RunCap Coaching and Strength / Mobility Programs Services Agreement
Effective Date: 04 October, 2025
1. Parties
This Agreement is made between:
RunCap Coaching (ABN: 64575483702), a provider of online running coaching and strength programs, located at 5 Hely St, Griffith, ACT 2603 (referred to as "the Provider", "we", "us", or "our"); and
Client (referred to as "the Client", "you", or "your").
2. Commencement
This Agreement commences on the date of your first booking, and continues until terminated in accordance with Section 13.
3. Recitals
The Provider offers online running coaching and strength programs, including virtual consultations, personalised running and strength training plans, performance tracking, and educational resources, delivered via secure digital platforms (e.g. video conferencing, mobile apps, or e-mail).
The Client wishes to engage the Provider for these services on the terms set out in this Agreement.
Both parties acknowledge that online services are subject to limitations and must comply with Australian laws, including Australian Consumer Law and industry standards for fitness services.
4. Definitions
In this Agreement:
"Business Day" means any day other than a Saturday, Sunday, or public holiday in the ACT.
"Services" means the online running coaching and strength/mobility programs, including virtual consultations, personalised training plans, performance feedback, and related educational resources.
"Telehealth" refers to the delivery of Services using audio-visual or digital technology where the Client and Provider are not physically co-located.
"Fees" means the charges for the Services as outlined in Schedule 1 or as agreed upon booking.
"Confidential Information" includes personal data, health information, training plans, and any information disclosed during the provision of Services.
5. Scope of Services
5.1 We agree to provide the Services with due care, skill, and in accordance with professional standards and Australian laws, including Fitness Australia guidelines where applicable.
5.2 The Services may include:
Coaching calls discussing advice and education (via WhatsApp).
Personalised running and strength and mobility training programs, delivered via the Final Surge app.
Performance tracking and feedback based on data you provide (e.g. via Final Surge, wearable devices).
Educational resources on running techniques, injury prevention, and nutrition advice (non-medical).
5.3 Limitations of Online Services:
Online coaching does not allow for hands-on assessments or physical corrections.
Services are not a substitute for medical advice or treatment. For medical concerns, consult a healthcare professional or contact emergency services (000 in Australia).
We cannot guarantee specific performance outcomes (e.g. race times, strength/mobility gains) due to individual variability and external factors.
Services require stable internet, a compatible device, and a safe environment for exercise.
5.4 Suitability: We may determine that online coaching is unsuitable for your needs (e.g. due to complex injuries) and recommend in-person coaching or referral to a healthcare provider.
6. Client Eligibility and Consent
6.1 By booking or using the Services, you consent to:
Receiving Services via online platforms.
The collection, use, and disclosure of your personal and health information in accordance with our Privacy Policy and the Privacy Act 2024 (Cth).
Potential recording of consultations (with prior notice and consent) for quality or documentation purposes.
The risks and limitations of online services, including technical issues and the inability to perform physical assessments.
6.2 You may withdraw consent at any time by notifying us in writing, which may result in termination of Services.
7. Client Obligations
7.1 You agree to:
Provide accurate, complete, and up-to-date information about your medical history, fitness level, injuries, goals, and any relevant details.
Follow training plans and instructions, reporting any discomfort, injuries, or adverse effects immediately.
Ensure a safe environment for consultations and exercises (e.g. private space, no hazards) and have necessary technology ready.
Not share training plans, videos, or advice with third parties without our consent.
Comply with all applicable laws and not use the Services for illegal purposes.
7.2 You acknowledge that we rely on the accuracy of your information, and incomplete or inaccurate data may affect the safety or effectiveness of Services.
8. Provider Obligations
8.1 We will:
Deliver Services with due care, skill, and in accordance with industry standards.
Maintain any required certifications (e.g. Fitness Australia registration, if applicable) and appropriate insurance.
Protect your privacy and secure data in accordance with our Privacy Policy.
Provide training plans or feedback in accordance to your product description.
Document consultations and seek feedback to improve service quality.
8.2 We reserve the right to refuse or terminate Services if they are unsuitable, unsafe, or if you breach this Agreement.
9. Fees and Payment
9.1 Fees are as specified on our website, booking confirmation, and are inclusive of GST (if applicable).
9.2 Payment is required in advance via bank transfer.
9.3 Rescheduling: Within 24 hours notice to reschedule without charge; otherwise, a fee of $50 applies, with the balance refunded.
9.4 Cancellations: Within 24 hours following sign up notice for a full refund; otherwise, no refund is provided.
9.5 No refunds for completed Services, no-shows, or failure to follow instructions.
10. Confidentiality and Privacy
10.1 We will handle your personal and health information in compliance with the Privacy Act 2024 (Cth), Australian Privacy Principles, and our Privacy Policy (available on our website).
10.2 You consent to us collecting, using, and disclosing your information as necessary for providing Services, billing, or legal requirements.
10.3 We use secure platforms for data transmission, but you acknowledge the risks of online services (e.g. potential data breaches).
11. Intellectual Property
All materials provided (e.g. training plans, videos, guides) are owned by us and licensed to you for personal, non-commercial use only. You must not reproduce, distribute, or commercialise them without our written consent.
12. Liability and Indemnity
12.1 To the extent permitted by law, including Australian Consumer Law, our liability is limited to resupplying the Services or refunding Fees paid.
12.2 We exclude liability for indirect, consequential, or incidental losses (e.g.loss of income, missed races) arising from the Services.
12.3 You indemnify us against claims arising from your breach of this Agreement, misuse of Services, or failure to follow safety instructions.
12.4 You acknowledge that running and strength/mobility exercises carry risks, and you participate at your own risk, ensuring you have medical clearance if necessary.
13. Termination
13.1 Either party may terminate this Agreement with 7 days written notice.
13.2 We may terminate immediately if you breach this Agreement, fail to follow safety instructions, or if continuing Services poses a risk.
13.3 Upon termination, outstanding Fees are payable, and obligations regarding confidentiality, intellectual property, and liability survive.
14. Dispute Resolution
14.1 Disputes must first be attempted to be resolved through good faith negotiation within 14 days.
14.2 If unresolved, disputes may be referred to mediation under the laws of ACT
15. Governing Law
This Agreement is governed by the laws of ACT and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of courts in that State/Territory.
16. General
16.1 Entire Agreement: This document, including any schedules, represents the entire agreement and supersedes prior understandings.
16.2 Amendments: We may amend this Agreement, the website will include the latest version; continued use constitutes acceptance.