Parties

This Agreement is made between:

(1) Nicholas Mirow, trading as Nick Mirow Coaching (ABN 69 748 436 102), of Annandale NSW 2038 (“NMC”, “the Coach”); and

(2) the person who accepts this Agreement under clause 27, or who is named in the signature block at the end of this Agreement where a signed hard copy is used ("the Client").

Where the person receiving the Services is under 18 years of age, the parent or guardian who accepts this Agreement ("the Guardian") is the contracting party, and references to "the Client" include the Guardian where the context requires. Clause 20 (Minor Clients) and the Parental Consent Form apply.

1. Definitions and interpretation

1.1 In this Agreement:

“ACL” means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

“Baseline Fee” means the one-time fee for the Baseline tier set out in Schedule 1.

“the Baseline tier” means the self-serve programme service (available in 16 or 24-week durations) described in Schedule 1.

“the shared block calendar” means NMC’s single annual calendar of thirteen consecutive four-week blocks, against which all Coaching tier renewal, rebuild, and retest work is scheduled, as described in clause 3.

“Coaching tier” means the Guided Coaching tier, the Online Coaching tier, or the Personal Coaching tier.

“the Consent Form” means the NMC Health & Performance Data Consent Form provided to the Client at onboarding, which includes the Client’s consent to NMC’s use of AI tools as a drafting and analysis aid.

“Session Credit” means a credit for one in-person session, created where a scheduled session is not delivered as set out in clause 11, redeemable while the engagement is active and otherwise dealt with under clause 11.

“the Disclaimer” means the NMC scope-of-services disclaimer, set out at clause 17 and also provided as a standalone document.

“the Guided Coaching tier” means the Coaching tier service described in Schedule 1 that is delivered without video analysis or scheduled calls.

“the Minor” means a person under 18 years of age receiving the Services.

“the Parental Consent Form” means the NMC Parental Consent Form for Minor clients.

“the Privacy Policy” means the NMC Privacy Policy provided to the Client and published on the NMC website.

“Programme Fee” means the one-time fee for the Programme tier set out in Schedule 1.

“the Programme tier” means the self-directed programme service described in Schedule 1.

“Renewal Block” means each rolling four-week Coaching tier block, billed at the rate in Schedule 1, beginning with the first block of coaching from the Start Date. Where the Start Date falls part-way through a block on the shared block calendar, the first period is a partial period charged pro-rata under clause 3.3, and a reference in this Agreement to a Renewal Block includes that partial first period unless stated otherwise.

“the Services” means the coaching and programme services for the tier selected by the Client (and, for Baseline and Programme, the duration selected), as set out in Schedule 1.

“the Full Assessment Fee” means the one-time fee for the Full Assessment, set out in Schedule 1, optional on Guided Coaching and Online Coaching and required on Personal Coaching, covering the intake and review, the testing analysis and profiling, Consultation 1, the macro design, and Consultation 2. The Full Assessment Fee does not cover any weeks of coaching; coaching is billed separately as Renewal Blocks. Where a Client does not elect the Full Assessment, no such fee is payable.

“the intake and review” means NMC's own analysis of the Client's Athlete Intake, Erg Testing Battery and Strength and Mobility submissions, which forms the basis of Consultation 1.

“the macro design” means the initial periodised macro plan covering the Client's longer-range training horizon, presented and confirmed at Consultation 2.

“the Start Date” means the date on which acceptance under clause 27 is complete, being the date from which coaching begins, as set out in clause 3.2.

“the Waiver” means the NMC Risk Warning and Liability Waiver (a standalone document, signed alongside this Agreement as Schedule 2).

1.2 A reference to a clause or Schedule is a reference to a clause of, or Schedule to, this Agreement. The Schedules form part of this Agreement.

1.3 Headings are for convenience only and do not affect interpretation.

2. Services

2.1 NMC will provide the Client with the following Services:

Selected tier: [ ] Baseline [ ] Programme [ ] Guided Coaching [ ] Online Coaching [ ] Personal Coaching

Nominated programme duration (Baseline and Programme only): [ ] 16 weeks [ ] 24 weeks

The Coaching tiers (Guided Coaching, Online Coaching, Personal Coaching) are rolling subscriptions with no nominated duration, they continue block to block until cancelled under clause 9.

2.2 The Services comprise the deliverables set out in Schedule 1 for the tier (and, for Baseline and Programme, the duration) selected.

2.3 The Services do not include:

(a) services described in a tier other than the one selected;

(b) major programme redesigns (quoted separately at $90 per hour where requested, see clause 13.4);

(c) race-day or event support (quoted separately); or

(d) any service not expressly listed in Schedule 1.

2.4 NMC provides the Services with due care and skill. The nature and limits of the Services are described in the Disclaimer (clause 17), which forms part of this Agreement.

3. Commencement and duration

3.1 Every engagement begins the same way: the Client submits an enquiry (or contacts NMC directly), and NMC and the Client have a short introductory call, normally about fifteen minutes by Google Meet, to establish whether the engagement is a good fit and which tier and entry route suit the Client. NMC then directs the Client to the appropriate tier, and the Client pays for it. No contract is formed by the enquiry or the call (see clause 27).

3.1A For Coaching tiers, the Client chooses one of two entry routes. On both routes the engagement proceeds identically at the outset: (a) the Client accepts the documents and pays under clause 27; (b) the Client completes the Athlete Intake form; and (c) NMC builds the first block from the Athlete Intake and the Client's enquiry data, and coaching begins without waiting for any further testing or analysis. Where the Client elects the Full Assessment, the Full Assessment Fee is payable at the same time as the first block under clause 4, and the assessment work is carried out during the Client's first block, alongside coaching, in the sequence set out in clause 3.1B. Where the Client does not elect the Full Assessment, no Full Assessment Fee is payable and no formal assessment work is carried out. NMC instead programmes from the training data that accumulates across the Client's blocks, read into each subsequent rebuild. No testing battery, strength and mobility screen, written analysis or consultation forms part of that route. The Full Assessment is optional on Guided Coaching and Online Coaching, and is required on Personal Coaching.

