About these terms
- (a) These Terms & Conditions (“Terms”) govern your purchase and use of any coaching service, program, challenge, digital product or plan supplied by ACTIV8 by JT.
- (b) By purchasing, paying for, accessing or using any of our services, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy. If you do not agree, do not purchase or use the services.
- (c) You must be at least 18 years old to purchase or use the services.
The services these terms cover
These Terms apply to all services we offer, whether listed currently or added later, including but not limited to:
- Nutrition Coaching (ongoing, rolling) — currently $80/week
- Premium Coaching — Training & Nutrition (ongoing) — currently $110/week
- Partner / Friend rate (two people, nutrition coaching) — currently $64/week each
- ACTIV Women membership — currently $40/month after a 4-week trial; website and paid-ad signups continue automatically unless cancelled
- ACTIV8 8-Week Challenge (seasonal cohort) — currently $49/week for 8 weeks
- Nutrition Program (one-time custom plan) — currently $450
- Historical Nutrition Blueprint / recipe-book purchases, where applicable; the product is no longer offered publicly
- Any future or custom plan, package, bundle, upsell, downsell, promotion or trial we may offer from time to time.
If there is any conflict between a specific service description at checkout and these Terms, these Terms apply unless we have agreed otherwise in writing.
Eligibility
Our services are intended for adults. You must be at least 18 years old to purchase or use any of our services — we do not coach or provide services to anyone under 18 years of age. You must also be capable of entering a legally binding contract and provide accurate information about yourself, and you are responsible for keeping your account, login and contact details up to date. You may be required to complete a health assessment questionnaire before starting.
Health, fitness & medical disclaimer
- Coach James is a fitness and nutrition coach, not a medical professional, doctor, dietitian or psychologist. Our services provide general fitness, training and nutrition guidance only and are not medical advice, diagnosis or treatment.
- You should obtain clearance from a qualified medical professional before starting any training or nutrition program, especially if you are pregnant or postpartum, have an injury, illness, eating disorder, allergy, intolerance, or any medical condition, or take medication.
- You confirm that any health, injury, allergy, dietary and medication information you give us is true and complete, and you will update us promptly if it changes.
- You participate voluntarily and at your own risk. You are responsible for exercising within your own limits, using correct technique, and stopping and seeking medical help if you feel unwell or experience pain.
- Meal plans, macros and calorie targets are general guidance based on the information you provide. You are responsible for checking all food for personal allergens and intolerances.
No guarantee of specific results
Fitness and nutrition results depend heavily on your own effort, consistency, genetics, starting point, honesty and circumstances. While we provide proven systems and coaching, we cannot and do not guarantee any specific result, weight loss, body-fat change, strength gain or outcome for any individual. Any testimonials, before/after photos or case studies show individual results that are not typical and are not a promise of your results. This clause does not affect the separate Satisfaction / Transformation Guarantee in the Satisfaction / Transformation Guarantee section or your Australian Consumer Law (ACL) rights.
Pricing, payment & billing
- (a) All prices are in Australian Dollars (AUD) and, unless stated otherwise, are inclusive of any applicable GST.
- (b) Payments are processed securely through Stripe, our third-party payment processor (and its sub-processors). By paying, you authorise the charges described at checkout. We do not store your full card details.
- (c) Recurring services (Nutrition Coaching, Premium Coaching, Partner rate, the ACTIV8 Challenge and ACTIV Women) are billed in advance on the cycle shown at checkout until the applicable fixed commitment ends or the service is cancelled in accordance with the Cancellations, notice, pauses & plan changes section. You authorise us and our payment provider to charge your nominated payment method automatically each billing cycle.
- (d) One-off services and products, including the Nutrition Program and any historical Nutrition Blueprint purchase, are charged as a single payment at purchase.
- (e) Any promotional or pay-upfront discount applies only where it is expressly offered at checkout and is not available retrospectively.
- (f) Partner / Friend rate: the discounted per-person rate requires both people to remain active on the plan. If one person cancels or stops paying, we may move the remaining person to the standard solo rate from the next billing cycle.
- (g) We may change our prices at any time. Price changes will not affect a fixed-term or upfront purchase you have already paid for, and we will give existing recurring clients reasonable notice before a change takes effect.
