PRODUCT DISCLOSURE STATEMENT FOR SERVICES WITH KAYLA CERDA COACHING AND CONDITIONS RELATING TO PARTICIPANT MEMBERSHIPS

By accessing or using the services provided by Kayla Cerda Coaching ("we," "us," or "our"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read them carefully before using our website, signing up for coaching, or purchasing any products or services.

You acknowledge that you have read and understood these Terms, our Disclaimer and Waiver, and any Quotes, if applicable, and agree to be bound by them, along with all our other policies.

1. SERVICES PROVIDED

a. Kayla Cerda Coaching offers the following services:

• Personalised 1-1 coaching services

• Online courses and memberships, including The Weapons Academy

• Training programs

• Downloadable resources such as eBooks, training programs, and nutrition guides

b. To access these services, you may need to create an account on our designated coaching platforms such as Everfit. You are responsible for keeping your account details secure and using them appropriately.

2. PAYMENT POLICY

a. We accept payments via Stripe or Newie for all services provided by Kayla Cerda Coaching.

b. Membership payments for The Weapons Academy may be billed weekly ($32.50/week), monthly ($130/month), or every 3 months ($360/quarter) depending on the selected plan at checkout. All billing options are subject to a 12-week minimum commitment.

c. For subscriptions, there may be a 2.9% surcharge and a 30c fee per transaction.

d. You agree to ensure that sufficient funds are available in your nominated account to meet any account withdrawals on their scheduled due dates.

e. All failed payments must be rectified in full within 7 days. Failure to rectify failed payments within 7 days will result in a dishonour fee of $10 per 7-day period until fulfilled. Repeated payment failures may result in termination of future services.

f. You are responsible for paying the full fees for the entire duration of your subscription or service. Failure to cancel or use the service does not entitle you to a refund.

g. All purchases of products and services are strictly non-refundable.

h. If a payment issue arises, you agree to contact admin@kaylacerdacoaching.com to resolve it.

i. We may at any time, at our discretion, adjust the cost of your membership or services at the end of your minimum commitment period. If this occurs, we will provide you at least 14 days’ notice in writing to your nominated email address. This will come into effect on your next billing cycle following the end of the notice period.

3. MEMBERSHIP AND SERVICE TERMS

a. "Membership" specifically refers to The Weapons Academy, a group-based online program that provides structured training programs, nutrition resources, and limited community support delivered via Everfit.

b. Personalised coaching services refer to our 1-1 coaching model with tailored training, nutrition, and coaching access.

c. Membership is for the paying party only and services may not be transferred or shared unless approved in writing by Kayla Cerda Coaching.

d. Minimum Commitment Term:

• The Weapons Academy requires a minimum term of 12 weeks.

• Personalised 1-1 coaching requires a minimum term of 16 weeks.

• Suspensions or cancellations are not permitted during this period.

4. SUSPENSION OF MEMBERSHIP AND SERVICES

a. Suspensions for The Weapons Academy are not available, unless due to serious illness, injury, or extenuating personal circumstances.

b. Suspension requests must be submitted in writing to admin@kaylacerdacoaching.com and will be assessed on a case-by-case basis.

c. If granted, billing may be paused for up to 4 weeks. Medical documentation may be requested.

d. Suspension requests during the 12-week minimum commitment period are not guaranteed and will only be approved under exceptional circumstances.

5. CANCELLATION OF MEMBERSHIP AND SERVICES

a. Cancellation requests must be given in writing to admin@kaylacerdacoaching.com.

b. For The Weapons Academy, cancellation requests require a minimum of 7 days’ notice after the 12-week minimum term has been completed.

c. For 1-1 Coaching, cancellation requests require a minimum of 2 weeks’ notice after the 16-week minimum term has been completed.

d. Your access to coaching services and platforms will end after the cancellation notice is fulfilled.

e. The cancellation notice period cannot be used concurrently with a suspension period.

f. We are understanding of extenuating circumstances and may waive the minimum term at our discretion. In such cases, you may be required to pay 50% of the remaining balance and provide documentation (e.g., a medical certificate).

6. INTELLECTUAL PROPERTY

a. All content provided by Kayla Cerda Coaching, including training programs, nutrition guides, eBooks, and other materials, is the exclusive property of Kayla Cerda Coaching.

b. You may not copy, distribute, alter, or use any content outside of the coaching services without prior written permission.

7. USER CONDUCT

a. You agree not to engage in harassment, illegal activity, or conduct that may harm the reputation of Kayla Cerda Coaching.

b. Violation of these terms may result in termination of your services and access.

8. LIMITATION OF LIABILITY

a. Physical Activity Disclaimer: Participation in physical activity carries inherent risks. You accept responsibility for your own health and agree to consult a medical professional before engaging in any fitness program. Kayla Cerda Coaching is not liable for injuries sustained during training.

b. Financial Waiver: All payment agreements are between you and Kayla Cerda Coaching. Disputes related to payments must be addressed directly with us.

c. All coaches under Kayla Cerda Coaching hold minimum qualifications (Certificate IV and Sports Nutrition Accreditation) and professional liability insurance.

d. Defamation: You agree not to defame Kayla Cerda Coaching due to lack of personal results. Achieving your goals requires personal responsibility and adherence to guidance provided.

9. DISPUTE RESOLUTION AND GOVERNING LAW

a. These Terms are governed by the laws of Australia.

b. Any disputes may be resolved through legal processes or alternative dispute resolution methods (e.g., arbitration, mediation).

10. CHANGES TO TERMS AND CONDITIONS

a. We reserve the right to update these Terms at any time. Changes will be communicated via email and updated on our website.

b. Updated Terms are effective immediately upon posting.

11. TERMINATION OF ACCESS

a. Kayla Cerda Coaching may terminate your access to the website, services, or membership at its discretion, including if you violate any Terms or fail to comply with payment requirements.

12. PRIVACY AND DATA COLLECTION

b. Your privacy is important to us. By using our services, you agree to our Privacy Policy, which outlines how your data is collected, stored, and used in accordance with applicable laws.

13. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at admin@kaylacerdacoaching.com during business hours, Monday to Friday, 9 AM - 5 PM (AEST).

Effective Date: November 28, 2024