3.1B Where the Client elects the Full Assessment, it is delivered during the Client's first block in the following sequence: (a) the Client completes the Erg Testing Battery and the Strength and Mobility screen; (b) NMC carries out the intake and review; (c) Consultation 1, at which NMC presents its findings and the recommended direction, and the parties agree the direction of the engagement; (d) NMC prepares the macro design; and (e) Consultation 2, a live walkthrough at which the macro design is presented and confirmed. Each subsequent Renewal Block is built against the macro design. On Personal Coaching, the Client may elect to complete the testing at (a) within their weekly in-person sessions, supervised by NMC in person, or to complete it in their own time and use those sessions for other coaching. NMC will accommodate the supervised option where timing and location reasonably allow.

3.2 The Start Date is the date on which acceptance under clause 27 is complete. Coaching begins from the Start Date. On the Coaching tiers, NMC will deliver the Client's first block into TrainingPeaks within 7 days of receiving their complete Athlete Intake. On the Baseline tier, NMC will deliver the programme within 7 days of receiving the completed Baseline Setup form. On the Programme tier, where delivery follows testing, analysis and a consultation, NMC will deliver the programme within 14 days of the consultation at which its direction is agreed. Where the Client delays submitting it, the block continues to run and no refund arises in respect of that delay, because NMC remains available to the Client throughout. NMC may, at its sole discretion and as a goodwill measure, move a Start Date forward where the Client has a genuine reason for the delay; the Client is not entitled to require it.

3.3 All Coaching tier clients run on the shared block calendar (thirteen four-week blocks per year); Clients do not run individual join-date cycles. Where the Start Date falls part-way through a block, the partial period to the next boundary is charged pro-rata at (Renewal Block fee ÷ 28) × the number of days in that partial period, and confirmed to the Client in writing before payment, whether by NMC directly, or by the itemised checkout which states the number of days, the dates they cover and the amount, and which the Client reviews before paying. The Client's first full Renewal Block then begins at the next boundary. Where that partial period is shorter than the billing and notice lead times in clauses 8 and 9, NMC confirms the date of the first full Renewal Block charge to the Client in writing at acceptance.

3.4 For Baseline and Programme tiers, the nominated duration (16 or 24 weeks) sets the scope of the programme. For Coaching tiers there is no nominated duration; the programme is designed to a starting horizon and adapted every block. No tier carries a minimum term or lock-in. For the Coaching tiers, the Client may stop at any time, giving at least 7 days' notice before the end of the current block, in accordance with clause 9; Baseline and Programme are one-off engagements with no Renewal Block and no notice period to give.

3.5 If the Client does not provide the complete intake data NMC needs within 30 days of the Start Date, the engagement closes. For the Baseline and Programme tiers, where NMC has not begun programme design work, NMC refunds the fee paid in full within 10 business days; where NMC has begun but not completed the work, NMC refunds the portion attributable to work not yet delivered, calculated in accordance with clause 6. For the Coaching tiers, Renewal Blocks that have already run are not refunded (clause 6.5), any Full Assessment components not yet delivered are refunded under clause 6.6, and NMC cancels the Stripe subscription at that point so that no further Renewal Block is charged. In either case, the Client may instead elect, by written notice within 30 days of the engagement closing, to hold the refundable amount as a credit against future Services, redeemable within 12 months of that date. Electing a credit is entirely at the Client's option and is never imposed; the Client may always take the refund instead.

4. Fees and payment

Baseline and Programme tiers

4.1 The Baseline Fee or Programme Fee for the selected duration is set out in Schedule 1 and is payable in full before any work begins.

Coaching tiers (Guided Coaching, Online Coaching, Personal Coaching)

4.2 Fees for the Coaching tiers have two components, the Full Assessment Fee and the Renewal Block fee, each set out in Schedule 1. The Full Assessment Fee is a flat amount, identical across all three Coaching tiers. It is optional on Guided Coaching and Online Coaching, where the Client may instead begin directly on Renewal Blocks, and is required on Personal Coaching.

4.3 The Full Assessment Fee covers the intake and review, the testing analysis and profiling, Consultation 1, the macro design, and Consultation 2. Where the Client elects it, it is payable at acceptance, together with the first block charge under clause 4.4. The Full Assessment Fee does not cover any weeks of coaching. Where the Client does not elect the Full Assessment, none of that work is carried out and no such fee is payable; the first block is built from the Client's Athlete Intake and enquiry data instead.

4.4 Coaching is delivered in Renewal Blocks at the rate set out in Schedule 1, beginning from the Start Date. Where the Start Date falls part-way through a block, that partial period is charged under clause 3.3. All amounts due at acceptance, being the Full Assessment Fee where the Client has elected it and the first block or partial-block charge, are collected together as a single payment. Subsequent Renewal Blocks are billed as described in clause 8.

4.5 No Full Assessment Fee applies where a Programme tier client upgrades to a Coaching tier (see clause 14.2), as that work is already complete and paid for.

General

4.6 All fees for the tiers and for NMC's standalone services are paid through Stripe. The Baseline Fee, the Programme Fee, and NMC's standalone services (boat rigging and setup, video analysis, and consultation calls) are paid by one-off Stripe checkout. On the Coaching tiers, everything due at the Start Date, the first Renewal Block, charged pro-rata under clause 3.3 where the Client joins part-way through a block, together with the Full Assessment Fee where the Client elects it, is taken as a single payment by Stripe direct debit (BECS), and each subsequent Renewal Block is billed the same way; enrolment in Stripe direct debit is a condition of the Coaching tiers, so that renewals are handled automatically and the Client is never chased for a recurring payment. The Full Assessment Fee is therefore not charged as a separate transaction at the Start Date. Where it instead becomes payable later in an engagement, most commonly on a transfer to Personal Coaching under clause 14.1, it is charged at that point as a one-off Stripe checkout payment. Casual, ad-hoc in-person sessions are the one exception to this clause: they sit outside Stripe and are settled directly with NMC. Where Stripe is used, NMC does not store payment card or bank details (see clause 23). A receipt is available on request, and Stripe issues automatic receipts for subscription renewals.

4.7 The internal hourly rate referred to in this Agreement for completed work, refund calculations, and additional design time is $90 per hour. This is separate from the $110 per hour in-person contact rate that applies only to Personal Coaching sessions, as reflected in Schedule 1.

5. GST

5.1 All fees stated in this Agreement and in Schedule 1 are inclusive of any GST. The price the Client pays is the price shown; no GST is added on top.

5.2 NMC is not registered for GST at the date of this Agreement. While NMC is not registered, no GST is separately identified or remitted, and the fee is simply the price shown.

