Terms and Conditions

About these terms

These Terms & Conditions (“Terms”) govern your use of the Dad Bod Rebuild website and your purchase of any coaching program, offer or product from us. Dad Bod Rebuild (ABN 41 762 511 399) is referred to as “DBR”, “we”, “us” or “our”.

By using our website, purchasing a program or otherwise engaging our services, you agree to be bound by these Terms to the extent permitted by law.

If you do not accept these Terms, you should not use the website or purchase our services.

These Terms sit alongside our Client Agreement, our Health & Liability Form, our Privacy Policy and, where applicable, the Rebuild 30 competition rules and the Photo & Testimonial Release.

If you purchase a particular coaching program or launch offer, the terms applicable to that program or offer, including its inclusions, duration, price and payment arrangements, will also form part of the agreement between you and DBR. Section 4 summarises our current programs and offers.

Where a specific coaching matter is covered in the Client Agreement, that document applies to the coaching relationship. If there is an inconsistency between these Terms and the Client Agreement in relation to the specific coaching services, the Client Agreement will prevail to the extent of that inconsistency.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Eligibility

You must be at least 18 years old and able to enter a legally binding contract.

You must have sufficient physical and mental capacity to participate in the relevant coaching services and must not participate where you have been advised by an appropriately qualified health professional not to do so.

You must complete our pre-exercise screening and Health & Liability Form honestly and in full before beginning any training program.

You must disclose any health condition, injury, medication, limitation or other circumstance that you reasonably believe may affect your ability to exercise safely or participate in the program.

We may decline or discontinue service where we reasonably believe participation is unsafe for you, or where you have not disclosed relevant health information.

Where appropriate, we may ask you to obtain medical or other qualified professional clearance before commencing or continuing particular activities.

If you are unable to safely participate in the program, we may recommend that you pause training and seek appropriate professional advice.

Our services

We provide online health and fitness coaching for men, which may include an individualised training program, nutrition guidance, habit coaching, progress tracking, check-ins and access to client resources.

Services are delivered remotely, primarily through the Everfit platform. You are responsible for having a compatible device, suitable equipment where required, and reliable internet access.

Program inclusions, duration and pricing are as described at the point of purchase, in section 4 of these Terms, or in your Client Agreement or other applicable offer documentation.

We may reasonably modify the structure, delivery method, content or technology used to provide our services where necessary to improve the service or respond to operational or technological requirements, provided that we do not materially reduce the services you have purchased without giving you an appropriate remedy where required by law.

Coaching is provided remotely. Unless expressly agreed otherwise, DBR does not provide in-person personal training, physical treatment, diagnosis or emergency medical assistance.

Our coaching does not replace medical, psychological, physiotherapy, dietetic or other appropriately qualified professional advice.

Programs, offers and pricing

Our coaching programs are Reset, Reclaim and Retain, plus the Rebuild 30 launch offer described in clause 4.4. The inclusions and level of support for each program are described in our Programs & Investment Guide, at the point of purchase and in your Client Agreement.

Reset

Reset is our self-guided 13-week program, priced at $49 per week. The first 4 weeks are a minimum commitment; after that you may cancel on the terms in clause 11.2.

You may pay for Reset weekly, or pay for the full 13 weeks upfront ($573) and receive a 10% discount on the total price.

Reclaim

Reclaim is our fully coached 13-week program, priced at $79 per week. The first 4 weeks are a minimum commitment; after that you may cancel on the terms in clause 11.2.

You may pay for Reclaim weekly, or pay for the full 13 weeks upfront ($924) and receive a 10% discount on the total price.

The weekly and upfront payment options for Reset and Reclaim are governed by section 10 (Payment) and section 11 (Cancellation, suspension and refunds).

Rebuild 30 (launch offer)

Rebuild 30 is a specific, limited launch offer. It is a 13-week program priced at $1,299, paid in full upfront at the time of purchase. Rebuild 30 cannot be cancelled or refunded for change of mind after purchase (see clause 11.4).

Rebuild 30 includes the Reclaim level of coaching and support for the 13-week program, and entry into the Rebuild 30 transformation competition described in section 7.

