditions carefully. By using, browsing and/or reading the Website, or by completing a payment authorisation link, or paying an invoice, this signifies that you have read, understood and agree to be bound by the Terms.

Amy Thompson Coaching reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

You accept the Terms by clicking to accept, ticking an acceptance box, or otherwise taking an affirmative step to confirm your agreement to the Terms before you commence the Services. Passive access to or browsing of the Website does not, by itself, constitute acceptance.

In order to access the Services, you must first sign up for a Service via the Website, or in person. As part of the registration process, you will be required to provide personal information including: your name, phone number, email, address, date of birth, height, weight, body measurements, photos, nutrition and training background, and medical history.

You warrant that any information you give to Amy Thompson Coaching will always be accurate, correct and up to date.

You may not use the Services if: (i) you are not of at least 18 years of age; (ii) you are a person barred from receiving the Services under the laws of Australia or other applicable countries; or (iii) you have been advised against using the services by a medical professional.

As a Client, you agree to use the Services only for permitted purposes, comply with all applicable laws, protect the confidentiality of your account credentials, and not use the Services for any commercial purposes not expressly endorsed by Amy Thompson Coaching.

Unauthorised use of your account, framing or linking to the Website without permission, and any illegal use of the Services are strictly prohibited.

Amy Thompson Coaching will commence the Services within 2 business days from receipt of either the signed payment authorisation or a settled invoice. You will be contacted if any required information is outstanding.

The minimum commitment and payment term for all Services is 12 weeks.

Payment is by weekly direct debit through Pinch Payments. Use of Pinch Payments is subject to Pinch Payments' own terms and conditions. If a direct debit payment is declined or dishonoured, Amy Thompson Coaching may charge a reasonable administration fee to cover any dishonour fee incurred, and may suspend the Services until payment is made.

All amounts are in Australian Dollars (AUD) and are GST inclusive for Australian residents. Where services are provided outside Australia, GST is inapplicable.

Amy Thompson Coaching can vary the Services Fee at any time, subject to providing you with at least 4 weeks' written notice of the change. Payments will continue periodically until a cancellation is made in writing to info@amythompsonrecomp.com. If Amy Thompson Coaching increases the Services Fee, you may terminate the Services, despite the minimum commitment period referred to above, by giving written notice before the increase takes effect. On termination under this clause, you will not be liable for the increased Fee or any further Services Fee, but you remain liable for Services Fees accrued at the pre-existing rate up to the date of termination.

Any pre-paid services must be used within 6 months from the date of purchase.

Hold: You can put the Service on hold for up to 2 weeks during a 12-week block, after the 12-week minimum commitment period, with at least 7 days' written notice. For pauses longer than 2 weeks, you will need to cancel your coaching, and rejoining later will require a new onboarding process — subject to availability. If Amy Thompson Coaching is unable to provide a scheduled session due to illness, injury, or other unforeseen circumstances, the session will be rescheduled or credited towards a future session, and this will not constitute a breach of these Terms.

Cancellation: You can terminate the Services at any time after the 12-week minimum commitment period by providing at least 14 days' written notice to info@amythompsonrecomp.com. Your direct debits will be cancelled after the 14-day period.

Upgrading/Downgrading: You can change your Service tier by providing at least 7 days' written notice after your 12-week minimum. Within your first 12 weeks, you may only upgrade.

Amy Thompson Coaching may terminate this Agreement by providing 14 days' written notice, or immediately in circumstances where the Client displays inappropriate behaviour including verbal or written abuse, threats, or insults.

Amy Thompson Coaching will provide a refund if it is unable to continue providing the Services, or if it decides at its absolute discretion that it is reasonable to do so.

No refunds are provided for change of mind or for any portion of the Services completed to date.

A partial refund may be provided for any unused pre-paid portion of the Service after the 12-week minimum commitment period, with express consent from Amy Thompson Coaching. Any weeks already used will be charged at the full weekly rate, not the discounted pre-paid rate.

Pre-paid services must be utilised within 6 months of purchase. Refunds will not be issued for any unused portion after this period. Pre-paid training sessions are non-refundable. This Clause 8 does not limit any right you have to a refund or other remedy under the Australian Consumer Law where there has been a major failure to comply with a consumer guarantee.

The Website, the Services, and all related products of Amy Thompson Coaching are subject to copyright under the laws of Australia and through international treaties. All rights (including copyright) in the Services and compilation of the Website are owned or controlled by Amy Thompson Coaching.