5.3 If NMC becomes registered for GST, the fees in Schedule 1 are treated as GST-inclusive: the GST component (being one-eleventh of the fee) is then remitted to the Australian Taxation Office, and the total amount payable by the Client does not increase by reason of GST registration. NMC will issue tax invoices once registered.

6. Refunds

6.1 This clause sets out when fees are refunded. It is subject to clause 7 (Your Consumer Law Rights): nothing in it excludes, restricts, or modifies any guarantee or right under the ACL or any other law that cannot lawfully be excluded.

6.2 Before work commences. If the Client cancels before NMC has begun programme design work, NMC refunds all fees paid in full within 10 business days. This clause applies to the Baseline Fee, the Programme Fee, and the Full Assessment Fee; Renewal Block charges are dealt with under clause 6.5. (Where the Client instead simply goes silent after paying, clause 3.5 applies.)

6.3 After work commences, refund by reference to deliverables. If the Client cancels after NMC has begun work, the fee is refunded in proportion to the Schedule 1 deliverables not yet delivered. NMC identifies which Schedule 1 deliverables have been delivered and which have not, and refunds the proportion of the fee attributable to those not yet delivered. Once all Schedule 1 deliverables for the tier have been delivered, no refund is payable, because the Service paid for has been supplied in full.

6.4 NMC provides a written breakdown of which deliverables have and have not been delivered, and the resulting refund, within 5 business days of the cancellation request.

6.5 Renewal Blocks. A Renewal Block that has been delivered (including a block that renewed because the Client did not cancel before it was charged, and was then coached) is not refundable. A Renewal Block during which NMC remained available to the Client, but for which the Client had not supplied the inputs NMC needs in order to build, is treated as delivered. A charge taken for a Renewal Block that will not be delivered, for example because the Client cancelled before the block began but a payment was taken in error or by automated retry, is refunded in full (see clauses 9 and 24). Where the Client cancels before NMC has begun building the first block and before any material part of that block period has elapsed, NMC may refund that block charge in whole or in part at its discretion.

6.6 Full Assessment components. Where the Client has paid the Full Assessment Fee and cancels before the Full Assessment has been fully delivered, the fee is refunded in proportion to those of its components not yet delivered. For this purpose each of the intake and review, the testing analysis and profiling, Consultation 1, the macro design, and Consultation 2 is a separate deliverable for the purposes of clause 6.3.

6.7 NMC's standalone services. For boat rigging and setup, video analysis, and consultation calls the position is simply this: where the Client cancels before NMC has begun the work, NMC refunds the fee in full; where NMC has begun, no refund arises. Beginning means, for a video analysis, that NMC has started reviewing the footage or recording the breakdown; for a consultation call or a rigging session, that the session has been held. Where a scheduled rigging session or consultation call is cancelled at short notice or not attended, clause 11 applies instead of this clause. This is deliberately simpler than the provisions above because these are single small purchases rather than staged programme work.

7. Your consumer law rights (ACL)

7.1 NMC’s Services come with guarantees that cannot be excluded under the ACL. Under the ACL (ss 60–62), services must be supplied with due care and skill, be reasonably fit for any purpose the Client has made known, and be supplied within a reasonable time. Under s 64, these guarantees cannot be excluded, restricted, or modified.

7.2 Nothing in this Agreement, including any refund term (clause 6), limitation of liability (clause 16), or other term, excludes, restricts, or modifies any guarantee, right, or remedy the Client has under the ACL or any other law that cannot lawfully be excluded. Where a term would do so, it is read down to the extent necessary to comply and otherwise severed (clause 30).

7.3 If a Service fails to meet a consumer guarantee, the Client may be entitled to a remedy under the ACL, including a refund, re-supply, or compensation, in addition to or instead of any remedy in this Agreement.

7.4 For consumer claims up to $100,000, the Client may also have the right to refer a dispute to the NSW Civil and Administrative Tribunal (NCAT), or to complain to the Australian Competition and Consumer Commission (ACCC) about ACL matters.

8. Renewal billing (Coaching tiers)

8.1 After the Start Date, Renewal Blocks continue at the rate in Schedule 1 unless the Client cancels under clause 9. Renewal Blocks are billed automatically by Stripe direct debit (BECS) exactly 5 days before the next block begins, so the paid block runs on without interruption.

8.2 The shared block calendar has thirteen fixed block boundaries a year, so every renewal charge date is known in advance. NMC publishes the thirteen boundary dates for the current year in the welcome email and confirms each upcoming charge in the pre-charge notice under clause 8.4. The Client can therefore always see, ahead of time, the date on or before which a cancellation must be given to avoid the next charge.

8.3 By entering this Agreement, the Client authorises Stripe to charge the nominated payment method for each Renewal Block until the Agreement is cancelled under clause 9.

8.4 Stripe sends the Client an automatic pre-charge notification before each Renewal Block payment is taken. This is the Client’s reminder that the next block is about to begin.

8.5 The Client may cancel at any time, under clause 9, by giving at least 7 days' notice before the end of the current Renewal Block -- that is, by the end of the third week of the four-week block. On written cancellation, NMC cancels the Stripe subscription so that no further charge, including any automated retry, is attempted for a block that will not be delivered.

9. Cancellation by the Client

9.1 The Client may cancel this Agreement at any time, by written notice (email to coach@nickmirow.com). The Client must give at least 7 days' notice before the end of the current block -- in a standard four-week block, by the end of the third week -- to avoid being charged for the next one. Where the Client's first period is a partial period under clause 3.3 that is shorter than that, NMC confirms the applicable notice deadline to the Client in writing at acceptance. Renewal Block payments are charged 5 days before the next block begins, so the notice deadline falls before the charge itself; Stripe's automatic pre-charge notification, sent 3-5 days before the charge, arrives as an early reminder well ahead of the notice deadline, not a substitute for it. The block boundary dates are published in advance (clause 8.2).

9.2 Cancellation takes effect at the end of the current paid block, which is delivered in full. A Renewal Block that has been charged and is being delivered is not refunded on cancellation; the Client simply is not charged for the following block.

9.3 On written cancellation, NMC promptly cancels the Stripe subscription so that no further Renewal Block, and no automated retry, is charged, and confirms the cancellation in writing. If, despite cancellation, a charge is taken for a block that will not be delivered, it is refunded in full (clause 6.5).