ACTIV Women trial, billing and cancellation
- ACTIV Women is an ongoing women-only community membership delivered through the ACTIVATE app on Everfit. The current standard price is A$40 per month.
- Website and paid-ad signups receive a four-week free trial and must provide a valid payment method at signup. No membership fee is charged during the trial. Unless cancelled before the trial ends, the nominated payment method is automatically charged A$40 when the four weeks end and monthly thereafter on the same billing date until cancelled.
- We may send trial-ending and billing reminders as a courtesy. You remain responsible for knowing the trial end date and cancelling on time if you do not want paid membership to begin.
- ACTIV Women members may cancel at any time, but a short cancellation and feedback call with Coach James is required to complete the cancellation. The member must first request cancellation in writing by emailing info@activatebyjt.com.au or sending an in-app message, then book and attend the available phone or video call. The membership is cancelled after that call has taken place.
- To prevent the first charge, the cancellation call must be completed before the exact trial expiry time shown by Stripe or at checkout. To prevent a later monthly renewal, the call must be completed before the next billing date. Members should request and book the call early enough for it to occur before the relevant date.
- If a member does not book the call, cancels the appointment or does not attend, the membership remains active and normal billing continues until the call is completed. If ACTIV8 by JT cannot provide a reasonable call time before the relevant billing date after receiving a timely written request, the cancellation will be treated as effective from the date of the written request and the member will not be charged an extra renewal solely because of our availability.
- ACTIV Women has no eight-week minimum term and no two-week cancellation-notice period. The required cancellation call replaces the two-week notice rule that applies to personalised coaching.
- Cancellation stops future renewals. It does not refund or prorate a paid month that has already started, except where required by the Australian Consumer Law. Paid access ordinarily continues until the end of the current billing period, unless access is suspended for non-payment, misuse, safety or a serious breach of these Terms.
- Personally invited founding members may receive four weeks of access without providing a card. A no-card trial never converts to paid membership automatically. We must obtain the member's express agreement and payment details before charging them.
- ACTIV Women includes self-paced connected step tracking, community access, starter and progressive training resources, recipe content, a new recipe book each month, milestone recognition and optional community activities. It does not include weekly private check-ins, custom weekly meal-plan adjustments, daily one-on-one messaging, ongoing form reviews or bespoke programming.
- Step milestones, leaderboards and rewards may require a compatible device, a valid connection to Everfit and verifiable activity data. We may reject manually altered, duplicated or fraudulent entries. Rewards have no cash value unless expressly stated, are subject to availability and may be changed prospectively on reasonable notice.
- Progress photos, body weight and measurements are optional for ACTIV Women unless a specific promotion or reward clearly states otherwise.
Minimum terms
Different services have different commitments. The minimum term that applies to you is the one shown for your service at checkout. Unless stated otherwise:
- Nutrition Coaching — 8 weeks
- Partner / Friend (nutrition) — 8 weeks
- Premium Coaching (Training + Nutrition) — 8 weeks
- ACTIV8 8-Week Challenge — the full 8-week program
- ACTIV Women — four-week trial, then rolling monthly until cancelled under the terms shown at checkout
- Nutrition Program / Nutrition Blueprint — one-time purchase (no minimum term)
A minimum term means you commit to and are liable for the full term even if you stop participating early. Paying weekly is a payment arrangement, not a right to cancel mid-term without meeting your commitment.
Cancellations, notice, pauses & plan changes
- (a) All cancellation requests must be made in writing by email to info@activatebyjt.com.au or by an in-app message.
- (b) ACTIV Women: the separate ACTIV Women trial, billing and cancellation section applies. Members can cancel at any time, but cancellation is only completed after they request it in writing and attend the required short phone or video feedback call with Coach James. The call must occur before the trial expiry or next monthly billing date to prevent that charge. No two-week notice applies.
- (c) Nutrition, Partner and Premium coaching: cancellation cannot take effect before the eight-week minimum term ends. After that minimum term, at least two weeks’ written notice is required. Because billing is weekly, up to two further weekly payments may be processed after notice before coaching and billing stop.
- (d) ACTIV8: entry is a commitment to the full fixed eight-week intake. Paying weekly is a payment arrangement and does not create a right to cancel mid-program, subject always to the ACL and any express refund or guarantee offered for that intake.
- (e) There is no general change-of-mind cooling-off period, but this does not limit any non-excludable rights under the ACL.