Clients are granted a worldwide, non-exclusive, royalty-free, revocable licence to use the Website and print pages for personal, non-commercial use while actively engaged as a Client.

You may not broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, or adapt or change the Services or third-party Services for any purpose without prior written permission from Amy Thompson Coaching.

Amy Thompson Coaching takes your privacy seriously. All information provided through your use of the Website and/or Services is subject to Amy Thompson Coaching's Privacy Policy.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, except to the extent those guarantees, warranties, representations or conditions may lawfully be excluded, restricted or modified, including under section 139A of the Competition and Consumer Act 2010 (Cth) in relation to the recreational services described in Clause 12.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided “as is” and “as available” without warranty or condition of any kind. Amy Thompson Coaching will not be liable for any special, indirect or consequential loss, damage, loss of profit or opportunity arising out of or in connection with the Services.

Before commencing the Services, you must read and sign the applicable Amy Thompson Coaching Waiver and Release (in-person or online, as applicable), which sets out the risks involved, your health disclosure obligations, and the terms on which liability is released. That Waiver and Release forms part of your agreement with Amy Thompson Coaching and is to be read together with these Terms. If there is any inconsistency between these Terms and the Waiver and Release in relation to risk acknowledgment, release of liability, or health disclosure, the Waiver and Release prevails to the extent of the inconsistency.

The Services constitute a recreational service for the purposes of the Australian Consumer Law.

Amy Thompson Coaching does not provide Nutrition Services if you currently have any of the following medical conditions: Heart Disease, Chronic Kidney Disease, Cancer, Crohn's Disease, Ulcerative Colitis, GERD, an eating disorder, or any other major medical condition that Amy Thompson Coaching is neither qualified nor insured to manage.

Amy Thompson Coaching does not guarantee any specific results from the use of the Services. The Service is not a substitute for professional medical advice, diagnosis, or treatment.

Subject to Clause 12 (Waiver and Release) and to the extent permitted by law, Amy Thompson Coaching's total liability arising out of or in connection with the Services, however arising, will not exceed the total fees paid by you to Amy Thompson Coaching for the Services in the 3 months immediately preceding the event giving rise to the liability.

Nothing in this clause limits or excludes any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

The Terms will continue to apply until terminated by either party in accordance with these Terms. To terminate, please refer to Clause 7 above and send written notice to Amy Thompson Coaching via the Contact page on this website.

Amy Thompson Coaching may at any time terminate the Terms if you have breached any provision, if required to do so by law, or if the provision of Services is no longer commercially viable.

You agree to indemnify Amy Thompson Coaching, its employees, contractors and agents from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage arising out of or in connection with your use of the Website or Services, or any breach of these Terms, in each case to the extent caused by your negligent, unlawful or wrongful act or omission, and except to the extent caused or contributed to by the negligence or wrongful act or omission of Amy Thompson Coaching or its employees, contractors or agents.

If a dispute arises, the parties must first attempt to resolve the dispute in good faith through negotiation within 28 days of written notice of the dispute. If unresolved, the dispute will be referred to mediation, with the mediator selected by mutual agreement or by the President of the Queensland Law Society. The mediation will be held in Queensland, Australia. All communications concerning negotiations and mediation are confidential.

If the dispute remains unresolved 21 days after the appointment of the mediator, either party may refer the dispute to final and binding arbitration in accordance with Clause 17, instead of commencing court proceedings, except as set out in that clause.

The Services are intended to be accessed by Australian and overseas residents. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by the laws of Queensland, Australia.

Subject to Clause 16, any dispute arising out of or relating to these Terms or the Services that is not resolved by negotiation or mediation will be referred to and finally resolved by arbitration administered in accordance with the Rules of the Resolution Institute (or its successor body), by a single arbitrator appointed under those Rules. The seat and legal place of arbitration will be Queensland, Australia, and the arbitration will be conducted in English. The arbitrator's award will be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.

If you access or use the Services, or enter into these Terms, from outside Australia, you agree that Queensland, Australia is the appropriate governing law and forum for resolving any dispute, and you irrevocably submit to the jurisdiction and dispute resolution process described in this clause, and waive any objection to that jurisdiction on the grounds of inconvenient forum, lack of jurisdiction, or otherwise.

Nothing in this clause excludes, restricts or limits any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law, or any right to bring a claim before a court, tribunal or regulator that cannot lawfully be excluded by agreement.