9.4 All scheduled in-person sessions within the current paid block will be honoured in full, and any unredeemed Session Credit is dealt with under clause 11.6.

9.5 On cancellation, each party’s obligations end at the close of the current billing block, except obligations that by their nature survive (intellectual property, confidentiality, privacy, and dispute resolution).

10. Termination by the Coach

10.1 NMC may end this Agreement on written notice if the Client:

(a) fails to pay a fee when due and does not fix it within 7 days of written notice (see clause 24);

(b) behaves in a way NMC reasonably considers creates an unacceptable risk of harm to any person;

(c) gives materially false information in the intake form or health questionnaire;

(d) is abusive, threatening, harassing, or repeatedly disrespectful toward NMC or any other person;

(e) engages in inappropriate conduct, unwanted physical contact, or any behaviour that NMC reasonably considers makes NMC or others feel unsafe or uncomfortable; or

(f) conducts themselves in a way that NMC reasonably considers has damaged the coaching relationship or NMC’s reputation.

10.2 In addition to the specific grounds in clause 10.1, NMC may end this Agreement on written notice where NMC reasonably considers that the coaching relationship is no longer viable or appropriate, for example where trust or professional rapport has broken down to the point that NMC can no longer coach the Client effectively or comfortably. NMC will act reasonably and in good faith in forming that view, and will not exercise this right in a way that is discriminatory or contrary to law.

10.3 Immediate cessation of a session on safety grounds. Nothing in this clause requires NMC to continue an in-person session in which NMC feels unsafe or subjected to inappropriate conduct. NMC may end any such session immediately and leave, and any written termination or notice under this clause may follow afterwards. A session ended by NMC on these grounds is not treated as the Client’s to reschedule and gives rise to no Session Credit.

10.4 If NMC ends a Coaching tier engagement under this clause, the Client receives a pro-rated refund for prepaid coaching not yet delivered, calculated as: (Renewal Block fee ÷ 28) × the number of days remaining in the current Renewal Block, measured from the date of NMC’s written notice. This refund applies whichever ground NMC relies on, so that the Client is never left having paid for coaching weeks they will not receive. Where a Full Assessment Fee was paid and that work has been delivered, it is not refundable, as it is completed work.

10.5 This clause is subject to clause 7. Where NMC’s termination follows a failure to meet a consumer guarantee, the Client’s ACL remedy may exceed the pro-rated refund in clause 10.4.

11. In-person session policy

11.1 This clause applies to all scheduled in-person sessions under this Agreement (Personal Coaching weekly sessions and any ad-hoc standalone sessions booked as add-ons). It also applies, as a standalone term, to NMC's separately purchased in-person services, currently boat rigging and setup, where the purchaser has bought that service without entering a Coaching tier engagement and so is not otherwise a party to this Agreement; in that case clauses 11.2 and 11.3 govern their booking, and the terms are drawn to their attention at the point of purchase.

11.2 Client cancellations of a Personal Coaching (subscription) session:

(a) No notice, late notice, no-show, or arriving late, where the Client does not give notice by email, or by TrainingPeaks message where clause 15.1A makes that channel available to them, before 2:00pm on the day before the session, or does not attend, or arrives late: the session is treated as used. Because the session sits inside the Renewal Block the Client has already paid, no further or separate fee applies.

(b) Cancellation on time, by email, or by TrainingPeaks message where clause 15.1A makes that channel available to them, before 2:00pm on the day before the session: the session is not treated as used, and a Session Credit is created under clause 11.4. (The cut-off enforces on the timestamp of the Client's message, on whichever permitted channel it was sent, not when NMC reads it.)

(c) Cancellation due to genuine illness or emergency (either party): no session is treated as used; a Session Credit is created under clause 11.4.

11.3 Casually billed sessions. For an ad-hoc standalone session that is billed per session rather than inside a subscription block, a no notice / late notice / no-show / late arrival means the full session fee for that booking applies and the session is treated as used; an on-time cancellation carries no fee.

11.4 Session Credits. Where a Session Credit is created under clause 11.2(b) or (c), it is redeemable at any time while the engagement is active, by mutual arrangement of a replacement session, there is no requirement to use it within a fixed window. Credits do not expire while the Client remains an active Client. A Session Credit’s dollar value is fixed at the moment it is created, calculated as (Renewal Block fee ÷ 4) using the Renewal Block fee of the Coaching tier the Client was on at that time. If the Client later switches Coaching tier, an unredeemed credit keeps this fixed value, it does not re-value to the new tier’s fee, whether it is subsequently redeemed as a session or refunded under clause 11.6.

11.5 If NMC cannot attend a scheduled session for any reason (including the Coach’s own training, competition, travel, illness, or injury), NMC will give as much notice as reasonably possible, and a Session Credit is created under clause 11.4. NMC and the Client arrange a replacement session by mutual agreement; there is no fixed reschedule window. Sessions not delivered by NMC are never forfeited. Where NMC’s inability to deliver extends beyond a short interruption, clause 11.7 also applies.

11.6 Unredeemed credits on cancellation. If the Client cancels the engagement (clause 9) with one or more unredeemed Session Credits, NMC first offers to schedule the outstanding sessions; any that cannot reasonably be scheduled are refunded at each credit’s fixed value, set at creation under clause 11.4.

11.7 Extended interruption by the Coach. If NMC is unable to deliver the Services for a continuous period of more than 7 days (for example through the Coach’s own illness, injury, competition, or travel), NMC will notify the Client, and for each affected Renewal Block the Client may elect to: (a) extend the block by the period of non-delivery at no extra charge; (b) hold the value as a credit against a future block; or (c) receive a pro-rata refund of the affected block calculated at (Renewal Block fee ÷ 28) × the number of days not delivered. This applies to all Coaching tiers, including where a Guided or Online rebuild cannot be delivered on time.

11.8 In-person sessions are delivered at NMC’s venues. Where a Client requests a session at another location and NMC agrees, any travel is quoted and agreed in writing beforehand (see clause 12).

12. Travel (Personal Coaching)

12.1 Personal Coaching and standalone in-person sessions are delivered at NMC’s venues (in the Annandale, Sydney area, as advised to the Client). There is no travel charge for sessions at NMC’s venues.

12.2 Where the Client requests a session at another location, NMC may agree to it by custom quote. Any travel time or cost is quoted and agreed in writing before the session.

The former three-zone travel-pricing structure has been removed in favour of this venue-based model.

