1. Acceptance of Terms

These Terms and Conditions (“Agreement”) form a legally binding agreement between you (“Client” or “you”) and Momentum Dietetics (“we,” “us,” “our,” or “Business”). By enrolling in and participating in the Optimal Sports Nutrition program (the “Program”) offered by Momentum Dietetics ABN: 97 485 549 965 (the “Provider”), you (the “Client”) agree to be bound by these Terms and Conditions. If you do not agree, please do not proceed.

2. Services Provided

2.1 Program Description

The Provider agrees to provide the Client with optimal sports nutrition guidance and support services, which include:

• Personalised Nutrition Planning:
  • One (1) personalised sports nutrition plan tailored to your specific sport, training schedule, and goals
  • Up to two (2) nutrition plan adjustments to accommodate changes to your sports and/or exercise program during the 12-week block
• Consultations and Reviews:
  • One (1) initial consultation (30–45 minutes, online) for comprehensive assessment and Program induction
  • Two (2) monthly review consultations (30 minutes each, scheduled approximately once every 4 weeks) to assess progress and adjust strategies
• Ongoing Support and Accountability:
  • Six (6) fortnightly individual check-ins (15 minutes each) for progress monitoring, accountability, and troubleshooting
  • Twelve (12) weekly group nutrition coaching sessions (30 minutes each) providing education, motivation, and peer support
• Resources and Tools:
  • Nutritional education resources including sports nutrition education modules, recipes, grocery lists, nutrition AI prompts, and other relevant materials
  • 12 weeks of access to:
    • Online sports nutrition community forum and/or message group for peer support and shared learning
    • Sports nutrition tracking app (Trainerize, MyFitnessPal, Easy Diet Diary, or similar as nominated by the Provider)
    • Email and/or messaging support for questions and guidance
• Professional Support:
  • Evidence-based nutrition science and recommendations aligned with current sports nutrition research
  • Nutrition coaching support, accountability, and motivation tailored to your needs
  • Troubleshooting assistance to overcome challenges and optimise your Program outcomes
• Service Delivery:
  • All consultations and group sessions are delivered online via video conferencing platform. Specific platform details and access instructions will be provided upon enrollment.

2.2 Program Duration

Program duration requires a minimum commitment of 12 consecutive weeks and may be ongoing depending on client goals, needs, preferences, and professional advice. You agree to participate for the Program Duration.

2.3 Service Limitations

The services provided are for general nutritional guidance and educational purposes only. The Provider is not a medical doctor and does not provide medical advice, diagnosis, or treatment.

2.4 Technology Requirements and Client Responsibilities

Participation in the Program requires access to appropriate technology and internet connectivity. The Client is responsible for ensuring they have:

• Required Technology:
  • A reliable internet connection suitable for video consultations
  • A device (computer, tablet, or smartphone) with video and audio capability
  • Access to email for receiving Program communications and resources
  • Ability to download and use the specified Program app
  • Access to messaging platforms as specified by the Provider
• Client Technology Responsibilities:
  • Maintaining functional technology and internet access
  • Troubleshooting basic technology issues
  • Testing video conferencing connections before consultations
  • Notifying the Provider in advance of issues affecting attendance
• Provider Obligations:
  • Reasonable accommodations for technology issues
  • Providing clear instructions for online access
• Limitations:
  • Technology issues on the Client’s end do not entitle refunds or extensions
  • The Provider is not responsible for costs related to technology
  • If issues prevent participation in 2 or more consultations, the Client may be required to resolve issues before continuing

3. Client Responsibilities

3.1 Health Disclosure

The Client agrees to:

• Disclose all relevant health conditions, allergies, medications, and dietary restrictions
• Inform the Provider immediately of any changes to your health and personal status
• Consult with your medical practitioner before commencing the Program
• Obtain medical clearance if you have any pre-existing health conditions
• Ask questions and provide information to facilitate your own success in the Program

3.2 Participation Requirements

The Client agrees to:

• Communication and Engagement:
  • Actively participate in the Program and follow guidance provided to the best of your ability
  • Communicate openly and honestly with the Provider, including regular input, feedback, suggestions, or concerns
  • Respond to Provider communications within 2 business days where a response is required for Program adjustments or monitoring
  • Ask questions proactively to facilitate your own success in the Program
• Health and Safety Responsibilities:
  • Take full responsibility for your own health and wellbeing decisions
  • Implement recommendations at your own discretion and risk
  • Continue all prescribed medical treatments unless advised otherwise by your doctor
• Training and Competition Information:
  • Inform the Provider about any exercise program changes, including modifications to training volume, intensity, or competition schedules
  • Provide at least 4–6 weeks’ notice for upcoming competitions and events to allow for optimal sports nutrition adjustments
  • Understand that shorter notice periods (less than 4 weeks) may limit the Provider’s ability to deliver tailored competition nutrition strategies, though reasonable efforts will be made to accommodate your needs
• Attendance and Preparation:
  • Attend all scheduled nutrition consultations, group coaching sessions, and check-ins as outlined in section 2.1
  • Provide at least 24 hours’ notice if you need to reschedule a consultation
  • Prepare for all consultations and support services in a proactive manner (e.g., completing food diaries, tracking progress, preparing questions)
  • Understand that missed sessions without 24 hours’ notice will be forfeited and cannot be rescheduled

Failure to Meet Participation Requirements: Repeated failure to meet these participation requirements (including 3 or more missed consultations without notice) may result in termination of your Program participation under section 6.5, without refund.

4. Health and Safety Disclaimers

4.1 Medical Advice Disclaimer

Scope of Services: All nutrition guidance and recommendations provided by the Provider relate solely to potential health and performance benefits from evidence-based nutritional interventions within the Provider’s scope of practice as a qualified dietitian/nutritionist. Any matters beyond dietary and nutritional requirements may require consultation with the appropriate health professional for that specific area of expertise (e.g., medical doctors, physiotherapists, sports physicians, psychologists).

Not a Substitute for Medical Care: The nutrition guidance provided through this Program is not a substitute for professional medical advice, diagnosis, or treatment. The Client must:

• Consult their doctor or medical practitioner before commencing the Program and before making any significant dietary changes
• Seek immediate medical attention for any health concerns, symptoms, or adverse reactions
• Continue all prescribed medical treatments, medications, and therapies unless advised otherwise by their treating doctor
• Inform their doctor that they are participating in a sports nutrition program

Medical Clearance Required: If you have any of the following conditions, you must obtain written medical clearance from your doctor before commencing the Program:

• Cardiovascular disease or heart conditions
• Diabetes (Type 1 or Type 2)
• Kidney disease or impaired kidney function
• Liver disease
• Eating disorders or history of disordered eating
• Gastrointestinal disorders (e.g., Crohn’s disease, ulcerative colitis, IBS)
• Food allergies requiring emergency medication (e.g., EpiPen)
• Any condition requiring specialized dietary management
• Pregnancy or breastfeeding
• Any other serious or chronic health condition

Provider Qualifications and Professional Standing: The Provider:

• Holds appropriate qualifications as an Accredited Practising Dietitian / Accredited Nutritionist / Sports Dietitian / IBS Dietitian
• Maintains current registration/membership with Dietitians Australia / Sports Dietitians Australia / Ausactive
• Holds current professional indemnity insurance appropriate to the scope of services provided
• Engages in ongoing professional development to maintain current evidence-based practice standards

Referral to Other Professionals: The Provider reserves the right to:

• Refer you to your doctor or other health professionals if concerns arise during the Program
• Require medical clearance before continuing the Program if health concerns are identified
• Decline or discontinue services if the Provider determines your needs fall outside their scope of practice

4.2 Individual Results

Results from the Program will vary between individuals and depend on multiple factors including individual commitment, existing and possible future health conditions, and adherence to the Program, etc. The Provider makes no guarantees regarding:

• Body re-composition (e.g., weight loss or weight gain) outcomes
• Health improvements or specific results (e.g., reduction in chronic disease risk)
• Nutrition intervention performance benefits (e.g., improved time, speed, strength, stamina or agility)
• Timeframes for achieving goals (e.g., within x weeks of goal)

4.3 Allergies, Intolerances, and Food Safety

While the Provider will make reasonable efforts to accommodate disclosed allergies, intolerances, and dietary restrictions in your personalised nutrition plan, the Client remains solely and entirely responsible for:

• Accurately disclosing all known allergies, intolerances, and adverse food reactions during the initial consultation and immediately notifying the Provider of any new allergies or intolerances that develop during the Program
• Verifying all food ingredients, products, and supplements before consumption
• Reading all product labels, ingredient lists, and allergen warnings carefully
• Avoiding any foods, ingredients, or products you are allergic or intolerant to, regardless of whether they appear in your nutrition plan
• Cross-checking restaurant menus, packaged foods, and meal components for potential allergens
• Informing food service providers, restaurants, and caterers of your allergies when dining out
• Carrying appropriate emergency medication (e.g., EpiPen) if you have severe allergies

Provider Limitations: The Provider:

• Relies entirely on the accuracy and completeness of allergy information you provide
• Cannot guarantee that recommended foods or products are free from allergens, as manufacturing processes, cross-contamination, and product formulations may change
• Cannot verify the ingredient composition of third-party products, restaurant meals, or foods prepared by others
• Is not responsible for allergic reactions, adverse effects, or health consequences resulting from:
  • Undisclosed or incorrectly disclosed allergies or intolerances
  • Your failure to verify ingredients before consumption
  • Cross-contamination in food preparation or manufacturing
  • Changes to product formulations by manufacturers
  • Errors in product labeling by manufacturers or retailers

Liability Exclusion: To the maximum extent permitted by law, the Provider excludes all liability for any allergic reactions, adverse health effects, injuries, or damages arising from food allergies or intolerances, including those resulting from foods recommended in your nutrition plan. If you experience an allergic reaction or adverse effect:

• Seek immediate medical attention by calling 000 (in Australia) (or equivalent emergency number in your country) or attending your nearest emergency department
• Discontinue consumption of the suspected food or product immediately
• Inform the Provider of the incident as soon as it is safe and appropriate to do so

5. Payment Terms

5.1 Fees and Initial Commitment

• Program Fee: $1800 AUD per 12-week block
• Initial Commitment: Your initial enrollment fee covers one 12-week Program Duration block
• Payment Method: Credit Card, Debit Card, or Direct Debit
• Payment Timing: Payment is due in full upon enrollment before Program commencement

5.2 Automatic Renewal for Ongoing Participation

Unless you provide written cancellation notice as specified in section 5.3 below, your Program enrollment will automatically renew for successive 12-week blocks. By enrolling in the Program, you authorise Momentum Dietetics to:

• Automatically charge your nominated payment method on the last day of each 12-week block
• Process the then-current Program fee for the next 12-week block
• Continue this automatic renewal until you cancel in accordance with section 5.3

5.3 Cancellation of Automatic Renewal

To cancel your automatic renewal and cease participation after your current 12-week block:

• Provide written notice via email to: hello@momentumdietetics.com.au
• Notice must be received at least 14 days before the last day of your current 12-week block
• Your cancellation will take effect at the end of your current block
• You will retain full access to all Program services until the end of your current block
• No refund will be provided for your current block (subject to section 6.1)

Example: If your 12-week block ends on 31 March, you must provide cancellation notice by 17 March to avoid being charged for the next block.

5.4 Failed Payments for Renewal

• If an automatic renewal payment fails:
  • You will receive email notification within 24 hours
  • We will attempt to process the payment up to 2 additional times over the following 7 days
  • A late payment fee of $50 AUD will apply if payment remains outstanding after 7 days
  • If payment is not resolved within 14 days, we reserve the right to:
    • Suspend your access to all Program services
    • Terminate your Program participation
    • Pursue the outstanding amount owed

5.5 Payment Exceptions and Special Arrangements

The Provider may, at its sole discretion, offer modified payment terms including:

• Discounted rates for beta testing of new Program features or services
• Promotional pricing for limited enrollment periods
• Alternative payment arrangements (e.g., payment plans) in cases of demonstrated financial hardship
• Complimentary or reduced-fee participation for research, case study, or testimonial purposes

Any such arrangements must be requested in writing via email to hello@momentumdietetics.com.au and approved by the Provider in writing.

