Terms of service

COACHING TERMS OF SERVICE

Last Updated: June 2026

1. BUSINESS DETAILS

These Terms of Service apply to all coaching services provided by:

Mac Coaching Pty Ltd
ABN: 96 697 836 365

Trading as:
Built By Chocky

Email:
admin@bigchocky.com

By purchasing, subscribing to, accessing, or participating in any Built By Chocky coaching service, training program, nutrition program, membership, challenge, online content, coaching platform, community, or related service, you agree to be bound by these Terms of Service.

If you do not agree to these Terms, you must not purchase or participate in the services.

2. ELIGIBILITY

You must be at least 18 years of age to purchase or participate in our services.

By purchasing a coaching service, you warrant that:

• You have the legal capacity to enter into this agreement.
• Information provided by you is accurate and complete.
• You will notify us of any material changes to your health status.
• You will comply with all onboarding requirements.

3. NATURE OF SERVICES

Built By Chocky provides:

• Online fitness coaching
• Training programs
• Nutrition coaching
• Educational content
• Accountability support
• Community support
• Lifestyle guidance

All information provided is for educational and informational purposes only.

Our services do not constitute:

• Medical advice
• Healthcare services
• Diagnosis
• Treatment
• Physiotherapy
• Psychological counselling
• Dietetic advice
• Any regulated health service

You acknowledge that any decisions regarding exercise, nutrition, supplementation, lifestyle modifications, or health management are your responsibility.

4. MEDICAL CLEARANCE

You acknowledge and agree that:

• Participation in exercise carries inherent risks.
• Participation in nutrition programs may affect health outcomes.
• Certain medical conditions may increase risks associated with exercise or dietary changes.

Before commencing any program you agree that:

• You have consulted an appropriate medical professional where required.
• You have disclosed any relevant medical conditions, injuries, medications, or health concerns.
• You will seek medical advice if symptoms arise during participation.

If we determine participation may pose a risk, we may require medical clearance before continuing services.

5. ASSUMPTION OF RISK

You acknowledge and accept that participation in physical exercise, nutrition programs, coaching activities, challenges, community activities, and related services involves risks including but not limited to:

• Muscle strains
• Joint injuries
• Illness
• Falls
• Cardiovascular events
• Allergic reactions
• Aggravation of existing conditions
• Permanent injury
• Death

You voluntarily assume all risks associated with participation.

6. RELEASE AND WAIVER

To the fullest extent permitted by law, you release and discharge Mac Coaching Pty Ltd, Built By Chocky, Big Chocky, Chris Katelaris, all coaches, contractors, employees, representatives and affiliates from any and all claims, demands, liabilities, actions, damages, losses, costs and expenses arising from:

• Participation in coaching services
• Following training programs
• Following nutrition programs
• Following supplementation recommendations
• Use of community platforms
• Attendance at events
• Reliance on educational information provided

This release applies whether claims arise in contract, tort, negligence or otherwise, except where liability cannot legally be excluded under Australian Consumer Law.

7. INDEMNITY

You agree to indemnify and hold harmless Mac Coaching Pty Ltd, Built By Chocky, Big Chocky, coaches, contractors and representatives against any claim, liability, damage, loss, expense, legal cost or proceeding arising from:

• Your participation in services.
• Breach of these Terms.
• Misuse of information provided.
• Failure to obtain medical advice.
• False or misleading information provided by you.
• Actions taken by third parties arising from your conduct.

8. SUBSCRIPTIONS

Coaching services are provided on a recurring subscription basis.

By subscribing, you authorise recurring payments through our nominated payment provider.

You agree that:

• Payments will be charged automatically.
• You are responsible for ensuring valid payment details remain current.
• Failed payments may result in suspension of services.
• Outstanding balances remain payable.

9. MINIMUM TERM

All coaching subscriptions are subject to a minimum commitment period of twelve (12) weeks.

The minimum term begins on the date your subscription commences.

You may not cancel during the initial 12-week minimum term.

If you stop payments during the minimum term, the remaining balance of the minimum term immediately becomes payable.

10. CANCELLATION

Following completion of the minimum 12-week term:

• A minimum of four (4) weeks written notice is required to cancel.
• Cancellation requests must be submitted to [admin@bigchocky.com](mailto:admin@bigchocky.com).
• Notice periods commence from the date written notice is received.
• Any payments falling due during the notice period remain payable.

No cooling-off period applies.

11. HOLDS AND PAUSES

We may, at our sole discretion, approve temporary membership holds for:

• Serious injury
• Medical circumstances
• Military deployment
• Exceptional personal circumstances

Evidence may be requested.

Approval is not guaranteed.

12. REFUNDS

Unless required under Australian Consumer Law:

• Coaching fees are non-refundable.
• Missed check-ins are non-refundable.
• Failure to follow the program is non-refundable.
• Failure to complete onboarding is non-refundable.
• Change of mind is non-refundable.

13. KAHUNAS PLATFORM

Participation may require access to third-party platforms including Kahunas.

You acknowledge:

• Third-party services are governed by their own terms.
• We are not responsible for third-party outages.
• Access may be suspended if payments are overdue.

14. COMMUNITY STANDARDS

Members must not:

• Harass others.
• Share offensive content.
• Engage in bullying.
• Disrupt the community.
• Share confidential program materials.

We reserve the right to remove members from community platforms immediately without refund for misconduct.

15. INTELLECTUAL PROPERTY

All coaching materials, videos, documents, resources, plans, templates, educational content, branding, logos and program systems remain the property of Mac Coaching Pty Ltd.

You may not:

• Reproduce content.
• Sell content.
• Share content.
• Distribute content.
• Create derivative works.

Without prior written consent.

16. TESTIMONIALS, PROGRESS PHOTOS AND CONTENT

If you voluntarily provide:

• Testimonials
• Reviews
• Progress photos
• Videos
• Social media tags

You grant us a perpetual, worldwide, royalty-free licence to use such content for marketing and promotional purposes unless otherwise agreed in writing.

17. PRIVACY

We collect and use personal information in accordance with our Privacy Policy.

By participating in our services, you consent to the collection, storage and use of personal information necessary to provide coaching services.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Our total liability arising from any claim relating to the services is limited to the total fees paid by you during the previous twelve months.

We are not liable for:

• Loss of profits
• Loss of opportunity
• Indirect loss
• Consequential loss
• Business interruption
• Personal decisions made based on coaching information

Nothing in these Terms excludes rights under Australian Consumer Law that cannot legally be excluded.

19. TERMINATION

We may immediately terminate services if:

• Payments remain outstanding.
• You breach these Terms.
• You engage in abusive conduct.
• Participation creates a safety risk.

Termination does not affect accrued payment obligations.

20. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

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

21. CONTACT

For all enquiries, complaints, cancellation requests and notices:
admin@bigchocky.com

Mac Coaching Pty Ltd
ABN: 96 697 836 365
Trading as Built By Chocky