13. Programme adjustments

13.1 NMC may adjust training blocks and the macro plan in response to the Client’s training data, performance metrics, health status, and other relevant information received during the programme. These adjustments are a normal and expected part of evidence-based coaching and exist to keep the programme safe and effective for the Client.

13.2 Minor adjustments, changes to training intensities, session substitutions, and structural changes within a 4-week block, may be made without prior notice and will be explained at the next scheduled review.

13.3 Substantive changes, changes to the training phase structure, reordering of mesocycles, or significant design changes beyond a single block, will be communicated to the Client in writing with a clear rationale before they are implemented.

13.4 Major changes outside the scope of normal programme adaptation, a full periodisation rewrite, a substantially new programme direction, or changes the Client requests that need significant additional design time, are quoted separately at $90 per hour, with an estimate provided before work begins.

14. Tier transfers and upgrades

14.1 The Client may transfer between the Guided Coaching, Online Coaching, and Personal Coaching tiers at any block boundary, subject to (a) written notice before the next Renewal Block is charged, and (b) availability of in-person session slots (for transfers to Personal Coaching). Personal Coaching requires the Full Assessment in every case. Where the Client began on Guided Coaching or Online Coaching without a Full Assessment and wishes to transfer to Personal Coaching, the Full Assessment Fee is payable, regardless of how many Renewal Blocks the Client has completed.

14.2 A Programme tier client may upgrade to any Coaching tier. No Full Assessment Fee applies where a Programme tier client upgrades or transfers to a Coaching tier, as that work (testing, consultation, and initial build) is already complete and paid for. Where a Client begins a Programme tier build and, before it is delivered, decides to move into a Coaching tier, the Programme build already in progress is completed and counts as the initial Coaching-tier programme; the Client pays no second Full Assessment Fee and simply begins Renewal Blocks. On upgrade, NMC moves the Client from a TrainingPeaks Basic seat to a Premium seat.

14.3 The first Renewal Block after a transfer or upgrade is billed at the new tier’s rate.

14.4 A Baseline tier client who wants ongoing coaching enters a new Coaching tier engagement. On Guided Coaching or Online Coaching they may begin directly on Renewal Blocks without a Full Assessment. Where they elect the Full Assessment, or move to Personal Coaching (where it is required), the Full Assessment Fee is payable in full and the Baseline Fee already paid does not credit against it, because the Baseline tier does not include the strength and mobility profiling, the analysis, the consultation, or the walkthrough the Full Assessment covers. The Baseline Setup form does invite an optional self-administered erg set, but that is a self-reported input to a one-off plan rather than the assessed testing battery the Full Assessment Fee pays for.

15. Messaging and communication

15.1 All written coaching communication between the Client and NMC is by email, or by TrainingPeaks in-app messaging where clause 15.1A makes it available to that Client. NMC does not provide coaching support or respond to queries via WhatsApp, SMS, phone (unless scheduled), or social media.

15.1A TrainingPeaks in-app messaging is available only to Clients on Guided Coaching, Online Coaching or Personal Coaching who hold a TrainingPeaks Premium athlete seat and are aged 18 or over. This is a limitation of the TrainingPeaks platform, not a restriction imposed by NMC. It is accordingly not available on Baseline or Programme, which are delivered on a TrainingPeaks Basic seat, nor to any athlete under 18 on any tier. For those Clients email is the only channel for written coaching communication, and nothing in clause 15.1 reduces the support they are entitled to under clause 15.4. If the platform changes what it offers, NMC may extend messaging to further Clients on notice.

15.2 NMC may operate a broadcast-only WhatsApp channel for general, time-sensitive announcements (for example, weather or logistics updates) for in-person / club clients. It is one-way only: Clients cannot reply or send messages through it, and it is not a channel for coaching communication. All two-way communication remains within the channels permitted by clause 15.1.

15.3 NMC’s response window is 12:15pm to 2:15pm, Monday to Friday. This single window applies to all written coaching communication however it reaches NMC, including email and TrainingPeaks in-app messaging. Messages received outside this window are answered in the next available weekday window. TrainingPeaks presents messaging as an instant channel; that is a feature of the platform and does not change NMC’s response window, which is set by this clause.

15.4 Support across all three Coaching tiers covers reasonable coaching-related questions across the week, technique, session execution, logistics, nutrition, recovery, mindset, and race preparation, with no per-question limit. Where a Client’s support needs are consistently better met by more contact than these channels provide, NMC may recommend moving to a higher-contact tier (Online Coaching or Personal Coaching); one-off additional calls are also available at the add-on rate under clause 15.7. This is a guide to what each tier is built to deliver, not a limit on the Client’s rights under clause 7.

15.5 NMC does not respond to written communication on weekends, on any channel, except for a genuine emergency arising on a Personal Coaching session day. These hours are a term of this Agreement, not a preference; a response outside these hours is not required and is not a service failure.

15.6 Scheduled review calls (4-weekly for Online Coaching) are by Google Meet. Additional Google Meet calls are available as add-ons at NMC’s standard add-on rate of $90 per hour.

15.7 Programme tier clients are entitled to one follow-up email contact after their programme is delivered. There is no time limit on using it. Where a Client wants ongoing back-and-forth rather than a single follow-up, that is what the Guided Coaching tier provides, and NMC will say so rather than declining to answer; further one-off contact beyond the included follow-up is otherwise available at the add-on rate ($90 per hour).

16. Risk warning and liability

16.1 Rowing, on-water training, ergometer training, strength and conditioning, and related physical activities carry inherent risks of personal injury. The full risk warning and liability waiver for these activities is set out in the Risk Warning and Liability Waiver (the Waiver), a separate document signed alongside this Agreement as Schedule 2.

16.2 The Waiver is a risk warning for the purposes of s 5M of the Civil Liability Act 2002 (NSW) and operates under ss 5M and 5N of that Act and s 139A of the Competition and Consumer Act 2010 (Cth). It excludes liability only to the extent permitted by those provisions and carves out the non-excludable ACL rights described in clause 7.

16.3 Limitation of liability: to the maximum extent permitted by law, and subject to clause 7 and the Waiver, NMC’s total liability to the Client for any claim arising under or in connection with this Agreement is limited to the fees paid by the Client in the 4-week period immediately before the event giving rise to the claim.