Rebuild 30 is limited to 30 participants. Places are allocated in the order in which purchases are completed and accepted by DBR. The offer closes once all 30 places are filled, and we are not obliged to offer additional places.

The $1,299 Rebuild 30 price is a launch price that applies only to the Rebuild 30 offer. It is separate from, and does not change, the standard Reclaim pricing in clause 4.3. It is not a discount that can be applied to any other program, and it cannot be combined with other offers or referral rewards unless we confirm otherwise in writing.

Any additional launch benefits advertised with Rebuild 30 (including any Retain pricing benefit) are described in section 5 and in the Rebuild 30 offer materials.

Optional add-ons

The following add-ons are available to purchase in addition to your program: an additional InBody scan ($39) and a Monthly Progress Review Call ($49, a 30-minute coaching call including progress review and adjustments as required). The Monthly Progress Review Call is already included in Reclaim. Add-on prices are as displayed at the time of purchase.

General

The price that applies to your purchase is the price displayed and accepted at the time of purchase. We may change the prices of our programs for future purchases at any time, but a price change will not affect a program or minimum term you have already purchased.

Where a program or offer described on our website, social media or marketing materials differs from these Terms or your Client Agreement, these Terms and your Client Agreement apply to the extent of the inconsistency, subject to your rights under the Australian Consumer Law.

Retain and lifetime launch pricing

Retain is our ongoing maintenance and accountability program for clients who have completed Reset, Reclaim or Rebuild 30. Retain is priced at $39 per week with a minimum commitment of 4 weeks, billed weekly, and is not available at an upfront discount. Retain inclusions are as described in our Programs & Investment Guide and your Client Agreement.

Where we advertise “Retain for life”, “never pay full price again”, “lifetime launch pricing” or similar wording (“Lifetime Launch Pricing”), it means that clients who purchase Rebuild 30 are entitled to purchase Retain at $19.50 per week (50% off the standard Retain weekly price at the time of launch) instead of the standard Retain price, on the conditions set out in this section.

Lifetime Launch Pricing applies for as long as the following conditions are met:

you have completed the full 13-week Rebuild 30 program;
you may cancel Retain and rejoin later at any time, and Lifetime Launch Pricing will apply again each time you rejoin;
you remain in good standing under these Terms, including in relation to payment and conduct; and
the Retain program continues to be offered by DBR (see clause 5.6).

The Lifetime Launch Price of $19.50 per week is fixed in dollar terms. It will not increase if the standard Retain price changes.

Lifetime Launch Pricing is personal to you. It cannot be transferred, sold, gifted or assigned to another person. I

f DBR replaces the Retain program with an equivalent maintenance program, Lifetime Launch Pricing will apply to that replacement program. If DBR discontinues the Retain program without a replacement, we will give you reasonable notice and Lifetime Launch Pricing will end when the program ends. Nothing in this clause limits any rights you have under the Australian Consumer Law in relation to a program you have already paid for.

Lifetime Launch Pricing is a pricing benefit only. It does not guarantee that the Retain program, its inclusions or its delivery platform will remain unchanged, and it does not create an obligation on DBR to provide Retain indefinitely.

30-Day Results Guarantee

This section sets out the conditions of the “30-Day Results Guarantee” promoted on our website (the “Guarantee”). The Guarantee applies to Reset, Reclaim and Rebuild 30 purchased directly from DBR. It does not apply to Retain.

Guarantee Period

The “Guarantee Period” is the first four weekly check-in periods of your program (approximately 30 days), starting on your Program Start Date. Your “Program Start Date” is the date your individualised training and nutrition program is delivered to you in Everfit, as recorded by DBR. Week 1 is your baseline week

Conditions of the Guarantee

The Guarantee only applies if, throughout the Guarantee Period, you have:

followed the training and nutrition program prescribed to you by DBR, including any agreed adjustments;
achieved 90% or more adherence, as defined in clause 6.4.2;
completed all required check-ins and other required actions on time, as set out in your program and your Client Agreement;
submitted the tracking data required to measure your progress (including, as applicable, body weight, measurements, progress photos, training logs and nutrition logs); and
provided accurate and complete information to DBR, including in relation to your health, your adherence and your progress.