6. Cancellation and Refund Policy

6.1 Cooling-Off Period (Consumer Protection)

In accordance with Australian Consumer Law, you have a 10-day cooling-off period from the date of enrollment. During this cooling-off period, you may cancel your enrollment for any reason by providing written notice to hello@momentumdietetics.com.au.

Refund during cooling-off period:

• Full refund of the Program fee, minus a reasonable administration fee of $400 AUD to cover services such as the personalised sports nutrition plan, initial consultation and nutrition education resources and other nutrition services as group nutrition coaching and individual check-in opportunities.
• Refund will be processed within 14 business days of receiving your cancellation notice
• You must immediately cease using all Program materials and resources
• Access to the Program app, community forum, and materials will be revoked

6.2 Cancellation After Cooling-Off Period

After the 10-day cooling-off period expires, all payments are non-refundable except where required under Australian Consumer Law (see section 6.4 below). If you cancel after the cooling-off period:

• No refund will be provided for your current 12-week block
• You will retain full access to all Program services until the end of your current block
• Automatic renewal for the next block will be cancelled (if you provide 14 days’ notice as per section 5.3)
• All Program materials must be deleted and not used after your access period ends

6.3 Missed Sessions and Non-Participation

If you fail to attend scheduled consultations or do not actively participate in the Program:

• Missed consultations: If you miss a scheduled consultation without providing at least 24 hours’ notice, that session will be forfeited and cannot be rescheduled or refunded
• Non-participation: Failure to participate does not entitle you to a refund or extension of your Program duration
• Repeated breaches: If you miss 3 or more scheduled consultations without notice, the Provider may terminate your participation under section 6.5

6.4 Consumer Guarantees Under Australian Consumer Law

Nothing in these Terms and Conditions excludes your rights under the Australian Consumer Law, including your right to:

• A refund or remedy if we fail to provide services with due care and skill
• A refund if services are not fit for the purpose you informed us about
• A refund if services are not delivered within a reasonable time

If you believe we have failed to meet our obligations under Australian Consumer Law, please contact us immediately at hello@momentumdietetics.com.au to discuss a resolution.

6.5 Cancellation by Provider

The Provider reserves the right to immediately suspend or terminate your Program participation if:

• You breach these Terms and Conditions (including repeated missed consultations without notice)
• You provide false, misleading, or incomplete health information that creates safety concerns
• You behave inappropriately, disrespectfully, or abusively toward the Provider or other Program participants
• The Provider determines, in their professional judgment, that the Program is not suitable for your health needs or goals
• You fail to pay amounts owing after the timeframes specified in section 5.4

Refunds upon Provider-initiated cancellation:

Pro-rata refunds will be calculated based on the number of complete weeks remaining in your current 12-week block at the time of cancellation, minus any sessions already delivered.

7. Confidentiality and Privacy

7.1 Personal Information

The Provider will collect, use, and store the Client’s personal information in accordance with the Privacy Act 1988 (Cth) and the Provider’s Privacy Policy, available at https://momentumdietetics.com.au/legal/.

7.2 Health Information Confidentiality and Mandatory Disclosure

All health and nutritional information provided by the Client will be kept strictly confidential and stored securely in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

Exceptions to Confidentiality:

• Required by law: The Provider is legally obligated to disclose information to government agencies, regulatory bodies, or courts
• Written consent provided: You have provided explicit written consent for specific disclosure
• Prevention of serious harm: The Provider reasonably believes that disclosure is necessary to prevent or lessen a serious threat to:
  • Your life, health, or safety
  • Another person’s life, health, or safety
  • Public health or safety

Examples of Mandatory Disclosure Situations:

• You disclose information suggesting risk of self-harm or harm to others
• The Provider identifies signs of a serious eating disorder requiring immediate medical intervention
• The Provider becomes aware of child abuse or neglect (mandatory reporting obligations)
• A court order or subpoena requires disclosure
• Public health authorities require disclosure during disease outbreaks or public health emergencies

Your Rights: Where reasonably possible, the Provider will:

• Inform you before making any disclosure (unless doing so would increase the risk of harm)
• Limit disclosure to only the information necessary for the specific purpose
• Document the reasons for disclosure

You have the right to:

• Access your health information held by the Provider
• Request corrections to inaccurate information
• Request a copy of the Provider’s Privacy Policy
• Lodge a complaint with the Office of the Australian Information Commissioner if you believe your privacy has been breached

For full details on how we handle your personal and health information, please review our Privacy Policy at: https://momentumdietetics.com.au/legal/

7.3 Testimonials and Marketing

As of the date of these Terms, the use of client testimonials for health services is prohibited under Australian advertising regulations. Should regulations change, the Provider may request permission to use anonymised case studies or testimonials, subject to your written consent. The Client may decline or withdraw consent at any time.