- (f) Pauses/holds for personalised coaching may be requested with at least 14 days’ written notice and, if approved, are limited to one continuous four-week period in any eight-week period. Holds are not available during an initial minimum term, an ACTIV8 intake or an ACTIV Women billing period.
- (g) During a personalised coaching minimum term you may only upgrade. After the minimum term you may upgrade, downgrade or cancel with at least two weeks’ written notice.
- (h) Cancelling stops future billing only. It does not refund amounts already due or paid except where required by an express guarantee, these Terms or the ACL.
Failed payments & default
- (a) Recurring services are billed in advance through Stripe on the cycle shown at checkout: weekly for personalised coaching and ACTIV8, and monthly for ACTIV Women after its four-week trial. You authorise us and our payment provider to charge your nominated payment method each cycle.
- (b) If a payment fails, we may pause or suspend your access and coaching until it is resolved.
- (c) You are responsible for any failed-payment, chargeback or bank fees, and for the reasonable costs we incur in recovering overdue amounts (including third-party collection or legal costs).
- (d) If you fail to pay an amount when due, or you become bankrupt or insolvent, you will be in breach of these Terms and, in addition to any other rights we have, we may suspend or stop providing services and recover any amounts owing.
Satisfaction / Transformation Guarantee
Our promise: show up and do the work, and if you complete the program and don’t see results, you get your money back. To keep this fair and prevent misuse, the guarantee only applies if you genuinely complete the program and meet the minimum participation requirements below.
The guarantee applies only where it is expressly offered for the relevant ACTIV8 intake or coaching service at checkout or in the published offer terms. To be eligible for a refund under this guarantee, you must have done all of the following for the full program/period:
- Completed onboarding on time (form submitted, baseline photos, measurements and baseline weigh-in uploaded by the stated deadline).
- Logged at least two (2) weigh-ins every week for the entire program.
- Submitted your weekly photo check-in and weekly written check-in every week (baseline set plus a final set are mandatory).
- Followed the personalised training and/or nutrition plan and weekly targets we set, and stayed in reasonable communication with your coach.
- Completed the full program (e.g. the entire 8 weeks for the Challenge / your minimum term for coaching) and, despite doing so, did not achieve a meaningful result.
- Claim window: you must request the guarantee refund in writing within 7 days of the program/period ending, and give us your check-in, weigh-in and photo records so we can verify your participation.
- What “doing the work” means: missing the weekly minimums (two weigh-ins, the photo check-in and the written check-in) voids the guarantee. As a one-off goodwill allowance, a single missed week may be overlooked at our sole discretion, but only if you told your coach in advance. More than one missed week, or failing to follow the plan, means the guarantee no longer applies.
- The guarantee is a money-back arrangement only; it does not entitle you to keep services free of charge or to additional compensation. This guarantee is in addition to, and does not limit, your rights under the ACL.
ACTIV8 8-Week Challenge — specific rules
These rules apply to every Challenge entrant, in addition to all other clauses.
Format & spots
- The Challenge runs for a fixed 8 weeks with a fixed start date — everyone in an intake begins together. There are no rolling starts.
- Each intake is capped (currently 10 spots). Your spot is confirmed only once payment and onboarding are complete.
- You must complete onboarding (app set up, form submitted, baseline photos, measurements and baseline weigh-in) by the stated deadline (e.g. Sunday 12pm before the Monday start). If you miss it, we may move you to the next available start date and adjust your billing/start accordingly.
Weekly participation requirements
During the Challenge you must:
- Weigh in at least twice (2x) per week — taken in the morning, post-toilet, pre-food, on the same scale.
- Submit a weekly photo set in the same conditions and poses each week (front, side, back), including a baseline set in week 1 and a final set in the final week.
- Submit a weekly written check-in and follow your assigned plan and weekly targets.
- Respond to coaching and stay engaged in the group/app.
The $1,000 cash prize
- Each intake competes for a single $1,000 cash prize for the best verified transformation (not simply the most kilograms lost).
- Scoring: visual transformation (photos) 50%, weight-trend change 30%, compliance (check-ins, photos, habits) 20%.
- Baseline = the average of your weigh-ins in your first week (minimum 3 days). Final result compares your first-week average against your final-week average (minimum 3 weigh-ins in each of those weeks).
