Terms of Service

Terms of Service

These Terms of Service apply to the namuh Performance Consulting website, downloadable training programs, free resources, fitness-testing resources, planners, guides and related digital content.

In these Terms, “namuh”, “we”, “us” and “our” mean namuh Performance Consulting, operated by Matthew Stevens, ABN 48 783 005 009.

By purchasing, accessing, downloading or using our products or resources, you agree to these Terms.

1. Acceptance of these Terms

You enter into this agreement voluntarily.

By purchasing, downloading, accessing or using a product or resource, you confirm that:

• you have read and understood these Terms, including the Health and Risk Warning;

• you understand that exercise and fitness testing involve inherent risks;

• you accept responsibility for determining whether a program is suitable for you;

• you agree to follow the safety requirements contained in these Terms; and

• you are legally capable of entering into this agreement.

If you do not agree to these Terms, you must not purchase, download or use our products or resources.

2. Products and resources covered

These Terms cover:

• paid downloadable training programs;

• free two-week starter programs;

• interactive and printable training planners;

• program guides and logbooks;

• fitness-testing guides and resources;

• exercise instructions, videos and demonstrations;

• website information; and

• other digital resources provided by namuh.

Unless expressly agreed in writing, purchasing or downloading a product does not include personal coaching, supervision, technique assessment, rehabilitation, medical screening or individual program modification.

Personalised coaching, testing, workshops and other directly delivered services may require an additional service agreement, health-screening form or informed-consent document.

3. General information—not individual medical advice

Our downloadable products provide general educational and training guidance. They are not individually prescribed medical, physiotherapy, rehabilitation, psychological, nutritional or other healthcare advice.

A program cannot account for every user’s:

• medical history;

• current fitness;

• previous injuries;

• medications;

• pregnancy or post-partum status;

• disability;

• training experience;

• movement competency;

• equipment access;

• recovery capacity; or

• sporting, occupational and lifestyle demands.

Nothing in a product establishes a doctor–patient, physiotherapist–patient or other clinical relationship.

4. Your health responsibilities

Before beginning a program, you are responsible for determining whether you are medically and physically able to participate.

You should complete an appropriate pre-exercise screening process and seek clearance from a suitably qualified healthcare professional where necessary.

You must obtain professional advice before participating if you:

• have a diagnosed medical condition;

• have experienced chest pain, fainting, unexplained dizziness or unusual breathlessness;

• have a heart, circulatory, respiratory, neurological or metabolic condition;

• are pregnant, recently post-partum or recovering from surgery;

• have a current or recurring injury, pain or movement restriction;

• take medication that may affect exercise tolerance;

• have been advised to restrict physical activity; or

• are uncertain whether an exercise or program is appropriate.

You must not use a program as a substitute for diagnosis, treatment, rehabilitation or advice from a qualified healthcare professional.

5. Health and risk warning

Physical training and fitness testing involve inherent and sometimes unavoidable risks.

These risks may include:

• muscle, tendon, ligament, joint or bone injury;

• aggravation or recurrence of an existing injury or medical condition;

• falls, collisions or loss of balance;

• incorrect technique or inappropriate load selection;

• equipment failure or unsafe facilities;

• dehydration, heat illness or environmental exposure;

• dizziness, fainting, abnormal blood-pressure responses or cardiovascular events;

• delayed-onset muscle soreness, fatigue or overtraining;

• psychological distress; and

• serious injury, permanent disability or death.

Some risks may arise suddenly and without warning, even when instructions are followed.

By choosing to participate, you acknowledge these risks and voluntarily accept the ordinary and inherent risks associated with exercise, training and fitness testing.

6. Exercising voluntarily and at your own level

You decide whether to begin, continue, modify or stop any exercise or session.

You are responsible for:

• selecting appropriate loads, speeds, distances and training intensity;

• progressing only when you can safely complete the current level;

• using correct technique;

• arranging appropriate instruction or supervision where required;

• ensuring equipment is suitable, maintained and correctly set up;

• ensuring your training environment is safe;

• using an appropriate warm-up and recovery process;

• allowing adequate rest between sessions; and

• avoiding training while ill, injured, excessively fatigued or affected by alcohol, drugs or medication that impairs safe participation.

Do not attempt an exercise merely because it appears in a program. If you cannot perform it safely, stop and obtain appropriate guidance.

7. Warning signs during exercise

Stop exercising immediately if you experience chest pain, fainting, severe dizziness, unusual shortness of breath, sudden weakness, loss of coordination, severe or rapidly increasing pain, or any other concerning symptom.

Seek urgent medical assistance where appropriate. In an emergency, contact emergency services.

Continuing to exercise despite pain, illness, warning symptoms or professional advice is your own decision and may substantially increase your risk.

8. Fitness testing

Fitness-testing resources describe general procedures and are not a guarantee that unsupervised testing is safe or appropriate.

Maximal or near-maximal testing can impose significant physical stress. Tests requiring maximal effort, heavy resistance, repeated sprinting, exhaustive running or other demanding activity should only be undertaken when appropriate for the participant and environment.

You are responsible for arranging qualified supervision, emergency procedures and medical clearance where the nature of the test or your circumstances require them.

9. Users under 18

A person under 18 must not purchase or independently use a program without the informed permission of their parent or legal guardian.

