Misfit Muscle Club
Terms & Conditions
Effective date: 31 October 2026
Introduction and acceptance
This website (https://www.misfitmuscleclub.com, the "Site") is owned and operated by Grace Elizabeth Sutcliffe trading as Misfit Muscle Club (ABN 65 641 709 068) ("Misfit Muscle Club", "MMC", "we", "us" or "our"). These Terms and Conditions ("Terms"), together with our Privacy Policy, apply to all Site visitors, subscribers, customers, clients and other users ("you" or "your"), and to our coaching services, social media channels and anything we sell or provide.
If you become a coaching client, you will also sign our Online Coaching Contract. If anything in these Terms conflicts with your signed Online Coaching Contract, your contract wins for that service.
By accessing the Site or our social media channels, or by buying or using our services, you confirm that you:
have read, understood and accepted these Terms
will comply with these Terms
are at least 18 years old and able to enter a legally binding contract (see "Age" below for the one exception)
You also accept these Terms when you click "Agree", "Accept", "Buy" or "Book", or sign up to a service. If you do not accept them, please do not use the Site or our services. If you are unsure about anything, contact us before you buy.
Changes to these Terms
We may update these Terms from time to time. Changes take effect when we post the revised version on the Site, and for existing clients, when we tell you in writing. Changes do not alter the fees or minimum term in a contract you have already signed, unless you agree. Continuing to use the Site or our services after a change means you accept it.
Our services
MMC provides online coaching, including tailored training programs, nutrition guidance, meal planning, supplement information, check-ins, support and related digital products such as recipe resources. Coaching is offered as Nutrition Only, Training Only or 1:1 Coaching (training and nutrition), as described at sign-up and in your Online Coaching Contract.
We design programs around the goals, fitness level, experience and information you give us. We may assign another MMC coach to you at our discretion.
Training may include fitness testing, resistance training, cardiovascular and aerobic conditioning, flexibility and stretching.
Not medical advice
Our services are fitness and nutrition coaching. They are not medical, dietetic or psychological advice, diagnosis or treatment, and they do not replace your doctor or other qualified health professional. MMC team members, including your coach, are not medical practitioners and do not prescribe medical treatment.
All advice is based on general, evidence-based principles of sports nutrition and training, within the scope of our qualifications and insurance. It is always subject to the overriding advice of your own health professional. Please see your doctor before starting or significantly changing your diet, supplements or exercise, especially if you have a medical condition, are pregnant or are taking medication.
Your medical history or medication use may limit what we can safely provide, and we may decline or end services where we believe coaching would be unsafe or inappropriate for you.
No guaranteed results
Results depend on many things, including your effort, consistency, health and circumstances. We do not guarantee any particular outcome. Testimonials, before-and-after photos and client stories show what can be possible and are not a promise that you will get the same results.
Your responsibilities
You are responsible for the choices you make about your diet, supplements and training. As a client, you agree to:
complete the Pre-Exercise Screening and Informed Consent honestly before you start
tell us about any medical or other condition, injury, allergy, intolerance, medication or treatment that could affect your ability to take part, now and any time it changes
see a doctor or qualified health professional before starting if you answer "Yes" to any screening question, or if you are unsure
give us accurate, complete and up-to-date information (we are not responsible for results affected by information that is wrong, incomplete or out of date)
stop exercising and get medical help if you feel unwell, and tell us
turn up to check-ins and consultations and follow your program. We are not responsible for missed goals caused by missed check-ins or not following the plan
You confirm that you are in good health, or have spoken to a health professional about any condition, before following any plan we give you.
Fees and payment
Fees are set out when you sign up and in your Online Coaching Contract. All prices are in Australian dollars (AUD) and include GST where applicable. Prices can change, but the price you pay is the one in force when you sign, and fee changes do not affect a signed contract during its minimum term.
Upfront payment. Your first payment of the first four weeks of coaching are due when you sign and must be received before programming starts. It is paid by direct deposit using the details in your Welcome Email.
Direct debit. After the first payment, ongoing fees are collected automatically by direct debit through our direct debit provider on the schedule in your contract. You authorise us to debit your nominated account.
Keep your account funded. Make sure there are enough funds on the debit date, or the next business day if it falls on a bank holiday or weekend.
Failed payments. If a payment fails, the direct debit provider's administration or dishonour fee may be added to your next debit, along with any arrears. We do not keep these fees as profit.
Late or missed payments. Failing to pay on time is a breach of an essential term. Unpaid fees can be recovered, including through a debt collection agency. You are liable for reasonable costs of recovery and interest at 6% per annum on overdue amounts. If you are struggling, tell us early and we will happily talk about alternatives. If three consecutive payments are missed and we have not heard from you, we may refer the debt to a collector without further notice.
Card payments. Where you pay by card, you confirm you are authorised to use it. We may cancel any order we suspect is fraudulent or unauthorised.
Service access. If you fail to pay or a payment is declined, we may suspend your access until the balance is paid.
Minimum term, cancellation, pausing and changes
The details of your term are in your Online Coaching Contract. In summary:
Minimum term. Coaching has a minimum commitment of 12 weeks from your start date. Results are not realistically achievable in a shorter period. If you end your coaching within the minimum term, the fees remaining for that period are still payable.
Ending coaching after the minimum term. After 12 weeks, coaching continues on an ongoing basis until either of us ends it by giving at least 14 days' written notice (email or written direct message is fine). Notice should be given before your next billing date, as debits continue until cancellation takes effect.
Pausing. You can ask in writing to pause for up to 4 weeks in any 6-month period. A pause does not count towards the minimum term, which resumes when coaching resumes. A pause can start from your next direct debit date.
