Contract 4 OSN DP Fortnightly – Momentum Dietetics

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
Three (3) monthly review consultations (30 minutes each, scheduled approximately once every 4 weeks) to assess progress and adjust strategies

Ongoing Support and Accountability:

Three (3) up to 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, 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 the client goals, needs, preferences, upon professional advice, etc. 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 (Trainerize, MyFitnessPal, Easy Diet Diary, or similar as nominated by the Provider)
Access to messaging platforms as specified by the Provider for check-ins and support

Client Technology Responsibilities: Maintaining functional technology and internet access throughout the Program duration Troubleshooting basic technology issues on their end Testing video conferencing connections before scheduled consultations Notifying the Provider in advance if technology issues will prevent attendance at a scheduled session Provider Obligations:

The Provider will make reasonable efforts to accommodate technology difficulties, including rescheduling consultations affected by Provider-side technical failures
The Provider will provide clear instructions for accessing online platforms and resources

Limitations:

Technology difficulties on the Client’s end (including internet outages, device failures, or inability to access platforms) do not entitle the Client to refunds, credits, or extensions of the Program duration
The Provider is not responsible for Client technology costs, including internet access, device purchases, or app subscription fees (where applicable)
If technology issues on the Client’s end prevent participation in 2 or more scheduled consultations, the Provider may require the Client to demonstrate resolution of technology issues before continuing the Program

3. CLIENT RESPONSIBILITIES

3.1 Health Disclosure

The Client agrees to:

Disclose all relevant health conditions, allergies, medications, and dietary restrictions, etc.
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 specialised 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: Client Responsibilities:

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 labelling 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

The Client agrees to pay the Program fees as outlined in their selected package: Program Fee: $2,650 AUD per 12-week block Payment Structure:

Downpayment: $490 AUD due upon enrollment before Program commencement
Fortnightly Payments: 6 fortnightly payments of $360 AUD each, commencing two weeks after the downpayment
Payment Method: Credit Card, Debit Card, or Direct Debit
Initial Commitment: Your initial enrollment fee covers one 12-week Program Duration block

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

Requirements for Special Arrangements: Any such arrangements must be:

Requested in writing via email to hello@momentumdietetics.com.au
Approved by the Provider in writing
Documented with specific terms, duration, conditions, and any obligations (e.g., providing feedback for beta testing)
Confirmed by both parties before taking effect

6. REFUND AND CANCELLATION POLICY

6.1 General Refund Policy

The downpayment of $490 AUD is non-refundable once the Program has commenced, except as required by Australian Consumer Law. Fortnightly payments already processed are non-refundable except in the circumstances outlined in sections 6.2 and 6.3 below.

6.2 Early Cancellation During a 12-Week Block

If you wish to cancel your participation during a current 12-week block: Provide written notice via email to hello@momentumdietetics.com.au Your access to Program services will cease at the end of the notice period Scheduled fortnightly payments will cease from the date

Optimal Sports Nutrition Program Terms and Conditions