TERMS & CONDITIONS
IMPORTANT LEGAL DISCLAIMER
Terms and Conditions for VIP Coaching with MASSTHETIX PTY LTD
The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - [More Information]
The ingredients used in our meal plans are based on the following food databases.
1. The Food and Nutrition Database for Dietary Studies (FNDDS) - [Reference]
2. The USDA National Nutrient Database for Standard Reference (SR) - [Reference]
Introduction
These Terms and Conditions govern your participation in the VIP Coaching program or any other training/nutrition plan delivered by MASSTHETIX PTY LTD ("MASSTHETIX," "we," or "us"). By enrolling in the VIP Coaching program or any other training/nutrition plan, you ("the Client" or "you") agree to comply with these Terms and Conditions. Please read them carefully before proceeding.
Program Information
The content, materials, and information provided in the VIP Coaching program or any other training/nutrition plan, including but not limited to training plans, nutrition guidance, and educational resources, are the intellectual property of MASSTHETIX and its director, Kyle Musca. They are intended for the exclusive use of the Client and must not be published, shared, copied, posted, or sold without prior approval from MASSTHETIX. Any violation of this provision will result in legal prosecution.
The information presented on the MASSTHETIX website (massthetix.com) and within the VIP Coaching program or any other training/nutrition plan is provided in good faith and for general informational purposes only. While we strive to ensure the accuracy, completeness, and reliability of the information, we make no warranties or guarantees regarding its accuracy or suitability for any particular purpose. Any action you take based on the information provided is at your own risk.
The views expressed in the VIP Coaching program or any other training/nutrition plan are solely those of MASSTHETIX and should not be construed as medical advice. If you have any health-related concerns or conditions, we strongly recommend seeking guidance from a qualified medical professional. MASSTHETIX assumes no liability for any damages, losses, injuries, illnesses, or other consequences resulting from the use of the program.
Assumption of Risk and Liability Waiver
The Client acknowledges and understands that participation in physical training and exercise programs, including those offered through the VIP Coaching program or any other training/nutrition plan, carries inherent risks. These risks include, but are not limited to, the risk of physical injury, illness, or other adverse health effects.
The Client voluntarily assumes all risks associated with participation in the VIP Coaching program or any other training/nutrition plan, including the use of any equipment, facilities, or materials provided. MASSTHETIX, its employees, trainers, and affiliates shall not be held liable for any injuries, illnesses, damages, losses, or other consequences that may arise as a result of the Client's participation in the program.
The Client agrees to release, indemnify, and hold harmless MASSTHETIX, its employees, trainers, and affiliates from any claims, demands, actions, liabilities, or expenses arising out of or in connection with the Client's participation in the VIP Coaching program or any other training/nutrition plan.
Minimum Sign-Up Duration
4.1. The VIP Coaching program requires a minimum sign-up commitment of 12 weeks or 6 months as agreed upon on before sign up and approval of T&C's and cannot be terminated, unless the outstanding balance is paid in full, unless discussed otherwise and documented in written form between the Client and MASSTHETIX.
Any due payments to Massthetix Coaching that are missed, or cancelled will be passed onto a third party, payment collection Service or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.
When you are looking to terminate your contract, AFTER the 3 OR 6 month agreement, a 30 day notice period is required, where all payments within that period will still be due in full unless agreed upon to void between client and trainer which needs to be in written form. To request cancellations, kindly reach out to Kyle directly via WhatsApp or mobile. If you're unable to use these platforms, please send an email to kyle@massthetix.com.
We recommend that all other plans (programs) have a minimum commitment of 12 weeks to see results, although this is not mandatory. To request cancellations for other programs, please send an email to support@massthetix.com. With all my other online services, there are no refunds once the payment has been successfully processed.
Guarantee of Results
MASSTHETIX offers a guarantee of results for clients who have followed all program guidelines and requirements. If, by the end of the minimum sign-up dura n of 12 weeks for the VIP Coaching program or any other training/nutrition plan, the Client has not achieved the desired results despite diligently adhering to the nutrition, training, data tracking, check-in, adherence, and compliance guidelines provided by MASSTHETIXtrainers, a full refund will be granted.
To qualify for the guarantee, the Client must fulfil the following conditions:
Log all training workouts on the app,
Must stick to your nutrition plan
Must communicate at least 3 x per week with your coach
Must complete and return checkin form and have all weekly data up to date before check in on their allocated day and time
Must log all progression data including weight progression minimum 3x a week, progression photos minimum 1x a week, log a minimum of 80% of their meals and must track all this data within the Massthetix App
If any of these conditions are not met then the guarantee will be void!
The guarantee of results does not apply if the Client has not fulfilled the above conditions or has failed to follow the program guidelines provided by MASSTHETIX.
In the event that the Client qualifies for a full refund based on the guarantee of results, MASSTHETIX will refund the total amount paid by the Client for the VIP Coaching program or any other training/nutrition plan within 30 days of receiving a written request for a refund.
Limitation of Liability
The Client acknowledges and agrees that MASSTHETIX, its employees, trainers, and affiliates shall not be held liable for any damages, losses, injuries, illnesses, or other consequences arising out of or in connection with the VIP Coaching program or any other training/nutrition plan, except in cases where liability cannot be limited or excluded by law.
In no event shall MASSTHETIX, its employees, trainers, or affiliates be liable to the Client or any third party for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, revenue, or data, arising from the Client's participation in the VIP Coaching program or any other training/nutrition plan.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which MASSTHETIX PTY LTD is registered.
Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction in which MASSTHETIX PTY LTD is registered.
Amendments
MASSTHETIX reserves the right to modify or amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the MASSTHETIX website (massthetix.com).
The Client's continued participation in the VIP Coaching program or any other training/nutrition plan after any modifications or amendments to these Terms and Conditions shall constitute acceptance of such modifications or amendments.
Entire Agreement
9.1. These Terms and Conditions constitute the entire agreement between the Client and MASSTHETIX regarding the VIP Coaching program or any other training/nutrition plan and supersede all prior agreements, understandings, or representations, whether writen or verbal.
By enrolling in the VIP Coaching program or any other training/nutrition plan, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.