Terms of Service

1. Definitions

For the purposes of these Terms:

• "Coach" or "Service Provider" means Nathan Fenton and authorised representatives of RunPowerCoach
• "Services" means marathon coaching, training guidance, consultation, and related coaching services
• "Digital Products" means books, lead magnets, course materials, training plans, and downloadable resources
• "Client" or "User" means the person purchasing services or digital products
• "Content" means any coaching materials, templates, frameworks, blog posts, or educational materials provided
• "Website" means www.runpowercoach.com and all associated pages

2. Scope of Services

RunPowerCoach Provides:

• Marathon coaching and competitive running training guidance
• Personalised training plans and coaching advice
• Digital coaching programs and educational courses
• Access to digital resources and lead magnets
• Email coaching support
• Blog content and educational materials
• Newsletter subscription services

RunPowerCoach Does NOT Provide:

• Medical diagnosis, treatment, or medical advice
• Nutritional therapy or meal planning services
• Physical therapy or medical rehabilitation
• Mental health counselling or therapy
• Guarantees of race results, performance times, or specific outcomes
• In-person personal training services

4. Assumption of Risk

By participating in coaching services, you acknowledge and agree that:

• You understand that marathon training involves inherent physical risks
• You voluntarily assume all risks associated with participating in training advised by RunPowerCoach
• You acknowledge that you are physically capable of participating in the training program
• You have consulted (or will consult) with a medical professional regarding your fitness to participate
• You will immediately notify the coach of any injuries, pain, or health changes
• You will not exceed safe physical limits and will use common sense in training
• You release and hold harmless RunPowerCoach and Nathan Fenton from any liability for injury, illness, or adverse events resulting from your participation

5. Client Responsibilities

As a client, you agree to:

• Take full responsibility for your own health and safety
• Follow coach guidance responsibly and with common sense
• Report any injuries, pain, or health changes immediately
• Maintain open communication about limitations or concerns
• Pay invoices on time according to payment terms
• Follow program guidelines and instructions as provided
• Not share access credentials if accessing digital platforms
• Not reproduce, share, or redistribute digital products or coaching materials
• Treat the coach and any community members with respect
• Provide accurate health and fitness information

6. Payment Terms

Pricing: Coaching services and digital products are priced as listed on the website at the time of purchase. All prices are in Australian Dollars (AUD) unless otherwise specified.

Payment Methods: We accept payment via Stripe and other approved payment processors. Credit cards and bank transfers may be accepted depending on the service.

Payment Due: Payments are due at the time of purchase for digital products. For coaching services, payments are due on the agreed billing date or as specified in your coaching agreement.

Automatic Renewal: If purchasing a recurring coaching program, payments will automatically renew on the specified date unless cancelled. You authorise recurring charges until you cancel. Cancellation must be requested at least 7 days before the next billing date to avoid being charged for the next period.

Late Payment: Overdue payments may result in suspension of services. Services will resume upon payment of outstanding balances.

Price Changes: RunPowerCoach reserves the right to change pricing with 30 days' notice. Current pricing remains locked for existing packages already purchased.

7. Refund & Cancellation Policy

30-Day Money-Back Guarantee: We offer a 30-day, no questions asked, full refund on all digital products and online coaching services. If you are not satisfied for any reason within 30 days of purchase, simply email nathan@runpowercoach.com with your refund request and we will process a full refund.

After 30 Days: Refunds are not available for digital products or coaching services purchased more than 30 days ago, as coaching has been delivered and digital products have been accessed. If a digital product fails to download or is corrupted at any time, we will provide a replacement or refund.

Cancellation: To cancel a recurring coaching program, you must provide written notice to nathan@runpowercoach.com at least 7 days before the next billing date. Cancellation is effective at the end of the current billing period; you remain responsible for the current period's fees. You may request a refund under the 30-day guarantee if within the 30-day window.

Consumer Rights: Nothing in this policy limits your rights under Australian Consumer Law. If a service or product is faulty, not fit for purpose, or does not match the description, you may be entitled to a refund or replacement regardless of the above terms.

8. Intellectual Property & Content

Ownership: All coaching materials, training plans, templates, frameworks, worksheets, videos, eBooks, blog posts, and digital content ("Content") are the intellectual property of RunPowerCoach and protected by copyright law.

License Grant: You are granted a limited, non-exclusive, non-transferable license to use the Content solely for your personal, non-commercial use.

Prohibited Uses: You may not:

• Reproduce, distribute, publicly display, or transmit the Content
• Share login credentials or access with others
• Upload Content to AI training tools, ChatGPT, or similar platforms
• Resell or commercially exploit the Content
• Create derivative works based on the Content
• Remove copyright notices or proprietary markings

Violations: Unauthorised reproduction or sharing of digital products or coaching materials may result in legal action, account termination, and liability for damages.