16.4 Client health representations: the Client warrants that they have completed NMC’s intake health questionnaire (PAR-Q+) honestly and have disclosed all relevant medical conditions, injuries, medications, and health history. NMC’s programme design and safety recommendations rely on the information the Client provides.

16.5 Nothing in this clause or the Waiver excludes, restricts, or modifies any right under the ACL or other law that cannot lawfully be excluded (clause 7).

17. Scope of services (disclaimer)

17.1 NMC provides rowing coaching, training programme design, and athletic development support. The Services are educational and athletic in nature.

17.2 The Services are not, and are not a substitute for: (a) medical advice, diagnosis, or treatment; (b) physiotherapy or allied health services; (c) registered dietitian or clinical nutrition services; (d) psychological or mental health services; or (e) sports medicine.

17.3 Any guidance on nutrition, recovery, injury management, or wellbeing given during coaching is general, performance-oriented information only and does not replace professional advice in those fields. The Client is encouraged to consult qualified professionals for medical, physiotherapy, or clinical nutrition matters. NMC does not hold itself out as a registered health practitioner and does not use any protected health-practitioner title.

17.4 NMC does not guarantee any particular performance result or outcome.

17.5 The Client must obtain medical clearance before starting the testing battery or any coached training programme if they have a pre-existing medical condition, cardiovascular risk factors, or a recent injury. This is captured in the PAR-Q+ screening at intake.

17.6 The full Disclaimer is also provided as a standalone document; its content is the same as this clause.

18. Client obligations

18.1 For coaching to be effective, the Client agrees to:

(a) train safely and within their current physical capabilities;

(b) follow the prescribed session structure, intensities, and pacing as closely as possible;

(c) keep training data accurate, current, and uploaded to TrainingPeaks promptly;

(d) communicate proactively and honestly, including reporting illness, injury, fatigue, or life events that affect training;

(e) seek medical clearance before starting if there is any doubt about fitness to train; and

(f) engage constructively and consistently with the coaching process.

18.2 The effectiveness of the programme depends on consistent training and honest communication. NMC is not responsible for outcomes where the Client’s adherence, communication, or data accuracy is inconsistent. This clause does not limit the Client’s rights under clause 7.

19. Health data and privacy

19.1 NMC collects personal information and sensitive (health) information to design and deliver the Services safely. How NMC collects, uses, stores, and manages that information is set out in the Privacy Policy and the Health & Performance Data Consent Form (which includes the Client’s consent to NMC’s use of AI tools as a drafting and analysis aid), which the Client receives at onboarding.

19.2 The Client’s health information is sensitive information under the Privacy Act 1988 (Cth) and health information under the Health Records and Information Privacy Act 2002 (NSW). NMC collects it only with the Client’s explicit written consent, given through the Consent Form (APP 3.3 and the NSW Health Privacy Principles).

19.3 By signing this Agreement, the Client confirms they have read the Privacy Policy. Consent to collect health and performance data is given separately through the Consent Form, not through this Agreement.

19.4 The Client may withdraw consent at any time by written notice to NMC. If consent is withdrawn, NMC may not be able to continue providing the Services safely and may end this Agreement on 14 days’ written notice, with a pro-rated refund for unused coaching subscription time calculated under clause 10.4.

19.5 The Client may request access to, or correction of, their personal information at any time, as described in the Privacy Policy (APP 12 and APP 13; NSW Health Privacy Principles). A request to delete personal information is handled as described in the Privacy Policy, which explains that some health records must be retained for a minimum period required by law and cannot be deleted on request until that period ends.

19.6 NMC uses AI tools as a drafting and analysis aid in preparing and analysing parts of the Services (for example, drafting an initial programme or analysing training data), with all AI-assisted output reviewed and approved by NMC before use. The Client’s consent to this use is given through the Health & Performance Data Consent Form (which includes AI-processing consent), not through this Agreement. If the Client withdraws that consent, clause 19.4 applies.

20. Minor clients

20.1 This clause applies where the person receiving the Services (the “Minor”) is under 18 years of age at the date of signing.

20.2 The Guardian is the contracting party. The Minor cannot sign this Agreement as a contracting party.

20.3 The Guardian warrants that they have authority to enter this Agreement on behalf of the Minor and to consent to the collection and use of the Minor’s health and performance data. Guardian consent and the child-safe arrangements below are dealt with in full in the Parental Consent Form, which the Guardian signs at onboarding.

20.4 Working with Children Check: NMC holds a current Working with Children Check (WWCC), as required for child-related work under the Child Protection (Working with Children) Act 2012 (NSW). NMC’s WWCC number is WWC2019371E, verifiable through the NSW Office of the Children’s Guardian.

20.5 Child-safe practice: for all in-person coaching involving a Minor, NMC follows a child-safe practice standard:

(a) sessions take place only in observable, non-isolated settings (for example, at the club, on the water within sight of others, or in the boatshed) and never in an isolated one-on-one setting;

(b) communication about the Minor’s coaching, health data, and progress is routed through the Guardian;

(c) each session is logged (date, location, and who was present); and

(d) the Guardian is welcome to attend any session at any time.

20.6 This clause and the Parental Consent Form are not a substitute for the WWCC or for child-safe practice, and do not authorise isolated one-on-one sessions with a Minor.

20.7 All key communications about the Minor’s programme are sent to the Guardian’s nominated email address.

20.8 When the Minor turns 18. Where a Minor reaches 18 years of age during a continuing engagement, the engagement continues without interruption, and at the first block boundary on or after the Minor's eighteenth birthday: (a) the now-adult athlete signs this Agreement and the Health & Performance Data Consent Form in their own right, as the contracting party and data subject; (b) the Guardian's role as contracting party ends, and communications are routed to the athlete rather than the Guardian, unless the athlete asks otherwise in writing; and (c) the child-safe practice standard in clause 20.5 no longer applies as a matter of obligation. NMC tracks each Minor's date of birth so this boundary is not missed. NMC will notify the athlete and the Guardian in writing ahead of that block boundary, and again if the re-signing has not been completed by it. If the now-adult athlete has not completed this re-signing within 2 weeks of that block boundary, and NMC has given that written notice, NMC suspends the engagement, no further sessions delivered and billing paused, until the Agreement and Health & Performance Data Consent Form are completed in the athlete's own name; the former Guardian's consent does not extend past that 2-week point. Suspension is a pause, not a termination: the engagement resumes on completion, and no Renewal Block is charged for a period during which the engagement is suspended.