8. Intellectual Property

8.1 Ownership

All Program materials, including meal plans, recipes, educational content, and resources, remain the intellectual property of the Provider.

8.2 Permitted Use of Program Materials

Personal Use License: The Client is granted a limited, non-exclusive, non-transferable license to use Program materials for their personal use only during and after their Program participation.

Permitted Activities:

• Use your personalised nutrition plan for your own dietary guidance
• Refer to educational materials and resources for your personal learning
• Keep digital or printed copies of your personalised nutrition plan for personal reference after the Program ends

Prohibited Activities:

• Reproduce, copy, duplicate, or distribute Program materials to any third parties
• Share your personalised nutrition plan with others
• Post, upload, or share Program materials on public platforms
• Use Program materials for commercial purposes
• Modify, adapt, create derivative works, or reverse-engineer any Program materials
• Remove, obscure, or alter any copyright notices, trademarks, or attribution from Program materials

Upon Program Termination or Expiration: When your Program participation ends, you must:

• Immediately cease accessing the online community forum, message groups, and sports nutrition app
• Stop attending group coaching sessions and using ongoing support services
• Discontinue use of any subscription-based resources or platforms provided as part of the Program
• Within 7 days: Delete all digital copies of general Program materials (education modules, recipes, grocery lists, group resources) from all your devices, cloud storage, and backup systems
• Destroy or return any physical Program materials provided (if applicable)

You may retain:

• Your personalised nutrition plan for your own reference and continued personal use only
• Personal notes you created during the Program
• Your own food diaries, progress tracking, and personal records

Materials you retain must:

• Be used for your personal reference only
• Not be shared, distributed, or disclosed to any third parties
• Not be used for any commercial purposes
• Not be modified or adapted to create new materials

Enforcement: Breach of these intellectual property terms may result in immediate termination of your Program participation without refund and legal action to protect the Provider’s intellectual property rights.

9. Liability and Indemnity

9.1 Limitation of Liability

To the maximum extent permitted by law, the Provider excludes all liability for:

• Any injury, illness, or adverse health outcomes arising from participation in the Program
• Any loss or damage resulting from reliance on nutrition guidance provided
• Indirect, consequential, or incidental damages

9.2 Consumer Guarantees

Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be lawfully excluded.

9.3 Indemnity

The Client agrees to indemnify and hold harmless the Provider from any claims, damages, or expenses arising from:

• The Client’s participation in the Program
• The Client’s failure to disclose relevant health information
• The Client’s breach of these Terms and Conditions

10. Program Modifications

10.1 Changes to Services

The Provider reserves the right to:

• Modify Program content, structure, or delivery methods
• Update these Terms and Conditions with reasonable notice
• Discontinue the Program with 30 days’ notice

10.2 Substitution

If the Provider is unable to deliver services due to illness or unforeseen circumstances, they may:

• Reschedule appointments or sessions
• Provide substitute practitioners where appropriate
• Extend the Program duration to accommodate missed sessions

10.3 Force Majeure and Unforeseen Circumstances

Neither party will be held liable for failure to perform their obligations under these Terms and Conditions due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters (floods, fires, earthquakes, severe weather events)
• Pandemics, epidemics, or public health emergencies
• Government restrictions, lockdowns, or regulatory changes
• Technology platform failures or internet infrastructure outages affecting service delivery
• Serious illness or incapacity of the Provider

Provider Response to Force Majeure Events:

• If a force majeure event prevents the Provider from delivering Program services, the Provider will notify affected Clients via email within 48 hours of becoming aware of the disruption
• Make reasonable efforts to provide alternative service delivery methods
• Extend the Program duration by the number of weeks affected by the disruption, at no additional cost