9. Confidentiality & Privacy

Coach's Obligations: RunPowerCoach maintains strict confidentiality of all personal information and coaching details shared during coaching relationships. Information shared in coaching sessions will not be disclosed to third parties without written consent, except as required by law.

Mandatory Disclosure: Confidentiality does not apply if the coach becomes aware of threats of harm to yourself or others, child abuse or neglect, or situations required to be reported by law. These will be reported to appropriate authorities.

Privacy: Information collected is used solely for coaching purposes, account management, and email communication. See our Privacy Policy for details on data collection, storage, and processing. We do not sell personal data to third parties.

Marketing Use: Testimonials, success stories, or case studies may be used for marketing with your consent. You may opt out of having your information used for marketing purposes at any time.

10. Limitation of Liability

To the fullest extent permitted by law, RunPowerCoach shall not be liable for:

• Any direct, indirect, incidental, special, consequential, or punitive damages
• Lost profits, lost revenue, lost data, or lost opportunity
• Injury or illness resulting from training or following coaching advice
• Failure to achieve results, race goals, or performance targets
• Any other damages arising from the use of coaching services or digital products, even if advised of the possibility of such damages

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability) and even if RunPowerCoach has been advised of the possibility of damages.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer rights under Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

11. Indemnification

You agree to indemnify and hold harmless RunPowerCoach, its coaches, employees, agents, and service providers from any claims, damages, losses, liabilities, or costs (including legal fees) arising from: your use of coaching services; your breach of these Terms; injuries or illness suffered during or after training; claims by third parties related to your actions; or your violation of any law or third-party rights.

12. Additional Disclaimers

Not Therapy: Coaching is not therapy and does not replace mental health counselling. If you experience depression, anxiety, or suicidal thoughts, please contact a mental health professional immediately.

Service Availability: RunPowerCoach provides the website and services "as is" without warranties of any kind. We do not guarantee continuous, uninterrupted, or error-free service.

Third-Party Content: External links and third-party resources are provided for convenience only. RunPowerCoach does not endorse and is not responsible for third-party content, products, or services.

Individual Results: Past client results, testimonials, or case studies do not guarantee your results. Your results will vary based on your individual circumstances, effort, and adherence.

13. Termination Rights

RunPowerCoach May Terminate If:

• You violate these Terms or any law
• You engage in abusive, threatening, or harassing behaviour
• You fail to pay invoices within the due date
• You share Content or coaching materials inappropriately
• You attempt to reverse charges or initiate chargebacks without valid reason
• This coaching relationship is not deemed to be productive

Your Right to Terminate: You may terminate coaching services at any time by providing written notice to nathan@runpowercoach.com. Termination is effective at the end of the current billing cycle for recurring services. Outstanding invoices remain due in full.

Effect of Termination: Upon termination, access to digital products and coaching will be revoked at the end of the current billing period. No refunds will be provided for the remainder of the current billing period. Any outstanding balances remain due in full.

14. User Conduct

Users may not:

• Harass, threaten, or abuse the coach or other users
• Share login credentials or access with unauthorised persons
• Copy, download, or reproduce coaching materials (except for personal use)
• Share digital products or coaching content on public forums or social media
• Use bots or automated tools to scrape website content
• Attempt fraudulent chargebacks or payment disputes
• Engage in any illegal activity

15. Third-Party Services

RunPowerCoach uses third-party services for payment processing (Stripe), email delivery, and website hosting. These services have their own terms and privacy policies. RunPowerCoach is not responsible for third-party service outages, data breaches, or failures. Any dispute regarding payment processing should be directed to the payment processor.

16. Modifications to Terms

RunPowerCoach reserves the right to modify these Terms at any time. Significant changes will be announced via email with at least 30 days' notice. Continued use of services after modifications constitutes acceptance of updated terms.

For services already purchased, modified terms will not take effect until the next renewal date. If you disagree with modifications, you may cancel services before the new terms take effect.

17. Governing Law & Dispute Resolution

Governing Law: These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Any legal action or proceeding arising from these Terms shall be subject to the exclusive jurisdiction of courts in Victoria, Australia.

Dispute Resolution: Before initiating legal action, please contact nathan@runpowercoach.com to attempt informal resolution. We are committed to resolving disputes amicably and in good faith.

18. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and RunPowerCoach regarding the use of services and digital products. These Terms supersede any prior agreements, understandings, or negotiations. No oral agreements or side agreements are valid unless in writing and signed by both parties.

20. Contact Information

For questions about these Terms of Service, please contact:

RunPowerCoach
Nathan Fenton
PO Box 1111
Windsor, VIC 3181
Australia

Email: nathan@runpowercoach.com