How adherence is measured

Adherence is measured using the DBR weekly Adherence Score, which is scored out of 15 points each week from the records in Everfit and your check-in submissions. The seven adherence metrics and their maximum points are:

Calories (5 points): weekly calorie target met within 10% and calories tracked every day earns 5 points; within 10% with fewer than 100% of days tracked earns 3 points; outside the 10% range or fewer than 50% of days tracked earns 0 points;
Training (2 points): all programmed sessions completed earns 2 points; more than 50% completed earns 1 point; less than 50% earns 0 points;
Protein (2 points): weekly protein intake at or above 90% of target earns 2 points; below 90% earns 0 points;
Steps (2 points): weekly step target met earns 2 points; more than 80% of target earns 1 point; otherwise 0 points;
Daily weigh-ins (2 points): weighed in on 6 or 7 days earns 2 points; 3 to 5 days earns 1 point; 0 to 2 days earns 0 points;
Weekly waist measurement (1 point): recorded earns 1 point; not recorded earns 0 points; and
Check-in submission (1 point): weekly check-in submitted earns 1 point; missed earns 0 points.

“90% or more adherence” means an Adherence Score of at least 13 out of 15 (the “Benchmark” rating) in each of the four weeks of the Guarantee Period.

A session, log, check-in or action that is not recorded in Everfit or submitted to DBR by the relevant deadline is treated as not completed for the purpose of measuring adherence, unless you have notified us of a technical issue and we have agreed to accept the record in another form.

DBR’s records are the record for determining adherence. You may ask us to review those records if you believe they are incorrect.

What “measurable progress” means

Progress is measured using the DBR weekly Progress Score, scored out of 3 points each week, and by comparing your weekly averages with your Week 1 baseline. The markers depend on your program type as agreed in your Client Agreement:

Fat Loss: weekly average bodyweight decreasing (target 0.5% to 1.0% per week) and waist circumference decreasing;
Recomposition: waist circumference the same or reduced, weekly average bodyweight decreasing, and strength increasing on your five Anchor Lifts under the Double Progression Method;
Lean Bulk: weekly average bodyweight trending up (target 0.25% to 0.4% per month) with waist circumference stable, and strength increasing on your five Anchor Lifts.
Where an InBody scan is included in your program, the initial scan forms part of your baseline, but the Guarantee assessment does not depend on a second scan being taken within the Guarantee Period.

You have not made “measurable progress” during the Guarantee Period if your weekly Progress Score is 0 out of 3 (“Off Track”) in each of weeks 2, 3 and 4 and, comparing your Week 4 weekly averages with your Week 1 baseline, none of the markers for your program type in clause 6.5.1 has improved. Any improvement in a marker for your program type is measurable progress.

DBR assesses measurable progress reasonably and in good faith based on the data you have submitted, using weekly averages rather than single daily readings. Your Week 1 baseline must be recorded in full (daily weigh-ins, waist measurement, training logs and, where included, your initial InBody scan) for the Guarantee to apply.

What happens if the Guarantee applies

If you have met all of the conditions in clause 6.3 and have not made measurable progress during the Guarantee Period, DBR will provide you with an additional two weeks of coaching at the same level of support as your program, at no additional charge, following the end of your program term.

The additional two weeks of coaching is the remedy provided under this Guarantee. The Guarantee does not entitle you to a refund, credit or cash payment, and the additional coaching cannot be exchanged for cash or transferred to another person. This does not limit any refund or other remedy you may be entitled to under the Australian Consumer Law (see section 12).

To claim under the Guarantee, you must contact us in writing within 14 days after the end of the Guarantee Period. DBR will review your adherence and progress records and confirm the outcome to you in writing.

The Guarantee does not apply where your lack of progress is attributable to inaccurate or incomplete information you have provided, a health condition or medication that you did not disclose, a pause or suspension of your program, or your failure to follow the prescribed program.

The Guarantee is a voluntary commitment made by DBR. It is in addition to, and does not replace or limit, any rights you have under the Australian Consumer Law.

