Terms & Conditions of Service

1. Agreement to Terms

These Terms and Conditions ("Agreement") govern all coaching services provided by Transformula Coaching ("Transformula", "we", "Coach"), operated by Ziad Hatem, to you ("Client").

By enrolling in any Transformula program, making any payment, accessing digital materials, completing any onboarding form, or signing any document, you confirm that you have read, understood, and agree to be bound by this Agreement in full.

If you do not agree to these Terms, you must not proceed with enrolment.

2. Services Provided

Transformula provides personalised online fitness and nutrition coaching services, including:

• Fully customised meal plans and nutritional programming
• Personalised training programs
• Weekly check-in reviews with personalised Loom video coach feedback
• Ongoing program adjustments based on weekly progress data
• WhatsApp communication access with the Coach
• Access to digital tools, resources, and performance tracking

All services are delivered exclusively online. All program materials are bespoke digital products created specifically for each Client.

3. Program Duration & Financial Commitment

Coaching programs are offered as structured 6-month or 12-month engagements. Enrolment constitutes a binding financial commitment to the full agreed program duration.

3.1 Payment Structures

Transformula offers flexible payment options to accommodate individual circumstances:

• Full upfront payment for the entire program
• Split payments (e.g. 2, 3, or 4 instalments over the program period)
• Monthly payment plans

IMPORTANT: Payment plans are a financial convenience only. A monthly payment plan does not create a month-by-month arrangement and does not grant the right to cancel at any time. The Client is financially committed to the full program fee for the full program duration, regardless of which payment structure is selected.

All outstanding instalments remain payable in full even if the Client ceases participation in the program. Failure to make scheduled payments does not release the Client from their financial obligation.

4. Program Onboarding & Delivery Timeframes

Following enrolment and completion of required onboarding steps:

• Meal Plan: Delivered within 48–72 hours of completing the nutrition onboarding form
• Training Program: Delivered within 48–72 hours of submitting training details and progress photos

4.1 Training Program Review Cycle

The training program is reviewed and updated on a cycle determined by the Coach:

• Minimum every 6 weeks — guaranteed regardless of current results
• Up to every 12 weeks — if the existing program continues to produce measurable progress

Clients may request training adjustments outside this cycle in cases of injury or significant physical concern. The Coach will assess and respond at the next available check-in.

5. Weekly Check-Ins & Coach Feedback

5.1 Check-In Process

Each Client is assigned a designated weekly check-in day. On that day, the Client must complete and submit the weekly check-in form and upload their required progress photos to the coaching platform.

The Coach will respond within 24 hours of receiving the completed submission, providing a personalised Loom video review of the Client's progress, feedback, and any program adjustments.

5.2 Missed Check-Ins

If a Client fails to submit their check-in form and progress photos on their designated day, they forfeit coach feedback for that week. The Coach is under no obligation to provide a review for a missed or late check-in.

Exceptions may be made at the Coach's discretion for valid circumstances, including travel, illness, health concerns, or significant personal matters. Clients should notify the Coach in advance where possible.

5.3 Check-In Compliance & Refund Eligibility

Check-in completion is a core requirement for refund eligibility. The Coach monitors workout completion and check-in history. Clients who have not completed their check-ins, uploaded progress photos, or followed the program as prescribed may not be eligible for a refund, regardless of how long they have been enrolled. See the Refund Policy for full details.

5.4 Program Adjustments

All meal plan and training program changes are made on the weekly check-in day. Clients should raise any concerns or adjustment requests via their check-in form or via WhatsApp ahead of their check-in.

The Coach may, at their sole discretion, make changes at other times as a courtesy. This does not constitute an ongoing obligation to provide out-of-cycle adjustments.

6. Communication Standards

6.1 WhatsApp Access & Response Times

Clients have access to the Coach via WhatsApp at any time. Clients should expect a response within 48 hours. The Coach is not required to be immediately available at all times.

6.2 Client Responsibility to Communicate

The Client is responsible for their own progress and for proactively communicating with the Coach. The Coach does not initiate routine check-up messages between check-ins. If you have a concern, difficulty, or dissatisfaction with the plan — you must message your Coach promptly and allow them the opportunity to resolve it. Failure to do so may affect refund eligibility.

The Coach's primary structured obligation is the weekly check-in review. WhatsApp access is provided to support the Client, but the initiative to use it lies with the Client.

6.3 Timely Communication of Issues

Clients must raise any dissatisfaction, concern, or difficulty with the program as soon as it arises and allow the Coach a reasonable opportunity to make adjustments before seeking a cancellation or refund. Raising concerns for the first time at the point of requesting a refund, without having previously communicated them, does not establish eligibility for a refund.

7. Program Pause

If a Client needs to temporarily pause their program due to valid personal circumstances (e.g. overseas travel, medical issues, significant family matters), they may apply to pause for a maximum of four (4) months total across the program duration.

