TERMS & CONDITIONS
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at info@cfkate.com.
When you join CFK Programming and Nutrition (referred to in this Agreement as “our program”), these terms and conditions (“Agreement”) make a legally binding agreement between CFK Collective Pty Ltd ACN 660 491 887. (referred to in this Agreement as “us”, “we” and “our”) and you in the same way as if you had signed an agreement containing these terms and conditions.
Initial commitment and cancelling
Nutrition
The minimum subscription is 12 weeks, the coaching will automatically continue beyond 12 weeks. If you decide you want to cancel within the first 2 weeks, you can cancel obligation free. Beyond that, you agree to complete the full 12 week minimum term. The subscription will continue beyond 12 weeks and be terminated upon the clients request. To cancel, please contact your coach or info@cfkate.com. Terminating your subscription early will incur fees, the fee is the remaining balance of the minimum time requirement.
For example, if you have 6 weeks left of you 12 week initial commitment, you will cover the fees for 6 weeks if you wish to cancel. This is to help our coaches as the fee structure is built around what they charge across a three month period for a 1:1 service. It also covers the administration costs of cancelling a membership and then the subsequent loss in income for that coach.
Programming
Payment is a month to month automatic direct debit. You can cancel at any point before your next payment date by logging in to your account and cancelling your plan. Refunds are not provided if you cancel after your payment has processed. Questions can be sent to info@cfkate.com
Coaching expectations
This is 1:1 coaching with weekly online check-ins. There are no meal plans and there is no in-person coaching. Your coach wants to meet you where you are at, we are happy to discuss doing zoom calls, phone calls and other styles of check-ins, however the program is set up as online check-ins via email. Any requests need to be discussed and agreed upon with your coach.
Coach access
Our coaches work Monday to Friday with the odd weekend. They are available to you and you are welcome to reach out to them outside of your check-in, we typically take less than 24 hours to reply to you but we encourage our coaches to have boundaries around their time! Please be patient if you contact your coach late at night, early in the morning or on weekends, in these instances they may take more than 24 hours to respond to you.
Christmas break
We shut down the business for one week every year, this is during Christmas and New Years. Part of signing on with us means that you accept and agree to this, it allows our coaches, who are contractors, to take a week off once a year! At any other point, if your coach is unavailable, you will either be provided with another coach to cover for that period or your membership will be paused until your coach returns. This is extremely rare but can happen. We always endeavour to provide another coach temporarily before we leave you without a coach!
We are not doctors
CFK Nutrition does not offer services beyond it's scope of practice, any feedback provided should not be considered health or medical advice, we are nutrition coaches with the appropriate certificates, not specialists, dieticians or nutritionists. Always consult with your doctor or physician on any matters regarding your health.
Our program is designed to give you the tools and education to help you enhance your quality of life and daily function. By joining our program, you agree and acknowledge that:
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you have obtained medical advice from your doctor about the suitability of our program;
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our program provides general health and wellness advice and is not designed to be tailored to your personal medical history.
Charges And Fees
By joining our program you agree to:
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pay, using a valid credit card (or other form of payment which we may accept).
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allow us to provide your personal data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
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price of our program will be inclusive of GST and charged in Australian dollars unless we have stated otherwise.
Limitation Of Liability
Our total liability to you for any Loss arising out of or in connection with:
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Any act, error, negligence, misrepresentation or omission concerning or arising out of our program (including any representation or warranty as to the quality or fitness of the program or our ability to perform the program); and
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Any breach of duty of any kind owed in connection with providing the program,
will be limited to and will not exceed the total Fees paid by you under this Agreement.
In no event will we be liable for any indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
In this clause Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tort, contract or otherwise (including costs awarded or incurred) of any kind.
Intellectual Property
You acknowledge that we own all Intellectual Property Rights in our program.
We agree to grant you a non-exclusive, non-transferable, royalty free licence to use and reproduce the Intellectual Property Rights for the sole purpose of ensuring that you obtain the benefit of our program.
In this clause, Intellectual Property Rights means copyright, trademark, design, and any other rights whether or not they are registered or registrable, relevant to, among other things, the text, graphical, audio and other information, content, data or material used by us in the program.
You aren’t permitted to share, whether on social media or otherwise, any Intellectual Property from our program for a fee or for free.
Social Media
We love to hear about the wins and breakthroughs of our program participants. By entering our program, you agree that we may share any written testimonials from you about your progress in the program on our website and social media platforms using your first name but without a photo. We will use our best endeavours to ensure that any identifying personal information is not visible when sharing this information. If you do not wish to have any testimonials or progress shared by us, please notify us by email at info@cfkate.com when joining our program.
Termination
We may terminate your participation in our program if you:
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fail to fix a breach of this agreement (including, without limitation, late payment of fees more than 2 weeks overdue or breach of our intellectual property); or
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fail to comply with our program’s guidelines.
Applicable Law
This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the Courts of New South Wales.