Client Options During Extended Disruptions:

• If a force majeure event prevents service delivery for more than 3 consecutive weeks, Clients may accept the Program extension and continue when services resume, OR request a pro-rata refund for the unused portion of their current 12-week block

Automatic Renewal During Force Majeure:

• If a force majeure event is ongoing at the time of automatic renewal, the renewal will be suspended until services resume, unless the Client opts to continue with alternative service delivery methods

11. Communication

11.1 Contact Methods

All official communications will be sent to the email address provided by the Client. The Client agrees to:

• Keep their contact information current
• Check emails regularly for Program updates
• Respond to Provider communications within 2 business days or as soon as reasonable so that any Program monitoring and adjustment can be made as necessary

11.2 Response Times and Communication Expectations

Provider Response Times:

• The Provider will endeavour to respond to Client enquiries, questions, requests for Program adjustments, or troubleshooting of issues within 2 business days during business hours.
• Business Hours: Monday to Friday (inclusive), 9:00 AM to 5:00 PM AEST/AEDT
• Excluded Periods: Response times may be extended during Australian public holidays, Provider annual leave periods, periods of unusually high enquiry volume, or unforeseen circumstances or emergencies

Response Time Clarifications:

• The 2-business-day timeframe is a target response time, not a guaranteed maximum
• “Response” means acknowledgment of your enquiry and either providing the requested information or advising when a more detailed response will be provided

Urgent Health Concerns – CRITICAL INFORMATION: The Provider’s response time commitments do NOT apply to urgent health or medical concerns. The Provider is a nutrition professional, not a medical doctor, and cannot provide emergency medical advice, diagnosis, or treatment. If you experience any of the following, do NOT wait for a response from the Provider:

• Severe allergic reactions or anaphylaxis
• Chest pain, difficulty breathing, or signs of heart problems
• Severe abdominal pain, persistent vomiting, or signs of dehydration
• Signs of eating disorders or disordered eating patterns
• Severe fatigue, dizziness, or fainting
• Any other symptoms causing serious concern
• Mental health crises or thoughts of self-harm

Immediate Actions Required:

• Life-threatening emergencies: Call 000 immediately (in Australia) (or equivalent emergency number in your country)
• Urgent medical concerns: Contact your doctor or attend your nearest hospital emergency department
• Mental health crises: Call Lifeline (13 11 14), Beyond Blue (1300 22 4636), or emergency services

After receiving appropriate medical care, please inform the Provider of the nature of the health issue, any medical advice or treatment you received, any changes to your health status, medications, or dietary requirements, and any modifications needed to your nutrition plan.

12. Dispute Resolution

12.1 Good Faith Negotiations

If a dispute arises, both parties agree to first attempt to resolve the matter through good faith negotiations.

12.2 Mediation

If negotiations are unsuccessful, the parties agree to participate in mediation before commencing legal proceedings.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions or agreements.

13.2 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.3 Governing Law

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

13.4 Assignment

The Client may not assign or transfer their rights under these Terms and Conditions without the Provider’s written consent.

13.5 Amendments to Terms and Conditions

Provider’s Right to Amend: We reserve the right to update, modify, or amend these Terms and Conditions at any time to reflect changes to Program structure, legal requirements, client protections, or business operations.

Notification of Changes: When we make changes:

• Minor changes will be posted on our website with an updated “Date of Terms” and “Version”
• Material changes (e.g., fees, refund policy) will be posted and emailed to active Clients at least 14 days before changes take effect

Your Options When Changes Occur: For minor changes, continued participation constitutes acceptance. For material changes, you will have 14 days from the date of email notification to review the changes and may cancel if you do not accept them.

14. Acknowledgement and Consent

By enrolling in the Program, the Client acknowledges that they have:

• Read and understood these Terms and Conditions
• Had the opportunity to seek independent legal advice
• Disclosed all relevant health information
• Obtained medical clearance where appropriate
• Agreed to be bound by these terms

Provider Details:

Momentum Dietetics
ABN: 97 485 549 965
Email: hello@momentumdietetics.com.au
Phone: +61 431 960 480
Address: 5 Westerman Close, Thornton, NSW, Australia
Date of Terms: 24 November 2025
Version: 1.2