During a pause period:

• Weekly check-ins are suspended
• Meal plan changes are suspended
• Training program updates are suspended
• Access to the training app may be maintained at the Coach's discretion
• WhatsApp communication remains available

A pause is not a cancellation. The remaining program resumes once the pause period ends. Pauses exceeding four cumulative months are not available; the program will resume at the four-month mark regardless.

8. Refund Policy

Transformula offers a structured, results-based refund policy. A standalone Refund Policy document is available on the Transformula website. Key principles are summarised here.

8.1 Program Cost Retention — Non-Refundable Portion

If a Client requests a refund and does not meet the conditions for a full refund (see Section 8.2), a fixed amount of AUD $1,000 (or USD $1,000 for US Clients) will be retained from the total program cost paid. This amount is not refundable.

This retained amount covers the time, expertise, and resources invested by the Coach in:

• Creating the Client's fully customised meal plan, including all macro and caloric calculations
• Designing the personalised training program
• Adding the Client to all coaching systems and platforms
• Conducting the initial consultation and goal-setting process
• All administrative and setup work completed upon enrolment

The remaining balance of program fees paid (after deducting the AUD/USD $1,000 retained amount) may be refunded subject to the conditions outlined in the Refund Policy.

This retained amount applies whenever a full refund is not achieved. It is not a separate or additional charge — it is a portion of the program cost already paid that is kept to reflect the initial work completed.

Service is considered delivered once the Client has been granted access to their program materials — including the customised meal plan and personalised training program. From this point, the service is deemed to have commenced and the corresponding value of the AUD $1,000 retained portion of the program cost is immediately earned and non-refundable.

Unused program time does not entitle the Client to a refund. If a Client fails to engage with check-ins, does not complete workouts, or otherwise does not use the program, this does not constitute grounds for a refund. Refund eligibility is based on demonstrated compliance with the program — not on the extent to which the Client chose to use the service.

8.2 Full Refund Eligibility — 12-Week & 24-Week Milestones

A Client may be eligible for a full refund of all program fees paid (with no amount retained) only if they satisfy all of the following:

• They have completed a minimum of 12 continuous weeks on the program and can demonstrate full compliance throughout
• They have completed all weekly check-in forms on their designated day
• They have uploaded progress photos to the coaching platform consistently
• They have attended to all prescribed workouts as directed by the Coach
• They have followed the prescribed meal plan, eating as directed
• They have communicated all concerns, difficulties, and dissatisfaction to the Coach in a timely manner and allowed adjustments to be made
• They have not achieved the results within the agreed range discussed at the initial consultation
• They have not expressed satisfaction with their results at or before the 12-week mark
• They have participated in a mandatory resolution call with the Coach before the refund is processed

At the 24-week milestone, the same conditions apply for the weeks 12–24 period, and the eligible refund is 50% of the program fees for that period. Full details are in the Refund Policy document.

8.3 Weeks 4–12: Partial Refund

A Client who has completed at least four (4) weeks on the program, can demonstrate compliance for that period, and has not seen satisfactory progress may be eligible for a partial refund of AUD $500 (or USD equivalent) from the retained amount.

8.4 Mandatory Resolution Call

Before any refund or cancellation is processed, the Client must participate in a resolution call (Zoom or phone) with the Coach. Refusal to participate in this call forfeits all refund rights, including return of any program fees beyond the retained amount.

9. Client Responsibilities

To maintain program eligibility and protect refund entitlements, the Client agrees to:

• Follow the prescribed meal plan and training program consistently
• Submit all weekly check-in forms and progress photos on time
• Complete all prescribed workouts as directed by the Coach
• Proactively communicate any concerns, difficulties, or dissatisfaction to the Coach promptly
• Allow the Coach a reasonable opportunity to address issues before seeking cancellation
• Attend resolution calls when requested by Transformula
• Provide honest and accurate information throughout the program

10. Coach Responsibilities

Transformula commits to:

• Delivering personalised program materials within the agreed timeframes
• Responding to completed check-in forms within 24 hours with a Loom video review
• Responding to WhatsApp messages within 48 hours
• Making reasonable program adjustments when concerns are raised by the Client
• Acting in the Client's best interest throughout the coaching relationship

Note: The Coach's primary structured obligation is the weekly check-in review. Responses outside check-in days or outside business hours are provided as a courtesy and do not constitute a standard of service or an ongoing obligation.

11. Health, Injury & Medical Liability

11.1 Not Medical Advice

Transformula coaching is for general fitness, nutrition, and lifestyle improvement only. Nothing provided constitutes medical advice, diagnosis, or treatment. Clients with existing health conditions should consult a qualified medical professional before commencing.

Results are not guaranteed. Individual outcomes depend on the Client's level of compliance, consistency of effort, adherence to the program, and external factors outside the Coach's control including lifestyle, sleep, stress, and medical conditions. Transformula commits to delivering a high-quality, personalised service — but cannot guarantee specific results for any individual Client.

