TERMS & CONDITIONS

Last updated: 04 September 2026.

These Terms & Conditions (“Terms”) apply to fitness programs and coaching services provided by Jacob Capablanca, a sole trader based in New South Wales, Australia (“Jacob”, “we”, “us” or “our”).

By purchasing or accessing a program, you (“you” or “your”) agree to these Terms, together with the applicable program details, Refund & Cancellation Policy, Fitness Program Waiver & Consent and Privacy Policy.

1. Our Services

We provide online fitness training and coaching programs, which may include:

  • structured workout programs;

  • personalised training programs;

  • exercise and progression guidance;

  • messaging and coaching support;

  • check-ins;

  • lifestyle and habit tracking;

  • educational resources;

  • community access; and

  • other features described on the relevant program or sales page.

The services included in your purchase depend on the program or package you select.

Programs are delivered online and may use third-party platforms, including Everfit.

2. Eligibility

Our programs are available only to people 18 years of age or older.

By purchasing a program, you confirm that you are at least 18 years old.

You are responsible for determining whether exercise is appropriate for you and for obtaining medical advice where appropriate.

You must also read and agree to our Fitness Program Waiver & Consent before commencing training.

3. Program Information

Before purchasing, you will be shown the relevant program's price, payment frequency, inclusions and any minimum commitment that applies.

We aim to ensure that information about our programs is accurate and up to date. If there is any important difference between these Terms and the information presented on the specific sales or checkout page, the specific information provided to you before purchase will apply to that purchase.

4. Payment

You agree to pay the price shown at the time of purchase.

Payments may be processed through third-party payment providers, including Stripe.

Where you purchase a recurring subscription, you authorise the applicable payment provider to charge your payment method at the stated billing interval until the subscription is cancelled.

You are responsible for keeping your payment details up to date.

5. Recurring Subscriptions

Some programs are offered on a recurring basis, usually monthly.

The subscription will automatically renew at the stated billing interval unless you cancel it in accordance with these Terms.

The renewal price and billing frequency will be disclosed before you purchase.

We will not represent a program as “monthly” or otherwise cancellable at any time where a minimum commitment applies. Any minimum commitment will be clearly disclosed before purchase.

6. Custom Programs and 12-Week Commitment

Custom Programs have an initial minimum commitment of 12 weeks. The Custom Program will automatically renew for a further 12-week period unless you request to cancel or change your commitment before the next renewal.

You may contact us at any time during your initial 12-week commitment to discuss cancelling your program or moving to a different commitment structure, such as a monthly commitment. Any change to your commitment structure will generally take effect only after the initial 12-week commitment has been completed and must be agreed with us before it takes effect.

If you request to cancel before completing the initial 12-week commitment, the agreed minimum commitment will continue to apply, subject to your rights under applicable law.

7. Cancelling Your Subscription

You may cancel your subscription through Everfit where that option is available, or by contacting us directly.

We recommend requesting cancellation before your next scheduled payment or renewal where possible, to allow time for your request to be processed. This is an administrative recommendation and does not limit any rights you may have under applicable law.

If you cancel before your next payment is processed, we will take reasonable steps to prevent that payment from being charged.

If a payment has already been processed before we receive or action your cancellation, whether you are entitled to a refund will be determined under our Refund & Cancellation Policy and applicable law.

8. Refunds

Our Refund & Cancellation Policy explains when refunds are available.

Except where required by law, we do not generally provide refunds simply because you:

  • change your mind;

  • decide not to continue;

  • stop using the program;

  • do not have enough time to train;

  • lose motivation; or

  • do not achieve the results you hoped for.

We may, at our discretion, offer a pause, extension or other arrangement in appropriate circumstances, including injury, illness or significant personal circumstances.

Nothing in these Terms or our Refund & Cancellation Policy limits any rights or remedies you have under applicable consumer law.

9. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to compensation for other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have the problem rectified within a reasonable time. If the problem is not rectified, you may be entitled to cancel the contract and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot legally be excluded, restricted or modified.

10. Fitness Risks and Your Responsibilities

You acknowledge that physical exercise involves inherent risks, including injury and other adverse health effects.

You agree to:

  • provide accurate and relevant information about your health, injuries and fitness where requested;

  • follow reasonable training and safety instructions;

  • exercise within your own abilities and limitations;

  • modify, reduce or stop an exercise when appropriate;

  • seek clarification if you do not understand an exercise or progression; and

  • seek appropriate medical advice or assistance where necessary.

You should stop exercising if you experience significant pain, dizziness, illness, unusual symptoms or other symptoms that cause you concern.

Our Fitness Program Waiver & Consent contains further information about participation and exercise risks.

11. No Guaranteed Results

We do not guarantee any particular fitness or health outcome.