Upgrading. You can upgrade from Nutrition Only or Training Only to 1:1 Coaching at any time, effective from the next available Monday, and we will send an amendment to confirm. You can swap between Nutrition Only and Training Only on the same terms.
Downgrading. After the minimum term, you can downgrade from 1:1 Coaching to Training Only or Nutrition Only with at least 14 days' written notice. You cannot downgrade during the minimum term.
Refunds. Payments for coaching services are non-refundable, including after your program has been designed. We may also end your coaching and refund unused fees where we decide that continuing would be unsafe or inappropriate for you.
Digital products. Recipe books, guides and other digital products are non-refundable once delivered, except as required by law.
Assumption of risk and liability
Exercise and nutrition changes carry risk. By taking part in MMC coaching you acknowledge and agree that:
participation is voluntary, including strenuous activity such as weight training and cardiovascular exercise, and you take part at your own risk
you accept the risks of nutrition, supplement and lifestyle changes, including injury, illness and, in rare cases, death
any supplement we mention is general information only. You should check suitability with your doctor or pharmacist, and we give no warranty about the quality, suitability or ingredients of any third-party product
you are responsible for getting medical advice about your fitness to participate
Our liability. To the fullest extent permitted by law, we are not liable for any loss, injury, illness or damage (including indirect or consequential loss, loss of income or opportunity, or future medical expenses) arising from your use of our services or Site, or from following or not following our advice, except where it is caused by our negligence or breach of these Terms. Our liability for a breach of any term that cannot be excluded is limited, where the law allows, to resupplying the service or paying the cost of having it resupplied.
Indemnity. To the extent permitted by law, you agree to cover us for any loss, claim or cost (including reasonable legal fees) made by a third party arising from your breach of these Terms or of the law.
Australian Consumer Law. Our services come with guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these Terms removes or limits those rights.
Site disclaimer. The Site is provided as is. We do not promise it will be uninterrupted, error-free or free of viruses or other harmful code, and information on the Site is general only.
Intellectual property
The Site and our services contain intellectual property owned by us or licensed to us, including programs, training and nutrition plans, recipes, meal plans, guides, logos, trade marks, designs, text, images, videos and software ("Content"). Using the Site or our services does not give you any rights in it.
Your training plans, nutrition plans and other knowledge we share with you are for your personal use only. You must not copy, share, sell, publish, distribute or otherwise exploit them, or any Content, without our written consent. We can revoke your access, without refund, if you breach this.
Social media content and photo consent
As a coaching client, you agree that photos, videos, screenshots of coaching data (such as check-ins and messages) and quotations created during your coaching may be used on social media, posters, seminars and websites associated with MMC to promote MMC and its coaches, as set out in your Online Coaching Contract.
You can withdraw this consent at any time by emailing us. We will stop using the content in new posts and remove it from places we control within a reasonable time, but we cannot recall content already shared or reshared by others.
Reviews, comments and testimonials
If you submit a review, comment or other content to the Site or our social media channels, you:
confirm you own it or have permission to use it, and that it is not unlawful or in breach of these Terms
give us permission to post and use it on our channels
waive any moral rights you have in it under the Copyright Act 1968 (Cth)
confirm you are at least 18
We can remove any comment or review that is unlawful, abusive, obscene, attacks another person, discloses personal information or is off topic. Views in user reviews and guest posts are not our views, and we are not liable for them. Testimonials on our Site show individual experiences for illustration only and do not represent or guarantee results.
Using the Site
Accounts. To buy or access some features you may need an account. Give us accurate information, keep it up to date, and keep your password secure. You are responsible for activity on your account. We can suspend or cancel an account if you breach these Terms or the law.
Prohibited use. You must not:
use the Site or Content for any unlawful purpose
hack, interfere with, deface or try to change the Site or its content
corrupt data, or try to affect the performance or functionality of the Site or any systems connected to it
infringe anyone else's rights
send spam or unsolicited promotional material
harass, abuse or threaten our team or other clients
Third-party products and links. We may mention third-party products (such as supplements or meal services) or link to other websites. This is for information only, not an endorsement, and we do not control or take responsibility for them. Affiliate or ambassador relationships, if any, will be disclosed.
Competitions. Competitions and giveaways are subject to these Terms and any specific terms published with them.
Information on the Site. Blog posts, product descriptions and social content are general information only and are not professional advice for your situation.
Ceasing the Site. We may change, suspend or discontinue the Site, or exclude any person from it, at any time. We are not liable for any loss caused by that, to the extent the law allows.
Privacy and confidentiality
These Terms include our Privacy Policy, which explains how we collect, use and protect your personal information, including health information. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information you share with us is kept confidential and is not shared without your consent, except where required or permitted by law or as set out in the Privacy Policy. We may use de-identified data for research, education or content.
Electronic communications and signatures
You agree to receive communications from us electronically, and that clicking "I agree", "I consent" or a similar option, or signing electronically, is as binding as a handwritten signature.
General
Entire agreement. These Terms, our Privacy Policy and your signed Online Coaching Contract (including its Assumption of Risk, Payment Terms and Informed Consent) are the whole agreement between us on this subject.
Severability. If a court finds part of these Terms unenforceable, that part is read down or removed to the extent necessary, and the rest continues.
Assignment. We may transfer our rights and obligations under these Terms. You may not transfer yours without our written consent.
Termination. We may end our agreement with you if you breach these Terms. Terms that are meant to continue (such as liability, intellectual property and payment of fees owing) survive ending.
Governing law and disputes
These Terms are governed by the laws of Victoria, Australia. If we have a dispute, please contact us first so we can try to resolve it in good faith. If we cannot, you and we submit to the courts of Victoria.
Contact
Grace Elizabeth Sutcliffe trading as Misfit Muscle Club, ABN 65 641 709 068, Victoria, Australia. Email: misfitmuscleclub@gmail.com