11.2 Injury Disclaimer

The Client accepts full personal responsibility for their conduct during training. The Coach provides programming, technique guidance, and progressive load recommendations. However, the Client is solely responsible for:

• Selecting appropriate weights and loads for their current ability
• Executing exercises with proper form as instructed
• Starting at a suitable level and progressing cautiously
• Not exceeding safe physical limits
• Seeking immediate medical attention if an injury occurs

Transformula accepts no liability for any injury sustained during or arising from the Client's participation in the training program, regardless of whether the Client was following the prescribed program at the time.

11.3 Nutrition & Medical Disclaimer

The Coach will make reasonable efforts to accommodate all dietary restrictions, allergies, and digestive sensitivities communicated by the Client. As individual physiological responses to nutrition vary, Transformula accepts no liability for any adverse health outcomes arising from the meal plan. The Coach's obligation is limited to making adjustments when issues are raised by the Client.

12. Intellectual Property

All coaching materials — including meal plans, training programs, check-in forms, Loom video reviews, templates, and digital content — are the intellectual property of Transformula Coaching.

Clients may not copy, share, distribute, resell, or otherwise reproduce any materials without prior written consent from Transformula. App access and digital tools are personal to the Client and non-transferable.

13. Chargeback Protection

By enrolling in a Transformula program and making payment, the Client explicitly agrees not to initiate a chargeback, payment dispute, or reversal with their bank, credit card provider, or payment processor without first contacting Transformula directly and allowing Transformula a minimum of five (5) business days to respond and attempt resolution.

A chargeback initiated without following this process constitutes a breach of this Agreement. In the event of an unauthorised chargeback, Transformula reserves the right to:

• Dispute the chargeback with supporting documentation, including this Agreement, communications records, and proof of service delivery
• Pursue recovery of the full disputed amount plus any chargeback fees, administration costs, and legal costs incurred
• Immediately terminate access to all coaching services, platforms, and digital materials without refund
• Report the matter to relevant consumer protection authorities and pursue civil remedies where applicable

By proceeding with payment, the Client acknowledges and accepts this chargeback policy in full. The Client's remedy for any dispute with Transformula is the refund and resolution process set out in this Agreement — not a bank chargeback.

14. Digital Service Acknowledgement & Cooling-Off Waiver

Transformula provides an online coaching service that includes the immediate delivery of bespoke digital products — specifically, a fully customised meal plan and personalised training program — upon or shortly after enrolment. The Client expressly acknowledges and agrees to the following:

• The service is entirely digital and online in nature
• Digital program materials (meal plan and training program) are created and delivered within 48–72 hours of enrolment, making them immediately available to the Client
• By requesting and consenting to the immediate commencement and delivery of the service, the Client expressly waives any applicable cooling-off period or statutory cancellation right that may otherwise apply under Australian Consumer Law or any other applicable legislation
• The Client understands that once digital program materials have been delivered, they cannot be returned, and the AUD $1,000 portion of the program cost is retained in accordance with the Refund Policy
• This waiver is given freely and with full understanding of its effect

Note: Australian Consumer Law provides certain guarantees that cannot be excluded. Nothing in this Agreement limits any rights the Client may have under the Australian Consumer Law where those rights cannot be lawfully excluded. This clause operates to the fullest extent permitted by law.

15. Binding Agreement & Confirmation of Acceptance

This Agreement is legally binding on both parties from the moment the Client takes any one of the following actions:

• Makes any payment (full or partial instalment) toward a Transformula coaching program
• Submits a completed onboarding form or intake questionnaire
• Accesses, downloads, or uses any program materials or digital tools provided by Transformula
• Signs a DocuSign agreement or any other written or electronic contract presented by Transformula
• Ticks a checkbox or otherwise digitally acknowledges acceptance of these Terms on any Transformula webpage, form, or platform

The Client acknowledges that they have had a full and reasonable opportunity to read and understand these Terms before taking any of the above actions. The Client cannot later claim ignorance of these Terms on the basis that they did not read them.

Where a DocuSign contract or written agreement is presented to the Client at the time of enrolment, that signed agreement constitutes the primary binding document. These Terms and Conditions apply in full alongside any such contract and are incorporated by reference into it.

DECLARATION: By proceeding with enrolment, I confirm that I have read, understood, and agree to be legally bound by these Terms and Conditions in full, including the Refund Policy, the Chargeback Protection clause, and the Digital Service Acknowledgement.

16. Governing Law

This Agreement is governed by the laws of Western Australia, Australia. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia. International Clients agree to submit to this jurisdiction.

17. Amendments

Transformula reserves the right to update these Terms at any time. The current version will be published at transformula.com.au. Continued participation following an update constitutes acceptance of the revised Terms.

18. Contact

By enrolling in a Transformula program, you confirm you have read, understood, and agree to be bound by these Terms and Conditions.