Rebuild 30 transformation competition

Purchase of the Rebuild 30 offer includes entry into the Rebuild 30 transformation competition (the “Competition”). The Competition is limited to Rebuild 30 participants, up to a maximum of 30 participants.

The Competition format, scoring method, judging, prizes and promotional details are communicated separately by DBR, including through our Instagram account, and are governed by the applicable competition rules published or provided by DBR (the “Competition Rules”). By participating, you agree to the Competition Rules. If there is an inconsistency between this section and the Competition Rules in relation to scoring, judging or prizes, the Competition Rules prevail.

To participate in the Competition you must:

be an active Rebuild 30 participant who is in good standing under these Terms, including in relation to payment;
provide accurate, complete and honest information, including in relation to your health, your starting point and your progress;
comply with your program requirements, including the training, nutrition, tracking and check-in requirements set out in your Client Agreement; and
submit the progress data required under the Competition Rules by the relevant deadlines.

DBR may use your results, progress data, check-in submissions, body weight, measurements, InBody or other body composition data, progress photographs and other information you provide during the program to assess your eligibility, progress and placing in the Competition where applicable.

DBR reserves the right to verify your eligibility, adherence and results at any time, including by requesting further evidence (for example, additional photographs, measurements or scan results taken under consistent conditions). We may disqualify a participant, or withhold or withdraw a prize, where we reasonably determine that information provided is inaccurate, misleading or incomplete, that the Competition Rules or these Terms have been breached, or that a result has been achieved through unsafe, unhealthy or prohibited means.

Any prize is subject to the specific prize conditions set out in the Competition Rules, including any conditions relating to eligibility, claiming a prize, travel, dates, availability. Prizes are not substituted, are not transferable and, unless the Competition Rules state otherwise, are not redeemable for cash.

If you withdraw from or stop participating in Rebuild 30, or your program is terminated under these Terms, your participation in the Competition ends and you will not be eligible for a prize.

Participation in the Competition does not change the way your coaching is delivered, and the existence of prizes does not create any expectation of a particular result. Section 9 (Results and testimonials) applies to Competition participants.

Any use of your name, photographs, results or story in Competition promotion is subject to your separate written consent under section 19 (Privacy, progress data and content) and our Privacy Policy.

Referral program

DBR currently offers a referral program for existing and former clients (the “Referral Program”). The Referral Program is a voluntary program which DBR may vary, suspend or end at any time, without affecting rewards you have already qualified for.

To be eligible to earn referral rewards you must be a current or former DBR client in good standing. DBR staff, coaches and contractors are not eligible unless we agree otherwise in writing.

The current referral rewards, based on the total number of Qualifying Referrals you have made, are:

Refer 1 friend: $150 cash;
Refer 3 friends: 1 month of the Reclaim program; and
Refer 5 friends: a Garmin Venu smartwatch or a free 13-week Reclaim program (valued at approximately $924), at your election.

A referral is a “Qualifying Referral” when all of the following apply:

the person you refer is a new DBR client who has not previously purchased a DBR program;
the referred person identifies you as the referrer at or before the time of purchase (for example by naming you at sign-up or in their enquiry message);
the referred person enrols in Reset, Reclaim or Rebuild 30; and
the referred person has paid for their program in full and 30 days have passed since their purchase without the purchase being cancelled or refunded.

Referral rewards are not cumulative. Your Qualifying Referrals count toward the tiers over time, and you receive the reward for the highest tier you have achieved. A higher-tier reward replaces the lower-tier reward and is not issued in addition to it.

Rewards are issued once the referral becomes a Qualifying Referral. Cash rewards are paid by bank transfer to your nominated account within 14 days. Program rewards are applied monthly: the “1 month of Reclaim” reward is applied as a credit of four weeks of Reclaim, and the free Reclaim program as 13 weeks of Reclaim, to your current Reclaim billing where you are an active Reclaim client, or otherwise as a stand-alone program that must be started within 6 months of the reward being issued. Program rewards cannot be exchanged for cash.