- The winner is selected by Coach James using the scoring method above. A finalist story vote may be used only as a tiebreaker, not as the main decision. Our decision is final.
- The prize is paid as AUD $1,000 to the verified winner within 14 days of that intake’s results being announced. The prize is not transferable and cannot be exchanged for services. You are responsible for any tax that applies to a prize you receive.
Prize eligibility gate & disqualification
To be eligible for the prize you must hit all of the following. Failing any of them means you are not eligible for the prize (you remain a participant and are still covered by the Satisfaction / Transformation Guarantee if you qualify under it):
- At least 2 check-ins per week, every week.
- 3 or more weigh-ins in both your first week and your final week (so the averages are fair).
- A baseline photo set and a final photo set submitted (weekly sets strongly encouraged).
You may be disqualified from the prize (and, where relevant, from the guarantee) if you:
- Miss the eligibility gate above (for example, forget to upload your weekly photos or fail to weigh in twice in a week);
- Manipulate, edit, stage or falsify photos, weigh-ins, measurements or check-ins, or otherwise attempt to game the result;
- Use unsafe or extreme methods (e.g. dehydration, crash dieting, banned substances) to influence the outcome;
- Breach these Terms or the group code of conduct (see the Code of conduct & termination section); or
- Receive a refund for the Challenge (you cannot both win the prize and take the money-back guarantee for the same intake).
What if I forget once? A single genuine slip may be overlooked at our sole discretion only if you tell your coach as soon as possible. It does not create an automatic right. Repeated misses, or any missed baseline/final photo set or first-week/final-week weigh-in minimum, will make you ineligible for the prize because the result can no longer be fairly verified.
Competition & prize conditions
- Promoter: ACTIV8 by JT (ABN 24 152 636 964), Australia.
- Game of skill, not chance: the winner is chosen on skill and merit (judged against the verified-transformation criteria above), not by random draw or luck. This is a game of skill, so no lottery/trade-promotion permit is required.
- Entry: open only to participants who have paid for and joined the relevant ACTIV8 intake. There is no separate entry fee beyond the program cost, and no purchase of anything extra is needed to win.
- Prize: AUD $1,000 cash, one winner per intake. Not transferable, not redeemable for services, and not exchangeable for an alternative.
- Dates: intakes open roughly quarterly; the start date, judging window and result date for each intake are set per intake and notified to participants at the start of that intake.
- Winner selection & notification: the winner is selected by Coach James, notified privately, and — with their consent — may be announced publicly. If a winner cannot be contacted within a reasonable time, is ineligible, or declines, we may select the next best-scoring eligible participant.
- Our discretion: we may pause, reschedule, change or cancel an intake or prize for reasons beyond our reasonable control, subject to your rights under the ACL.
- Tax: you are responsible for any tax payable on a prize you receive. We keep the judging records (scores, photos, weigh-ins) for each intake to support the result.
One-off plans & digital products (Nutrition Program, Nutrition Blueprint, recipe book)
- Nutrition Program ($450) is a custom, done-for-you plan built from the information you provide and delivered once through Everfit with the inclusions described at checkout (e.g. one 1-on-1 check-in and email support). Once your custom plan has been built and delivered inside the app, it is a completed, personalised service.
- Nutrition Blueprint / recipe book ($95) may be sold as a pre-order / waitlist product. By paying, you lock in your copy and agree that it will be delivered when released (estimated timing is not a guarantee). If we are ultimately unable to deliver it, you are entitled to a refund.
- Digital products and plans are licensed to you for your personal, non-commercial use only. You must not copy, share, resell, distribute or publish them.
- Credit-toward-coaching offers (e.g. $95 or $450 credited toward ongoing coaching) apply only as described at checkout, are non-transferable, have no cash value, and may have an expiry.
Refunds & Australian Consumer Law
- Because our services are personalised and delivered progressively (and digital products grant immediate access), we do not offer change-of-mind refunds except where the Satisfaction / Transformation Guarantee applies or where required by law.
- Your ACL rights are not excluded. Our services come with consumer guarantees that cannot be excluded under the ACL. If a service is not provided with due care and skill, or is not fit for a purpose we agreed, you may be entitled to a remedy (such as a re-supply or refund) under the ACL. Nothing in these Terms limits those rights.
- To request a refund or remedy, contact us at info@activatebyjt.com.au with your details and reason.
