BATTLE READY ONLINE TRAINING

TERMS AND CONDITIONS

Operated by:
Outperform Fitness Pty Ltd
ABN 86 643 088 760
Trading as Battle Ready Online Training
New South Wales, Australia

Effective Date: 9 October 2026

1. AGREEMENT

By purchasing, accessing or participating in Battle Ready Online Training, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must not enrol or participate.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

2. ELIGIBILITY

Participation is available to individuals aged 16 years and older.

Participants aged 16 or 17 years must have the consent of a parent or legal guardian before enrolling.

Outperform Fitness Pty Ltd may require written confirmation of parental or guardian consent before providing or continuing services to a participant under 18 years of age.

3. MINOR PARTICIPANTS

Where a participant is under 18 years of age:

1. The participant must have permission from a parent or legal guardian to participate.

2. The parent or guardian acknowledges that physical training involves inherent risks.

3. The participant must comply with these Terms and Conditions.

4. The person responsible for payment accepts responsibility for membership fees.

5. A parent or guardian should review the training service and determine whether it is appropriate for the participant.

Nothing in this clause limits any rights or protections applying to minors under Australian law.

4. NATURE OF SERVICES

Battle Ready Online Training is a fully online fitness coaching service.

No in-person training sessions or gym access are included unless expressly agreed in writing.

The service may include:

• Structured training plans

• Online coaching support

• Performance guidance

• Training education and resources

• General nutrition guidance

• Access to online communities, platforms or training applications

Members are responsible for obtaining access to any gym facilities, equipment, internet connection or devices required to participate.

Failure to obtain suitable equipment or facilities does not by itself entitle a member to a refund, cancellation or suspension outside these Terms, subject to any rights that cannot be excluded by law.

5. HEALTH SCREENING AND MEDICAL RESPONSIBILITY

Members may be required to complete health screening as part of onboarding.

By participating, you confirm that you:

• are medically able to participate in physical training; or

• have obtained appropriate medical clearance where required.

Members are responsible for providing accurate information regarding injuries, health conditions and other matters that may affect their ability to train safely.

Members must stop exercising and seek appropriate medical advice if they experience symptoms including chest pain, dizziness, severe shortness of breath, loss of consciousness or unusual or concerning pain.

Coaches may recommend that a member obtain medical clearance before commencing or continuing training.

6. ASSUMPTION OF RISK

You acknowledge that physical exercise involves inherent risks including, but not limited to:

• Muscle strain

• Joint or connective tissue injury

• Cardiovascular stress

• Falls

• Aggravation of existing injuries

• Illness or injury arising during exercise

You accept the ordinary risks associated with voluntarily participating in physical training.

To the extent permitted by law, Outperform Fitness Pty Ltd is not responsible for injury, loss or damage caused by risks inherent in physical exercise where reasonable care has been taken.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including rights available under the Australian Consumer Law.

7. NUTRITION GUIDANCE

The service may include general nutrition education and guidance.

Unless expressly stated otherwise, nutrition information is general in nature and does not constitute individual medical, dietetic or therapeutic advice.

Members with medical conditions, allergies, eating disorders or specialised nutritional requirements should obtain advice from an appropriately qualified health professional.

8. MEMBERSHIP STRUCTURE

8.1 7-Day Trial

Eligible members may commence with a 7-day trial for $1.

• $1 is charged when the member signs up.

• The trial begins on the applicable Monday start date advised during sign-up.

• The member receives access to the applicable coaching service during the trial.

• The membership automatically continues into the membership option selected at sign-up unless cancelled before the first standard membership payment becomes due.

The $1 trial is a promotional introductory period and is separate from any statutory cooling-off right that may apply under applicable law.

8.2 Minimum Membership Terms

Members select one of the following minimum membership periods:

• 1 month

• 3 months

• 6 months

Membership fees are billed weekly.

The selected period is a minimum commitment period, not a prepaid fixed-term membership.

After the minimum term has been completed, membership continues on a week-to-week basis until cancelled in accordance with these Terms.

Any approved suspension pauses the running of the minimum term as provided in clause 11.

9. PAYMENTS

Membership fees are billed weekly using Stripe or another nominated payment provider.

By enrolling, you authorise Outperform Fitness Pty Ltd and its payment providers to process recurring membership payments in accordance with the membership option selected by you.

Depending on the payment method used, payments may take several business days to clear or may temporarily appear as pending.

9.1 Failed or Overdue Payments

Members remain responsible for all membership fees and other amounts properly payable under their selected membership agreement.

Failure to make a scheduled payment does not constitute cancellation of the membership and does not release the member from their minimum-term obligations.

Where a payment is unsuccessful, declined or remains overdue, Outperform Fitness Pty Ltd may:

• reattempt the payment;

• contact the member regarding the outstanding balance;

• suspend access to coaching services while the account remains overdue; and

• take reasonable steps to recover amounts properly owing under the agreement.