Results vary between individuals and may depend on factors including your consistency, nutrition, recovery, training history, physical characteristics and adherence to the program.

Any examples or statements about potential results are illustrative only and are not guarantees of a particular outcome.

12. Online Training

Our services are provided online. Jacob may not be physically present while you exercise, and online coaching cannot provide the same level of direct supervision as in-person training.

You are responsible for having a suitable environment and appropriate equipment to safely perform the exercises provided.

Jacob is not an emergency medical provider. If you experience a medical emergency, stop exercising and seek appropriate emergency assistance.

13. Third-Party Platforms

Our services may rely on third-party platforms, including Everfit, Stripe and other software or integrations.

We do not control third-party services and cannot guarantee that they will always be available or free from technical problems.

Where a third-party issue affects your access to a program, we will take reasonable steps to address the issue or provide an appropriate alternative where reasonably practicable.

14. Intellectual Property

All programs, workouts, videos, images, written materials, exercise descriptions, resources, training methods and other content provided by us remain our property or are used under licence.

Your purchase gives you a personal, limited and non-transferable right to use the program for your own personal fitness purposes.

You must not copy, reproduce, distribute, publish, sell, share or commercially exploit our programs or materials without our prior written permission.

You must not share your Everfit account or program access with another person.

15. Community and Appropriate Conduct

Where your program includes access to a community or group, you agree to interact respectfully.

You must not engage in harassment, abusive behaviour, discrimination, spam, impersonation or unlawful conduct.

We may restrict or remove access to community features where reasonably necessary to protect other members or the operation of the service.

16. Changes to Our Services

We may make reasonable changes to the content, structure or delivery of a program where necessary to improve the service, maintain compatibility with third-party platforms or respond to operational circumstances.

We will not make a material change that substantially reduces the service you have paid for without providing an appropriate remedy where required by applicable law.

17. Suspension or Termination

We may suspend or terminate access to your program if you materially breach these Terms, misuse the service, share your account or program, engage in abusive or unlawful conduct, or otherwise create a significant risk to our business or other customers.

Where reasonably practicable, we will notify you and give you an opportunity to resolve the issue before taking action.

Any termination will be subject to your rights under applicable law.

18. Website Use

You may use our website for personal and lawful purposes only. You must not use the website in a way that is unlawful, fraudulent, or that could damage, disrupt or interfere with the operation or security of the website.

19. Website Content

The information, images, videos and other content on our website are provided for general informational purposes only. We make reasonable efforts to keep this information accurate and up to date, but we do not guarantee that it will always be complete, accurate or current.

Website content is not medical advice and should not be relied upon as a substitute for professional medical advice, diagnosis or treatment. We may update or change website content from time to time.

20. Liability

To the maximum extent permitted by law, you acknowledge that physical exercise involves inherent risks that cannot be completely eliminated.

You acknowledge that Jacob cannot guarantee that participation in a program will be free from injury or other adverse outcomes.

To the extent permitted by law, Jacob is not responsible for loss or injury arising from risks inherent in physical exercise or from your failure to follow reasonable instructions, provide relevant information, exercise within your abilities or use the program as intended.

Nothing in these Terms or the Fitness Program Waiver & Consent excludes, restricts or modifies any liability or legal right that cannot lawfully be excluded, restricted or modified.

21. Privacy

We collect and use personal information as reasonably necessary to provide our services.

This may include information about your fitness, health, injuries and training history.

Your information may be processed through third-party providers used to deliver our services, including Everfit and payment providers.

Please see our Privacy Policy for information about how we collect, use, store and disclose personal information.

22. International Customers

We accept customers from outside Australia.

These Terms are governed by the laws of New South Wales, Australia, to the extent permitted by applicable law.

If you are located outside Australia, mandatory consumer protection or other laws in your country or jurisdiction may apply to your purchase or use of our services.

Nothing in these Terms is intended to exclude or limit any right or protection that cannot legally be excluded or limited in your jurisdiction.

Subject to mandatory rights and jurisdictional requirements, disputes will be dealt with by the courts of New South Wales, Australia.

23. Changes to These Terms

We may update these Terms from time to time, including where necessary to reflect changes to our services, business practices or legal requirements.

Where we make a material change to these Terms that affects existing clients, we will provide reasonable notice, such as by email or through the Everfit platform, before the updated Terms take effect, unless a change is required to take effect sooner by law.

The updated Terms will apply from the effective date stated in the notice. Your continued use of our services after that date will constitute acceptance of the updated Terms, to the extent permitted by law.

Changes will not remove or reduce any rights you have under applicable consumer law.

24. Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be read down or removed to the extent necessary, and the remaining provisions will continue to apply.

25. Contact

For questions about these Terms, your subscription or our services:

Jacob Capablanca

Email:jacobcapablanca.pt@gmail.com

Website:jacobcapablanca.com