21. Intellectual property

21.1 All programme materials, training plans, TrainingPeaks-delivered content, video analyses, written and audio feedback, and other materials NMC creates under this Agreement are and remain NMC’s intellectual property, protected under the Copyright Act 1968 (Cth).

21.2 NMC grants the Client a personal, non-exclusive, non-transferable licence to use the materials delivered under this Agreement for the Client’s own training only.

21.3 The Client must not copy, adapt, share, distribute, resell, sublicense, or use the materials to coach others, without NMC’s prior written consent.

21.4 The Client retains ownership of the personal performance data and health records they provide to NMC.

22. Confidentiality

22.1 Each party will keep confidential the other party’s non-public information disclosed in connection with this Agreement that is identified as confidential, or that a reasonable person would treat as confidential.

22.2 This clause does not prevent disclosure required by law or by a court.

23. Third-party platforms

23.1 Delivering the Services requires these third-party platforms, each with its own terms and privacy policy: (a) TrainingPeaks (programme delivery and monitoring); (b) Stripe, for all payments including direct-debit renewal billing; and (c) Google Meet (video calls).

23.2 By entering this Agreement, the Client agrees to be bound by each platform’s terms to the extent required to use the Services.

23.3 NMC does not store or process payment card or bank details. Where Stripe is used, Stripe handles all payment processing in compliance with PCI-DSS.

23.4 NMC is not responsible for outages or failures of third-party platforms. If TrainingPeaks is unavailable, NMC will make alternative delivery arrangements. This clause does not limit the Client’s rights under clause 7.

24. Payment failure

24.1 If a Renewal Block payment fails or is outstanding, NMC will notify the Client promptly.

24.2 The Client has a 7-day grace period from notification to fix the payment.

24.3 If the payment is not fixed within 7 days, coaching delivery, TrainingPeaks Premium access, and coaching support on all channels may be suspended until payment is received.

24.4 If the payment is unresolved after 14 days, the engagement may be terminated under clause 10.1(a). Prepaid coaching already delivered is not refundable.

24.5 Concurrent cancellation and payment failure. Where the Client cancels (clause 9) around the same time as a payment fails, the cancellation governs: NMC cancels the Stripe subscription, no further charge or automated retry is pursued, and a failed or reversed charge for a Renewal Block that will not be delivered is not treated as a debt and is not pursued. Only a block that is actually delivered is payable.

24.6 Two or more payment failures within any 24-week period (other than where cancellation applies under clause 24.5) are grounds for termination under clause 10.1(a).

24.7 Partial delivery before suspension. Where some sessions or coaching within a Renewal Block are delivered before suspension takes effect (for example, during the clause 24.2 grace period), the Client is liable only for the delivered proportion, calculated at (Renewal Block fee ÷ 28) × the number of days delivered. Any undelivered proportion of that block is not charged and is not pursued as a debt.

25. Dispute resolution

25.1 If a dispute arises, the party raising it must give written notice describing the dispute in reasonable detail.

25.2 The parties will try to resolve the dispute by good-faith direct negotiation within 14 days of that notice.

25.3 If the dispute is not resolved within 14 days, the parties will attempt mediation (through a mutually agreed mediator, or one appointed by the Law Society of NSW) before starting legal proceedings.

25.4 Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief, or from exercising any ACL right (clause 7).

26. Governing law and jurisdiction

26.1 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia where applicable.

26.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

26.3 Nothing in this Agreement excludes, restricts, or modifies any right or remedy the Client has under the ACL or other law that cannot lawfully be excluded (clause 7). For consumer claims up to $100,000, the Client may also approach NCAT, or complain to the ACCC about ACL matters.

27. Acceptance

27.1 The Client accepts this Agreement by completing NMC’s onboarding acknowledgement, a form on which the Client separately confirms, by ticking each item, that they have read and agree to (a) this Agreement, (b) the Risk Warning and Liability Waiver (Schedule 2), (c) the Health & Performance Data Consent Form (which includes AI-processing consent), and (d) the Privacy Policy, and by paying the applicable fee. The form captures the Client’s full name, email address, and the date and time of each acknowledgement. By typing their full name and the date on that form, the Client is signing this Agreement electronically, and that electronic signature has the same legal effect as a handwritten signature.

27.2 A binding contract forms when both (a) the Client has completed that acknowledgement (ticking each of the items in clause 27.1) and (b) the applicable first payment has been made, for a Coaching tier, the Full Assessment Fee where the Client has elected it, together with the first block or partial-block charge; and for the Baseline or Programme tiers, the Baseline Fee or Programme Fee. Where payment is made by direct debit, payment is treated as made when the Client's payment authority is in place and the first charge has been initiated. The same mechanism applies to every tier, so acceptance is recorded consistently for all Clients.

27.3 The Risk Warning and Liability Waiver and the Health & Performance Data Consent Form are acknowledged by their own dedicated ticks under clause 27.1, not swept up in a single global “I agree”, so that the waiver of liability and the consent to health-data and AI processing are each given specifically and voluntarily.

27.4 No contract is formed by submitting an enquiry form on the NMC website. A binding contract forms only as set out in clause 27.2.

28. Entire agreement

28.1 This Agreement, together with its Schedules, the Privacy Policy, the Health & Performance Data Consent Form (which includes AI-processing consent), and (for Minor clients) the Parental Consent Form, is the entire agreement between the parties about its subject matter and supersedes all earlier representations and understandings.

29. Changes to these terms

29.1 NMC may update these terms with reasonable written notice to active clients. An update does not affect an engagement already in progress without the Client’s written agreement.

29.2 NMC may change its published prices at any time. For the coaching-tier subscriptions, a change to the Renewal Block fee takes effect from a future Renewal Block, and NMC will give the Client at least 14 days' written notice before the first charge at the new fee, so the Client always has the opportunity to cancel under clause 9 before being charged at the new rate. Continuing into that block is acceptance of the new fee. Where a one-off Fee has already been paid (Baseline or Programme), that Fee is fixed for that engagement and a later price change does not affect it.

30. Severability

30.1 If a provision of this Agreement is or becomes invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest continues in full force.

31. No waiver

31.1 A failure or delay by either party to exercise a right under this Agreement is not a waiver of that right and does not prevent its later exercise.