If a referred client cancels, receives a refund or is terminated for breach before the reward is issued, the referral will not count as a Qualifying Referral. If a refund is later required by law in respect of a referred client, any reward already issued in reliance on that referral may be deducted from future rewards.

If the Garmin Venu becomes unavailable, DBR will offer the free Reclaim program alternative in its place. Rewards are not otherwise substituted.

You must not offer or advertise DBR programs in a misleading way, use spam or unsolicited messaging to generate referrals, or refer yourself, a household member or a person who has already been in contact with DBR about joining. DBR may decline a referral reward where we reasonably believe the Referral Program is being misused.

You are responsible for any tax consequences of receiving a referral reward.

Results and testimonials

We do not guarantee any particular result. Outcomes depend on many factors including your consistency, effort, adherence, sleep, stress, genetics, medical history and starting point. The 30-Day Results Guarantee in section 6 provides additional coaching in defined circumstances and is not a guarantee of any particular result.

Results vary between individuals. Any results, testimonials, transformation photos, competition outcomes or figures shown in our marketing are examples of what individual clients have achieved. They are not typical results and are not a promise or prediction of your results.

Previous client results do not guarantee future results, and we make no representation that you will achieve the same or similar results as another client.

Any statements about potential weight loss, muscle gain, strength, fitness, body composition or other outcomes are illustrative only and should not be understood as a guarantee of a particular outcome. Your results will depend on your individual adherence, circumstances and health.

Payment

All prices are in Australian dollars and include GST unless stated otherwise at checkout.

Payments are processed by Stripe. We do not collect or store your card details. By purchasing, you also accept Stripe’s applicable terms of service.

For upfront programs and offers (including Rebuild 30 and the upfront Reclaim option), payment is due in full before your program begins unless otherwise agreed in writing.

For weekly, subscription or instalment programs (including weekly Reclaim and Retain), you authorise us to charge your nominated payment method each Monday, starting on the first Monday of your program, until the program ends or the payments are cancelled in accordance with section 11.

Weekly payments for a 13-week program continue for the length of the program unless you cancel in accordance with section 11. The first 4 weeks of Reset and Reclaim are a minimum commitment and are always payable.

You are responsible for ensuring that your nominated payment method remains valid and has sufficient funds available when a payment is due.

If a payment fails, we may contact you and provide a reasonable opportunity to rectify the failed payment. We may then pause your access until payment is resolved. A pause for non-payment does not extend your minimum term or your program end date unless we agree otherwise in writing.

You remain responsible for amounts properly owing for services already provided or made available to you, subject always to your rights under the Australian Consumer Law.

We may recover reasonable costs incurred as a result of a payment default where permitted by law and where those costs are not disproportionate to the loss suffered.

Cancellation, suspension and refunds

Cooling-off / change of mind

If you change your mind, you may cancel Reset or Reclaim (whether paid weekly or upfront) within 7 days of purchase for a full refund, provided your program has not yet commenced and no individualised program has been delivered to you. This voluntary cooling-off policy does not apply to Rebuild 30 (see clause 11.4).

This 7-day cancellation period is a voluntary policy offered by DBR and does not replace or limit any statutory cancellation, refund or other rights you may have under the Australian Consumer Law.

Where you ask us to commence services during the 7-day period, you acknowledge that the services may commence before the end of that period and that this may affect your entitlement to a refund under this voluntary cancellation policy.

13-week programs (Reset and Reclaim)

Reset and Reclaim are 13-week programs. When you purchase Reset or Reclaim, you commit to a minimum of the first 4 weeks (the “Minimum Commitment”), whether you pay weekly or upfront. This clause 11.2 does not apply to Rebuild 30, which is governed by clause 11.4. Other than under the cooling-off policy in clause 11.1, you cannot cancel during the Minimum Commitment, and fees for those 4 weeks are payable in full.

After the Minimum Commitment, you may cancel a weekly-paid program at any time by giving us notice by email or through Everfit. Your cancellation takes effect 2 weeks after the next Monday billing date following your notice. The 2 weeks of fees for that period are payable (the “Exit Period”), and your coaching continues through the Exit Period. No further weekly payments are charged after the Exit Period.