Suspension of access due to non-payment does not itself cancel the membership or waive amounts otherwise payable under these Terms.

Outperform Fitness Pty Ltd may terminate a membership for persistent or substantial non-payment or other material breach of these Terms.

Termination by Outperform Fitness Pty Ltd due to payment default does not waive:

• membership fees that became due before termination;

• an applicable early termination amount under clause 10.5;

• an applicable Morpheus amount under clause 12; or

• any other amount properly payable under these Terms.

Any recovery of outstanding amounts will be subject to applicable law.

9.2 Outstanding Accounts and Rejoining

A former member with an outstanding account balance may be required to pay all amounts properly owing under their previous membership before commencing a new membership with Outperform Fitness Pty Ltd.

Outperform Fitness Pty Ltd may decline a new membership application where a previous account remains unpaid.

10. CANCELLATION

10.1 What Constitutes a Cancellation Request

Members are encouraged to submit cancellations through the official cancellation form provided by Outperform Fitness Pty Ltd.

A cancellation may also be made by another method of clear written notice where required by applicable law.

Merely discussing cancellation does not constitute notice of cancellation.

Examples that do not by themselves constitute notice include:

• asking how cancellation works;

• saying you are considering cancelling;

• asking about alternative membership options;

• discussing financial or personal circumstances; or

• requesting a call with a coach about continuing your membership.

A cancellation notice must clearly communicate that the member has decided to cancel their membership.

Where the cancellation form is used, the applicable notice period begins when the completed form is submitted.

Where applicable law requires Outperform Fitness Pty Ltd to accept another form of written cancellation, the notice period begins when Outperform Fitness Pty Ltd receives clear written notice that the member is cancelling.

10.2 Cancellation During the Trial

Members may cancel during the 7-day trial before the first standard weekly membership payment becomes due.

Members should submit the cancellation through the cancellation form provided.

If valid cancellation notice is received before the first standard membership payment becomes due, the ongoing membership will not commence.

Any rights arising under applicable consumer legislation continue to apply.

10.3 Cancellation After the Minimum Term

After completing the selected minimum membership term:

• the membership continues week-to-week;

• 14 days' written notice is required to cancel; and

• normal weekly membership fees continue during the 14-day notice period.

The membership remains active and coaching services remain available during the notice period.

The cancellation becomes effective at the end of the 14-day notice period.

10.4 Early Cancellation During the Minimum Term

A member may request release from the remainder of their minimum membership term in the following circumstances.

Enlistment

Evidence required:

An official letter or other satisfactory documentation confirming enlistment or commencement of full-time service that materially prevents continued participation in the service.

Medical Circumstances

Evidence required:

Documentation from an appropriately qualified medical professional confirming that a medical condition prevents or materially restricts the member from participating in the training service.

The member is not required to disclose their diagnosis unless disclosure is reasonably necessary and lawful.

Approved Early Cancellation

If early cancellation is approved:

• the member will be released from the remaining minimum-term commitment;

• no fee based on the remaining minimum membership period will apply;

• the standard 14-day cancellation notice period will still apply;

• normal weekly membership fees will continue during that 14-day notice period; and

• coaching services will remain available during the notice period.

This clause does not override any applicable law that gives a member a right to immediate cancellation.

10.5 Other Early Cancellation Requests

Where a member wishes to cancel before completing their selected minimum term and the cancellation does not fall within an approved early cancellation circumstance:

• 14 days' written notice applies;

• normal weekly membership fees remain payable during the notice period; and

• an early termination amount may apply.

Any early termination amount will not exceed 50% of the membership fees that would otherwise have become payable during the remainder of the minimum term and will only be charged to the extent that it is reasonable and permitted by applicable law.

Nothing in this clause permits Outperform Fitness Pty Ltd to impose a penalty or unfair contract term contrary to the Australian Consumer Law.

10.6 Payments During Cancellation

A payment scheduled or processed during an applicable notice period remains payable.

Where a bank debit has already been initiated before cancellation takes effect, the payment may continue to show as pending or may complete after the cancellation request is submitted.

If an amount is received that relates to a period after the membership has legally ended and is not otherwise owing, the applicable unused amount will be refunded.

11. SUSPENSIONS

Members may request suspension of their membership subject to the following limits:

• Maximum total suspension: 8 weeks per calendar year

• Minimum suspension period: 2 weeks

• Maximum suspension during a minimum membership term: 4 weeks

• At least 3 days' written notice should be provided

• Suspensions normally commence on Mondays

During an approved suspension:

• weekly membership billing is paused;

• coaching access may be paused; and

• the minimum membership term pauses and is extended by the length of the suspension.

Suspension requests must be submitted in writing and are subject to approval.

Additional rights may apply where required by law.

12. MORPHEUS FITNESS TRACKING DEVICE

Members may be given the option to obtain a Morpheus fitness tracking device either:

• by purchasing the device outright at the advertised purchase price; or

• by receiving the device at no upfront cost in exchange for agreeing to an additional 3-month minimum membership commitment.