Schedule 1: Services and Deliverables

The deliverables and pricing below are drawn from the NMC Services & Pricing document. At signing, tick the Client’s tier in clause 2 (and duration, for Baseline and Programme) and confirm the matching figures below. All prices are AUD and GST-inclusive (see clause 5).

Baseline tier (self-serve plan)

Baseline setup form, goal event and date, target peak, objectives and constraints, and current self-reported bests.

A structured, periodised programme (16 or 24 weeks) built from that data, peaked for the nominated event.

Delivered on a TrainingPeaks Basic seat, with brief written delivery notes.

Email support for delivery questions only. No consultation, no walkthrough, no revisions, no follow-up.

Programme tier (self-directed)

Intake form and goal alignment.

Full performance testing analysis (Core 3 erg battery plus electives plus S&C and mobility assessment).

Online consultation (45 minutes, Google Meet).

Fully bespoke periodised programme, water, erg, S&C, mobility, for the chosen duration (16 or 24 weeks), delivered on a TrainingPeaks Basic seat, the Client’s to follow.

Live walkthrough (45 minutes, Google Meet).

One follow-up email contact after delivery, with no time limit on using it (clause 15.7).

Where the Programme Fee is refunded in part under clause 6.3, it is apportioned across those six deliverables, in the order they are delivered, as: the intake and goal alignment 5%, the performance testing analysis 20%, the online consultation 10%, the programme build 50%, the live walkthrough 10%, and the follow-up 5%. This mirrors the Full Assessment apportionment above and exists for the same reason, so that a Client who cancels part-way through has a published basis for the refund rather than one worked out after the fact.

Guided Coaching tier (live coaching, no video or calls)

Where the Client elects the Full Assessment: the full performance testing battery and analysis (Core 3 erg battery plus electives plus strength and mobility assessment), the intake and review, Consultation 1, the macro design, and Consultation 2, all delivered during the Client's first block alongside coaching rather than before it. Where the Client starts without the Full Assessment, none of that is charged for and none of it is delivered. NMC instead programmes from the training data that accumulates across the Client's blocks, read into each subsequent rebuild. On both routes the first block is built from the Client's Athlete Intake and enquiry data, and coaching begins immediately from the Start Date.

An initial periodised programme delivered on a TrainingPeaks Premium seat, then rebuilt every 4 weeks from execution data, a rolling, adapted programme rather than a fixed-duration one-off plan, with benchmark efforts built into the programme so progress stays measurable.

Coaching support across the week, by email and by TrainingPeaks in-app messaging where clause 15.1A makes it available (reasonable coaching-related questions, no per-question limit, clause 15.4).

No video analysis and no scheduled calls, suited to Clients who want light-touch guidance while running their own programme, and to Clients already receiving hands-on coaching from NMC in person.

Online Coaching tier (remote coaching relationship)

Everything in the Guided Coaching tier.

Video analysis every 4 weeks, an on-camera breakdown of the Client's rowing footage, combined duration up to 5 minutes, plus a written summary of the technical changes to work on, setting the technical focus for the next block. Video for a block is submitted by the end of that block; video is analysed and returned in the first week of the following block, so it sets the focus for the weeks ahead.

4-weekly review call (30 minutes, Google Meet).

Coaching support by email and by TrainingPeaks in-app messaging where clause 15.1A makes it available, response window 12:15–2:15pm weekdays (reasonable coaching-related questions, no per-question limit, clause 15.4).

Guidance on technique, nutrition, recovery, mindset, and race preparation (general performance information only, see clause 17).

Ongoing monitoring of training data via TrainingPeaks Premium.

Personal Coaching tier (coaching relationship plus weekly in-person session)

Everything in the Online Coaching tier.

One in-person session per week (90 minutes standard), on-water, erg, S&C, boat setup and rigging, technical work, race preparation, injury management, and nutrition guidance (general performance information only, see clause 17), in place of the remote review call. The weekly session runs every week, independent of the 4-weekly rebuild rhythm.

A regular reserved weekly slot: the day and time are agreed between NMC and the Client, and may change with reasonable notice where NMC’s own training requires it (see clause 11).

Hands-on boat rigging and setup guidance.

Ongoing monitoring of training data via TrainingPeaks Premium.

Personal Coaching is limited to 2 athletes at a time; a waitlist applies beyond that.

Pricing, Baseline tier (one-time payment, GST-inclusive)

Duration

Fee (AUD)

16 weeks

$250

24 weeks

$300

Pricing, Programme tier (one-time payment, GST-inclusive)

Duration

Fee (AUD)

16 weeks (approx. 4 months)

$900

24 weeks (approx. 6 months)

$1,100

Pricing, Coaching tiers (optional Full Assessment Fee plus rolling Renewal Blocks, GST-inclusive)

The Full Assessment Fee is a one-time flat amount, identical across all three Coaching tiers, paid at acceptance together with the first block charge, with the assessment work then delivered during the Client's first block. It is optional on Guided Coaching and Online Coaching, where the Client may instead begin directly on Renewal Blocks, and required on Personal Coaching. Where it is paid, it is apportioned for refund purposes (clause 6.6) across its five components, in the order they are delivered, as: the intake and review 8%, the testing analysis and profiling 23%, Consultation 1 11%, the macro design 46%, Consultation 2 12%. Renewal Blocks bill every 4 weeks once coaching starts. There is no nominated duration and no lock-in -- the Client may stop at any time, giving at least 7 days' notice before the end of the current block (clause 9).

Tier

Full Assessment Fee

Per Renewal Block (4 wks)

Guided Coaching

$900

$265

Online Coaching

$900

$415

Personal Coaching

$900

$1,290

A Programme tier client upgrading to a Coaching tier does not pay the Full Assessment Fee (clause 14.2). A Baseline tier client entering Guided or Online may begin directly on Renewal Blocks; where they elect the Full Assessment, or enter Personal Coaching, the Full Assessment Fee applies with no credit for the Baseline Fee (clause 14.4).

Schedule 2: Risk Warning and Liability Waiver

Separate document, signed alongside this Agreement. The Risk Warning and Liability Waiver is a standalone document that does double duty, it is this Schedule 2 for programme clients, and a sign-once risk warning and waiver for ad-hoc cash clients. The Client acknowledges it under clause 27. It is drafted to satisfy the Civil Liability Act 2002 (NSW) ss 5M and 5N, s 139A of the Competition and Consumer Act 2010 (Cth), and the non-excludable ACL carve-out in clause 7.

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