CM PERFORMANCE - TERMS & CONDITIONS

INTRODUCTION

These Terms and Conditions (“Terms”) govern your use of the online fitness coaching and nutritional services provided by CM Performance. By purchasing, enrolling in, or participating in any of our online programs, you agree to comply with and be bound by these Terms.

By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:

1. That you have reviewed and accept these Terms and Conditions for the Sale of goods or services

2. That you have the legal capacity to enter into a legally binding agreement with us.

3. You must not place an order for Services or approve any quotes issued unless you are at least 18 years old

If you do not agree to these Terms, you must not use our services.

SERVICES PROVIDED

CM Performance provides online fitness and nutrition services, including but not limited to:

Personalised or pre-designed training programs
Nutritional advice and meal guidance
Online coaching, check-ins, and accountability support
Educational content and resources

HEALTH DISCLAIMER

Before beginning any exercise or nutrition program, you should seek advice from a qualified healthcare professional to ensure the program is safe and appropriate for you.

Our services are not medical advice and do not replace consultation, diagnosis, or treatment from a licensed medical professional.

By engaging in our services, you confirm that:

You have no known medical conditions that would make exercise unsafe; or

You have obtained clearance from a healthcare provider before participating.

You accept full responsibility for your own health, decisions, and safety during participation.

CLIENT OBLIGATIONS AND AGREEMENTS

You agree to:

Provide accurate and honest information about your health, fitness level, and goals;

Follow all exercise, nutrition, and safety instructions provided;

Communicate any injuries, medical changes, or concerns promptly;

Use common sense and discontinue any activity that causes pain or discomfort.

Failure to follow instructions or communicate relevant information may impact your results and may void any implied assurances of progress.

PAYMENTS & REFUNDS

Payments are non-refundable, except where required under the Australian Consumer Law.

Subscription or payment plan clients agree to complete all scheduled payments in full.

Services may be suspended or cancelled if payments are missed or overdue.

Refunds will not be issued for change of mind, lack of results, or failure to follow the prescribed program, as outcomes depend on your individual effort, adherence, and lifestyle factors.

RESULTS DISCLAIMER

While CM Performance aims to provide professional guidance and support, we make no guarantees regarding specific fitness, weight loss, or performance results. Individual progress varies based on commitment, effort, and external factors beyond our control.

INTELLECTUAL PROPERTY

All content, materials, and resources provided by CM Performance — including training programs, nutritional plans, videos, guides, and online materials — remain the exclusive intellectual property of CM Performance.

You may not reproduce, distribute, share, or sell any materials without written permission. Breach of this condition may result in termination of services and legal action.

PRIVACY

We are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

Information collected (such as health, contact, and payment details) is used solely for delivering our services and will not be disclosed to third parties without your consent, except as required by law.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, CM Performance, its employees, contractors, and affiliates shall not be liable for:

Any injury, illness, or damage resulting from participation in our programs;

Any indirect, consequential, or incidental loss arising from your use of our services.

By participating, you acknowledge that all forms of exercise carry inherent risks, and you voluntarily assume full responsibility for your involvement.

CANCELLATIONS AND TERMINATIONS

We reserve the right to modify or cancel programs, or terminate a client’s access, if:

You breach these Terms;

You engage in inappropriate or disrespectful behaviour; or

Continued participation is deemed unsafe.

Cancellations requested by the client are subject to the subscription plan chosen.

Below outlines the minimum term of each subscription

MINIMUM TERMS

Premium – 8 weeks from first payment

Training – 6 Weeks from first payment

Nutrition – 6 Weeks from first payment

Payment Obligations

By entering into this agreement, you acknowledge and agree to pay for the minimum contract period as specified at the time of signing. Failure to make payment for the minimum period does not release you from your financial obligation. Any unpaid fees for the minimum period will remain due and payable, and we reserve the right to recover such amounts through appropriate means.

GOVERNING LAW

These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes arising in connection with these Terms shall be resolved in the courts of New South Wales.

AMMENDMENTS

We may amend or update these Terms at any time. Updated versions will be published on our website or communicated directly to clients. Continued use of our services constitutes acceptance of any changes.

CONTACT

For any questions, concerns, or feedback, please contact: CMPERFORMANCE@OUTLOOK.COM.AU