12.1 Outright Purchase

Where a member purchases a Morpheus device outright, the applicable purchase price will be disclosed before purchase.

The device purchase is separate from the member's minimum membership commitment unless otherwise stated at the time of purchase.

Any consumer guarantees applying to the device under the Australian Consumer Law continue to apply.

12.2 Morpheus 3-Month Membership Option

Where a member elects to receive a Morpheus device at no upfront cost, the member agrees to an additional 3-month minimum membership commitment.

The commencement and end dates of the additional commitment will be advised when the member accepts the Morpheus offer.

The additional commitment forms part of the member's membership agreement.

12.3 Leaving Before Completing the Morpheus Commitment

If the member does not complete the additional 3-month minimum commitment because of:

• voluntary cancellation;

• payment default;

• termination arising from the member's breach of these Terms; or

• another circumstance where the member is not otherwise legally entitled to cancellation without charge,

a Morpheus recovery amount of $150 will become payable.

The Morpheus recovery amount reflects the agreed value or subsidised cost of the device supplied to the member and is separate from:

• overdue membership fees; and

• any applicable early termination amount under clause 10.5.

The Morpheus recovery amount will only be charged to the extent permitted by applicable law.

Where applicable law gives the member a right to cancel without that charge, the member's statutory rights will prevail.

13. INTELLECTUAL PROPERTY

All training plans, educational materials, videos, written content, resources and other program materials remain the intellectual property of Outperform Fitness Pty Ltd or the relevant copyright owner.

Members must not, without written permission:

• reproduce program materials;

• redistribute or publish program materials;

• share paid resources with non-members;

• share account or login details; or

• sell, licence or commercially exploit program content.

Reasonable personal use of materials supplied as part of the membership is permitted.

14. MEMBER CONDUCT

Members must behave respectfully in communications with coaches, staff and other members.

Abusive, threatening, discriminatory, harassing or seriously inappropriate behaviour may result in suspension or termination of access.

Where reasonably practicable, Outperform Fitness Pty Ltd will consider the seriousness of the conduct before terminating a membership.

Any financial consequences of termination will be subject to applicable law.

15. MEDIA AND TESTIMONIALS

Outperform Fitness Pty Ltd may request permission to use member testimonials, images, videos or progress information for marketing or promotional purposes.

Where consent has been provided, a member may withdraw consent for future use by notifying Outperform Fitness Pty Ltd in writing.

Withdrawal of consent will not necessarily require the removal of material lawfully published before consent was withdrawn where removal is not reasonably practicable or legally required.

16. LIMITATION OF LIABILITY AND CONSUMER RIGHTS

To the extent permitted by law, Outperform Fitness Pty Ltd is not liable for indirect or consequential losses that were not reasonably foreseeable.

Nothing in these Terms excludes, restricts or modifies:

• consumer guarantees;

• statutory warranties;

• rights to compensation; or

• any other rights or remedies

that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

17. CHANGES TO THESE TERMS

Outperform Fitness Pty Ltd may update these Terms from time to time to reflect changes to the service, business practices or applicable law.

Material changes will not be applied retrospectively in a way that unfairly disadvantages an existing member.

If a proposed material change significantly increases a member's obligations or reduces the services or rights available to them during an existing minimum term, reasonable notice will be provided and any consent or cancellation rights required by law will be honoured.

Minor administrative, formatting or clarification changes may take effect when published.

18. COMPLAINTS

Members who have a concern about their membership, payments or coaching service should contact:

Outperform Fitness Pty Ltd
Email: [email protected]

Outperform Fitness Pty Ltd will make reasonable efforts to investigate and respond to complaints promptly.

Nothing in this clause prevents a member from exercising any right to contact a consumer regulator, tribunal, court or other dispute-resolution body.

19. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the minimum extent necessary.

The remaining provisions will continue to operate.

20. ENTIRE AGREEMENT

These Terms, together with the membership option selected at checkout, any Morpheus option accepted by the member and any other terms expressly incorporated during enrolment, form the agreement between the member and Outperform Fitness Pty Ltd.

Any rights that cannot legally be excluded continue to apply.

21. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and the Commonwealth of Australia, subject to any rights or jurisdiction that cannot lawfully be excluded under applicable consumer legislation.

One operational point

For your internal overdue balance, I'd now record amounts separately rather than one generic debt figure:

Membership arrears: failed payments already due
Early termination amount: if applicable under 10.5
Morpheus recovery amount: $150 if applicable under clause 12
Total outstanding: combined amount

That way, if someone later wants to rejoin, you can see exactly what makes up their outstanding balance rather than recording the entire remaining membership term as “overdue”.

I would still have clauses 9.1, 10.5 and 12.3 reviewed by an Australian consumer-law solicitor before relying on them for debt recovery, particularly where the 50% early termination amount and $150 Morpheus recovery amount could apply at the same time.