After the Minimum Commitment, you may cancel upfront-paid Reset or Reclaim on the same basis. We will refund the whole weeks remaining after the Exit Period, calculated at the standard weekly rate for your program ($49 for Reset and $79 for Reclaim). The upfront discount is not refunded, because it was provided in return for paying for the full 13 weeks. This does not limit any refund required by law (see section 12).

If you need to stop early due to genuine hardship, injury or a change in circumstances, contact us. We will consider pausing your program, extending it, or another fair outcome in good faith.

Any agreed pause, extension, transfer or alternative arrangement should be confirmed in writing. Unless agreed otherwise, a pause does not extend or restart the 30-Day Results Guarantee or the Minimum Commitment.

At the end of the 13-week program, your program and weekly payments end. Any continuation (for example moving to Retain or starting a further block of coaching) is agreed with you at your end-of-program review and is a new purchase; we do not automatically continue billing beyond the 13-week program.

Cancelling a rolling subscription

Once any minimum term has ended, or for programs without a minimum term, you may cancel a recurring subscription (including Retain) at any time by giving us notice before your next Monday billing date, by email or through Everfit. Retain has a 4-week minimum term, after which it continues weekly until cancelled; no exit fee applies to Retain.

Your access continues until the end of the paid period unless otherwise agreed or required by law.

Payments already made for completed periods are not refunded merely because you decide not to use the service, subject to your rights under the Australian Consumer Law.

You remain responsible for any payment that becomes due before your cancellation takes effect.

Rebuild 30

Rebuild 30 is a limited launch offer paid in full upfront at $1,299 for the 13-week program. Once you have purchased Rebuild 30, you cannot cancel the program for change of mind and you will not receive a refund for unused weeks, whether or not you continue to participate. The cooling-off policy in clause 11.1, the 4-week Minimum Commitment and the 2-week Exit Period in clause 11.2 do not apply to Rebuild 30.

If you stop participating in Rebuild 30, your entry in the Competition ends under clause 7.7 and the Lifetime Launch Pricing benefit is forfeited because the 13-week program has not been completed (see clause 5.3). Clause 11.2.4 (hardship) continues to apply, and we will consider a pause or other fair arrangement in good faith.

Nothing in this clause 11.4 excludes, restricts or limits any refund, remedy or other right you have under the Australian Consumer Law, including where our services fail to meet a consumer guarantee (see section 12).

Change of mind after commencement

Other than as expressly set out in clauses 11.1 and 11.2 for Reset and Reclaim, we are not required to provide a refund simply because you change your mind, stop participating, fail to complete your program or do not achieve the result you hoped for, except where a refund or other remedy is required by law. For the avoidance of doubt, no change-of-mind cancellation or refund is available for Rebuild 30 (see clause 11.4).

Refunds required by law

Nothing in this section limits your rights under the Australian Consumer Law (see section 12).

Where you are entitled to a refund or other remedy under the Australian Consumer Law, we will provide the applicable remedy in accordance with the law.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, our services must be provided with due care and skill and, where applicable, be reasonably fit for any purpose you make known to us.

If we fail to meet a consumer guarantee, you are entitled to a remedy, which may include a refund, a re-supply of the service, or compensation for reasonably foreseeable loss, depending on the circumstances.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law.

If you believe that a service does not meet a consumer guarantee, please contact us promptly and provide

reasonable details of the issue so that we can investigate and provide any remedy required by law.

Your responsibilities

You agree to:

provide accurate, complete and current information, including all relevant health information;
tell us promptly if your health, injuries, medication or circumstances change;
follow reasonable coaching instructions and exercise within your own capability;
use appropriate equipment and undertake exercises in an appropriate and reasonably safe environment;
keep your account credentials secure and not share access with anyone else;
not allow another person to access or use your coaching account or program;
record your training, nutrition, check-ins and progress data honestly and accurately;
communicate respectfully with your coach and any other clients in our community spaces; and
not engage in abusive, threatening, discriminatory, harassing or otherwise inappropriate conduct toward DBR, its coaches, contractors or other clients.