Where a product is used by a person under 18, the parent or guardian:

• accepts these Terms on the minor’s behalf;

• confirms that the program is age-appropriate;

• accepts responsibility for arranging appropriate supervision;

• must ensure that exercises, loads and equipment are suitable; and

• must obtain medical or professional clearance where appropriate.

Programs intended for adults must not be provided to a minor merely because the minor is experienced in sport or training.

10. No guarantee of results

Training responses vary between individuals.

We do not guarantee:

• a particular improvement in strength, fitness, speed, body composition or performance;

• selection for a sporting team or organisation;

• success in a Defence Force or employment fitness assessment;

• completion of a running event;

• freedom from injury;

• that every exercise will be suitable for every user; or

• results within a particular period.

Results depend on factors outside our control, including health, training history, adherence, nutrition, sleep, stress, recovery and other physical activity.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by law.

12. Recreational-services exclusion and voluntary assumption of risk

To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth) where applicable, you agree that any consumer guarantees applying to recreational services supplied by namuh are excluded, restricted or modified only to the extent that liability relates to:

• death;

• physical or mental injury, including the aggravation, acceleration or recurrence of an injury;

• the contraction, aggravation or acceleration of a disease; or

• another harmful or disadvantageous condition arising from participation in physical training, exercise or fitness testing.

This exclusion does not apply where it is prohibited by law, including where significant personal injury is caused by reckless conduct as defined by applicable legislation.

You acknowledge that you participate voluntarily and assume the ordinary, obvious and inherent risks associated with your chosen activity.

13. Release from particular claims

To the maximum extent permitted by law, you release namuh and its owners, employees, contractors and agents from claims arising from:

• an inherent or obvious risk of physical activity;

• your failure to disclose or properly consider a medical condition or injury;

• exercising contrary to medical or professional advice;

• using inappropriate loads, intensity, technique or equipment;

• failing to follow program instructions or safety warnings;

• modifying a program without suitable knowledge or advice;

• using a program in an unsafe environment;

• allowing another person to use your purchased product; or

• using a product for a purpose for which it was not designed.

This release does not exclude liability that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, namuh is not liable for indirect, incidental, special or consequential loss arising from the use or inability to use a product.

Where the law permits liability for a failure to comply with a guarantee to be limited, our liability will be limited, at our option, to:

• supplying the relevant product or service again; or

• paying the reasonable cost of having it supplied again.

Nothing in this section limits liability where doing so would be unlawful or would make the term unfair or unenforceable.

15. Digital access and compatibility

You are responsible for having a compatible device, internet connection and software capable of opening the supplied files.

Interactive PDF features may require Adobe Acrobat or another compatible application. Performance may differ between devices, browsers and applications.

You should download and securely save purchased files promptly. Unless otherwise stated, we do not guarantee permanent online access to previously supplied download links.

16. Personal-use licence

When you purchase or receive a product, we grant you a limited, personal, non-exclusive, non-transferable licence to use it for your own training.

You must not:

• share, forward, upload or distribute the files;

• sell, sublicense or commercially exploit the product;

• remove copyright or branding;

• reproduce substantial parts of the product;

• provide the product to a team, gym, club, school or organisation without permission;

• use the product to coach paying clients; or

• represent the product as your own work.

Separate written permission or a commercial licence is required for organisational, team or professional use.

17. Third-party content and facilities

Products may reference third-party websites, videos, applications, equipment or facilities. These are provided for convenience only.

We do not control third-party content, privacy practices, equipment maintenance or facility safety and are not responsible for loss caused by those third parties, except where responsibility cannot lawfully be excluded.

18. Prices, payment and refunds

Prices are displayed in Australian dollars unless stated otherwise. Payment may be processed by an external payment provider subject to that provider’s terms.

Because digital products are made available immediately and free starter resources allow customers to assess the style and structure before purchasing, we do not provide refunds for change of mind, mistaken purchases, failure to use a product or dissatisfaction with training results.

This does not limit any refund, replacement or other remedy required under the Australian Consumer Law.

Our Refund Policy forms part of these Terms.

19. Indemnity for misuse

To the extent permitted by law, you agree to indemnify namuh against third-party claims, losses or reasonable costs arising directly from:

• your unlawful distribution or commercial use of a product;

• your material breach of these Terms;

• your fraudulent or unlawful conduct; or

• your deliberate misuse of a product.

This indemnity does not apply to the extent that a loss was caused or contributed to by our negligence, reckless conduct or breach of a non-excludable legal obligation.

20. Changes and availability

We may correct errors, update products or change these Terms when reasonably necessary.

Changes will not retrospectively remove rights that have already accrued. The Terms displayed or accepted at the time of purchase will generally apply to that purchase.

We may withdraw access where a product is being unlawfully distributed, misused or accessed in breach of these Terms.

21. Privacy

Personal information is handled in accordance with our Privacy Policy.

Payment information is generally processed by the relevant payment provider and is subject to that provider’s privacy and security practices.

22. Governing law

These Terms are governed by the laws of Queensland, Australia, and applicable Commonwealth legislation.

The parties submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from them, subject to any mandatory consumer rights applying in another jurisdiction.

23. Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be read down or removed to the minimum extent necessary. The remaining provisions will continue to operate.

24. Contact

Questions concerning these Terms can be sent to:

namuh Performance Consulting
Website: https://www.namuhatg.com
Email: matt@namuhatg.com