Health & Performance Data Consent Form

ABN 69 748 436 102 · Annandale, Sydney NSW · Version 3.1 · 13 July 2026 · Please read before accepting

This form is how you give Nick Mirow Coaching (“NMC”) your specific, written consent to (a) collect and use your health and performance data, and (b) use AI as a drafting and analysis aid in preparing your coaching. It is separate from your Programme Client Agreement (the Agreement) and separate from the Risk Warning and Liability Waiver. Please read NMC’s Privacy Policy first, this form works alongside it.

We ask for consent separately because your health and physiological information is sensitive information under the Privacy Act 1988 (Cth) and health information under the NSW Health Records and Information Privacy Act 2002 (the HRIP Act). Under APP 3.3 and the NSW Health Privacy Principles, we can only collect it with your consent, given voluntarily, with a clear understanding of what you’re agreeing to.

1. The health & performance data we collect

We collect the data below to coach you safely. Items marked “optional” are entirely your choice; the others are the information we need. Your single consent to all of it is given in section 5, you do not need to initial each row.

Data we collect

Why we collect it

PAR-Q+ responses

Screen for medical contraindications before prescribing exercise.

Injury and medical history, conditions, cardiovascular-risk factors and medications

Make sure your training is safe and appropriate for your body.

Resting and training heart rate

Set accurate training zones and monitor cardiovascular load.

Lactate test results (if applicable)

Establish precise aerobic/anaerobic thresholds for zone prescription.

Ergometer performance data (all test formats)

Establish a power and endurance baseline, and track your progress over time.

Strength & conditioning and mobility assessment

Guide your strength work and reduce injury risk.

Body weight and composition (optional)

Optional context for training load and recovery planning.

Subjective wellness and recovery scores

Adapt your daily and weekly training loads to your readiness.

Telling us this information is your choice. If you don’t provide the non-optional items, we may not be able to design or deliver your coaching safely. We only ever collect what is genuinely necessary for your coaching (NSW HPP 1 and 2; APP 3).

2. How we use, store and protect it

We use this data only to design and deliver your coaching safely, to build and adapt your programme, screen for anything that makes a test or session unsafe, monitor your progress, and communicate with you. We do not use it for marketing, and we never sell it (APP 6; NSW HPP 10 and 11).

Your data is held on TrainingPeaks (Premium for Guided Programme, Online Coaching, and Personal Coaching clients; Basic for Baseline and Programme tier clients), in a restricted-access Google Drive folder, and in password-protected spreadsheets, accessible only by Nick Mirow. Some of it (for example, on TrainingPeaks) may be stored interstate or overseas, including in the United States; section 9 of the Privacy Policy explains this and the basis for it under APP 8 and NSW HPP 14. Full details of storage, security and who can access your information are in the Privacy Policy.

3. How long we keep it

Under NSW law for health service providers (HRIP Act, Part 4, Division 2), we keep your health information for at least seven years from the last time we provided you a coaching service; if it was collected while you were under 18, we keep it until you turn 25, whichever is longer. After that we destroy or de-identify it (APP 11.2; NSW HPP 5). A request to delete your data is handled as described in the Privacy Policy, non-health data is deleted on request, and health records are kept only for the minimum legal period, then securely destroyed.

4. AI-assisted processing

NMC uses Anthropic’s Claude as a drafting and analysis aid, not as a decision-maker. Nick reviews, edits, and approves everything AI-assisted before it reaches you. This section explains what that involves; your consent to it is given together with your data consent in section 5.

What AI is used for:

Drafting an initial training programme from your goals, self-reported bests, and (from Programme tier up) your testing data. This is what makes the Baseline tier’s fast turnaround possible, Nick reviews, adjusts, and approves it before you receive it.

Helping analyse your training and performance data to support block-to-block programme adjustments. Nick makes the actual coaching decision, AI output is an input to his judgement, not a substitute for it.

Assisting with routine written coaching communications (for example, block summaries or delivery notes). Nick reviews and sends everything himself; nothing is sent to you unreviewed.

What this doesn’t mean:

No AI tool makes a coaching or programming decision on its own, Nick reviews and approves all AI-assisted output before it is used or sent to you.

AI is never used for medical, injury, or clinical decisions. Where health judgement is needed, that stays with you, your medical provider, and Nick’s own coaching judgement, see the Scope of Services Disclaimer.

Only the data you consent to in this form is used this way. AI processing does not involve collecting any new category of data about you, and the data is never shared outside NMC for any other purpose.

NMC has turned off the account-level “Help improve Claude” model-training setting, so conversations, including any client data used in AI-assisted drafting or analysis, are not used to train Anthropic’s models, and Anthropic’s standard retention for such conversations applies rather than the extended retention that applies when training is enabled (the exact period is set by Anthropic’s then-current policy).

5. Your consent

By ticking the boxes below and submitting this form (or by signing it), you confirm each of the following. This single itemised statement replaces per-row initialling, and the ticks plus your submission are how you give this consent.

• I have read and understood NMC’s Privacy Policy and this form.
• I understand the information in section 1 is sensitive information under the Privacy Act 1988 (Cth) and health information under the HRIP Act 2002 (NSW), and that NMC will handle it accordingly.
• I am giving this consent voluntarily, and I understand I do not have to.
• I consent to NMC collecting, using and storing the health and performance data listed in section 1, for the purposes described in this form and the Privacy Policy. I understand the items marked “optional” are provided only if I choose to.
• I consent to NMC using AI tools as a drafting and analysis aid as described in section 4, using the data I have consented to provide, with all AI-assisted output reviewed and approved by Nick before it reaches me.
• I understand some of this data is held on, or processed through, platforms that may store it interstate or overseas, including in the United States, and I consent to that transfer (Privacy Policy, section 9).
• I understand I can withdraw this consent (in whole or in part) at any time by writing to NMC, and that if I do, NMC may not be able to keep delivering my coaching safely and may end the Agreement on notice, with a pro-rated refund for unused coaching time (Agreement, clause 19.4).

This consent takes effect on the date you accept it and continues for your coaching relationship with NMC unless you withdraw it.

6. Withdrawing your consent

You can withdraw your consent at any time by emailing coach@nickmirow.com. Withdrawing consent does not affect anything NMC did lawfully before you withdrew it. Withdrawing consent is not the same as deleting your records, NMC must still keep your health records for the minimum period the law requires (section 3 and the Privacy Policy), held securely and used for nothing else.

AI-assisted drafting and analysis is built into how NMC’s services are designed and delivered. If you withdraw your consent to AI processing, NMC cannot continue to provide the service, because coaching delivered without AI assistance is a different scope of work that NMC does not offer. In practice, withdrawing this consent means NMC will end the coaching engagement, for a subscription (Coaching tier) client, on notice with a pro-rated refund for unused coaching time, in the same way as clause 19.4 of the Programme Client Agreement.

7. Accepting this form

I confirm I am 18 years of age or older and am accepting for myself.

If you started with NMC as a junior: once you turn 18, you give this consent in your own right. At the first block boundary on or after your eighteenth birthday, NMC will ask you to accept this Consent Form yourself, in place of your Guardian’s consent, and your coaching continues without interruption (Agreement clause 20.8).

If the athlete is under 18: please do not use this form. The parent or guardian completes the Parental Consent Form instead, it gives the same consent to the athlete’s health and performance data and to AI-assisted processing, and sets out how NMC coaches junior athletes safely.

Accepted by ticking each box in section 5 and submitting the form ☐

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