You acknowledge that the quality and safety of coaching may depend on the accuracy and completeness of the information you provide to us.

You must not deliberately provide false or misleading information about your health, circumstances, progress or ability to participate in exercise, including in connection with the 30-Day Results Guarantee, the Competition or the Referral Program.

Intellectual property

All programs, guides, videos, templates, spreadsheets, resources, branding and written material we provide remain our intellectual property or the intellectual property of our licensors.

You receive a personal, non-exclusive, non-transferable and revocable licence to use these materials for your own health and fitness purposes during and, where reasonably necessary to complete a purchased program, for the period reasonably required after your coaching relationship ends.

You must not copy, reproduce, resell, distribute, publish, upload, commercially exploit or share our materials, or use them to coach or train others, without our written permission.

You must not remove copyright notices, branding, watermarks or other proprietary notices from our materials.

Nothing in these Terms transfers ownership of DBR’s intellectual property to you.

You retain ownership of information, photographs and other material that you provide to DBR, subject to the rights and permissions separately granted to us under these Terms, the Privacy Policy and any applicable consent or release.

Acceptable use of the website

You must not use the website unlawfully, attempt to gain unauthorised access to it, interfere with its operation, or use it to transmit harmful code.

Website content is provided for general information only and may change without notice.

You must not use the website or DBR’s services to:

copy or reproduce DBR content for commercial purposes;
attempt to circumvent security measures;
interfere with the operation of our systems or third-party platforms;
upload malicious, unlawful or infringing material;
impersonate another person; or
use another client’s information without authorisation.

We may restrict or suspend access to website features or community spaces where reasonably necessary to protect our systems, staff, coaches or clients.

Third-party platforms and links

Our services rely on third-party platforms including Everfit, Stripe and Instagram, each governed by its own terms and privacy policy.

We are not responsible for the availability, performance or content of third-party platforms or websites we link to.

Where a third-party platform experiences an outage or technical problem, we will make reasonable efforts to maintain your coaching by other means where reasonably practicable.

We do not guarantee that third-party platforms will always be available, uninterrupted, secure or error-free.

Nothing in this section excludes liability that cannot lawfully be excluded under the Australian Consumer Law.

Liability

Subject to section 12 and to the maximum extent permitted by law, we are not liable for any loss that is not reasonably foreseeable, including indirect or consequential loss, arising from your use of our services or website.

Subject to section 12 and to the maximum extent permitted by law, our total liability arising out of or in connection with these Terms is limited to the amount you paid us for the program in question.

The limitation in clause 17.2 does not apply to the extent that the law prohibits us from limiting our liability in that manner.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, or for fraud.

To the extent permitted by law, you remain responsible for loss or injury arising from your failure to provide accurate health information, failure to follow reasonable safety instructions, or participation in activities contrary to medical advice.

Nothing in this section is intended to exclude or limit DBR’s liability for conduct that cannot lawfully be excluded or limited.

Suspension and termination

We may suspend or terminate your access where you materially breach these Terms, behave abusively toward a coach or another client, fail to pay, misuse our intellectual property or services, or where continuing the service would reasonably be considered unsafe for you.

Where practicable, we will give you notice of a breach and a reasonable opportunity to remedy it before terminating your services, unless the circumstances reasonably require immediate suspension or termination.

Where we terminate for reasons other than your breach, and where required by law or appropriate having regard to the circumstances, we will refund the unused portion of any prepaid fees on a pro-rata basis.

If we reasonably believe that continuing to provide coaching may pose a significant health or safety risk to you, we may immediately pause the relevant services while seeking further information or clarification.

Termination does not affect rights or obligations that accrued before termination.

Sections 14, 17, 19 and any provisions which by their nature are intended to survive termination survive termination.

Privacy, progress data and content

We handle your personal information in accordance with our Privacy Policy, which is available on our website and should be read together with these Terms. Our Privacy Policy explains how we collect, hold, use and disclose personal information, including health information, and how you can request access to or correction of information we hold about you.

In providing our services we collect information including your contact and account details, health and screening information, goals, training and nutrition logs, check-in responses, body weight, body measurements, InBody or other body composition scan data, progress photographs and other progress data (“Progress Data”).