Your responsibilities
You agree to:
- Provide accurate, honest and complete information (health, goals, history, allergies, etc.) and keep it updated;
- Follow the plan and reasonable coaching instructions, and communicate openly;
- Use the coaching app (Everfit) and other tools as intended;
- Take responsibility for your own actions, food choices, exercise and safety; and
- Not rely on our services as a substitute for professional medical, dietary or psychological advice.
Code of conduct & termination by us
- You must treat your coach and other participants with respect. Abuse, harassment, discrimination, dishonesty, or disruptive behaviour in the app or group is not tolerated.
- We may suspend or terminate your access (without refund beyond what the ACL or the Satisfaction / Transformation Guarantee requires) if you breach these Terms, behave abusively, repeatedly fail to pay, or act in a way that puts yourself or others at risk.
- We may also decline or end a coaching relationship if we reasonably believe a service is not appropriate for your health or circumstances.
Intellectual property
All content we provide — training programs, meal plans, recipe books, videos, Looms, templates, written material and the ACTIV8 by JT brand — is owned by us or our licensors and is provided to you under a personal, non-transferable, non-exclusive licence for your own use only. You must not copy, record, screenshot for redistribution, share, resell, publish or create derivative works from it without our written permission.
Third-party tools & platforms
We use third-party platforms to deliver the services, which may include Stripe (checkout/payments), Everfit (coaching app, onboarding and feedback forms), Google Sheets (meal plans), email and messaging tools, and social platforms. Your use of those platforms is subject to their own terms and privacy policies. We are not responsible for the availability, acts or omissions of third-party platforms, but we will take reasonable steps to choose reputable providers.
Photos, content & media consent
- Progress photos and data you upload are used to coach you, track progress and (for the Challenge) verify results.
- We will only use your photos, results or testimonials in marketing with your separate, express consent. Consent applies to uses already created, published, distributed or committed in accordance with that consent. A later request to stop new marketing use does not require us to recall, delete or remove material already lawfully published, distributed, printed, included in a completed or committed campaign, or retained as a legal, competition or consent record. We will stop new uses within a reasonable time where required by law. You can take part in the Challenge without agreeing to public marketing use; private verification photos remain required for judging.
Liability, assumption of risk & indemnity
- To the maximum extent permitted by law, and subject to the ACL and the Refunds & Australian Consumer Law section, we are not liable for any injury, illness, loss or damage arising from your participation, your food/exercise choices, your reliance on general guidance, or your failure to obtain medical clearance.
- You voluntarily assume the risks associated with exercise and dietary change.
- Where our liability cannot be excluded but can be limited, our total liability is limited, at our option, to re-supplying the relevant service or refunding the amount you paid for it.
- To the extent permitted by law, you agree to indemnify us against claims and losses arising from your breach of these Terms, your misuse of the services, or false information you provide.
Dispute resolution
Before starting any court proceedings about a dispute under these Terms, each party agrees to first try in good faith to resolve it, including by meeting (in person, by phone or by video) with a senior representative of the other party. This does not prevent either party from seeking urgent relief from a court.
Notices
Any notice under these Terms must be in writing. An email or in-app message is sufficient. A notice sent by email is taken to be received at the time of transmission, and a notice sent by post is taken to be received 48 hours after posting.
General
- (a) Waiver: a failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right.
- (b) Severance: if any provision of these Terms is found to be void, invalid or unenforceable, it is to be read down as narrowly as necessary, or severed, without affecting the remaining provisions.
- (c) Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations on reasonable notice.
- (d) Entire agreement: these Terms, together with the details shown at checkout and our Privacy Policy, contain the entire agreement between you and us and supersede any prior discussions or representations.
- (e) Relationship of parties: nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
Changes to these terms
We may update these Terms from time to time. The current version will be available on our website (activatebyjt.com.au) with its “last updated” date. Material changes affecting ongoing clients will be notified with reasonable notice. Continuing to use the services after changes take effect means you accept the updated Terms.
Governing law
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.
Acknowledgement (optional checkout line)
By purchasing or starting any ACTIV8 by JT service, I confirm I have read and agree to the Terms & Conditions and Privacy Policy, the information I have provided is true, and I understand the health and safety requirements, minimum term, billing, any expressly offered guarantee and, for ACTIV Women, the required cancellation feedback call that apply to my service.