Your health information, including body composition data and other information about your physical health, is sensitive information under the Privacy Act 1988 (Cth) and is handled in accordance with our Privacy Policy and applicable law.

We use your Progress Data to design and adjust your program, coach you, measure your progress and adherence (including for the 30-Day Results Guarantee), assess Competition outcomes where applicable, and improve our services. Where we use Progress Data to improve our services or for internal reporting, we do so in a de-identified or aggregated form wherever practicable.

Progress photographs, InBody or body composition data, measurements, results, testimonials, your name and your likeness are never used in marketing, social media, case studies, Competition promotion or other public content without your separate written consent, which we obtain through our Photo & Testimonial Release. You may withdraw that consent at any time as described in the Release and our Privacy Policy, although withdrawal will not affect content already published or distributed before we receive your request, to the extent it is not reasonably practicable to remove it.

Any testimonial we publish reflects the individual client’s own experience. Section 9 applies to all client results and testimonials we use.

We retain Progress Data for the periods described in our Privacy Policy. Third-party platforms we use, including Everfit, Stripe and Instagram, handle information under their own privacy policies.

Communications

You agree that DBR may communicate with you electronically using the email address, telephone number or messaging platform details you provide to us.

Service communications may include coaching instructions, check-ins, appointment information, payment notices, account information, Competition and Referral Program administration, and other communications reasonably necessary to provide the services.

You are responsible for ensuring that your contact details remain current.

Marketing communications will be handled separately and in accordance with our Privacy Policy and applicable laws, including the Spam Act 2003 (Cth).

Force majeure and events outside our control

We will not be responsible for delay or failure to provide services to the extent caused by circumstances beyond our reasonable control, including significant technology failures, telecommunications outages, natural disasters, government action, widespread cyber incidents, serious illness, or other circumstances that could not reasonably have been prevented or avoided.

Where such circumstances materially affect the services, we will take reasonable steps to notify affected clients and, where reasonably practicable, provide an alternative method of delivering the affected services.

This clause does not limit any statutory rights or remedies you may have under the Australian Consumer Law.

General

Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts.

Changes

We may update these Terms from time to time.

The version in force at the time of your purchase will generally apply to that purchase, subject to any variation agreed with you or required by law.

Material changes affecting active clients will be notified by email where reasonably appropriate.

We will not use a variation of these Terms to retrospectively remove or reduce rights that have already accrued to you, including a Lifetime Launch Pricing entitlement or a referral reward you have already qualified for.

Severability

If any provision is found invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

Entire agreement

These Terms, together with the Client Agreement, Health & Liability Form, applicable purchase or subscription terms, the Competition Rules (where applicable) and Privacy Policy, form the entire agreement between us in relation to the subject matter to which those documents apply.

Nothing in the entire agreement clause excludes or limits any representation, guarantee, condition, warranty or right that cannot lawfully be excluded or limited.

No waiver

A failure or delay by DBR to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

Assignment

You may not transfer or assign your coaching program, a Lifetime Launch Pricing benefit, a referral reward or your rights under these Terms to another person without our prior written consent. DBR may transfer or assign its rights and obligations where reasonably necessary to operate or restructure the business, subject to applicable law.

Contact

Questions about these Terms can be sent to coach@dadbodrebuild.com.au.

Acknowledgement

By purchasing or commencing a DBR coaching program, you acknowledge that:

you have read and understood these Terms;
you have had a reasonable opportunity to ask questions about the services and these Terms;
you have provided accurate and complete information relevant to your participation;
you understand that DBR provides health and fitness coaching and not medical treatment or professional medical advice;
you understand that exercise carries inherent risks;
you understand that individual results vary and are not guaranteed, and that the 30-Day Results Guarantee has conditions and provides additional coaching rather than a refund;
you understand that Rebuild 30 is a limited launch offer with its own price and conditions, and that it cannot be cancelled or refunded for change of mind after purchase, subject to your Australian Consumer Law rights; and
nothing in these Terms limits any rights you have under the Australian Consumer Law or other applicable law.

Rebuild 30 launch edition