Online Coaching Liability Waiver, Risk Warning, Release, Indemnity, Privacy Consent, Marketing Consent and Electronic Signature Agreement

For the Fifth Element Wellness / 5th Element Wellness Online Coaching Program

Last updated: 6th May 2026

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

This agreement is made for the benefit of:

• Fifth Element Wellness Pty Ltd ABN 69 673 824 523; and
• 5th Element Wellness Pty Ltd ABN 49 162 247 467.

Together with each of their directors, officers, shareholders, employees, contractors, coaches, nutritionists, consultants, agents, representatives, related entities, associated businesses, partners, affiliates, successors, assigns and insurers, these entities are referred to in this agreement as 5EW, Fifth Element Wellness, 5th Element Wellness, we, us, our, or the Protected Parties.

Where this agreement refers to 5EW, Fifth Element Wellness, 5th Element Wellness, we, us, our, the business, the supplier, or the Protected Parties, it includes both companies listed above unless the context clearly requires otherwise.

By purchasing, joining, accessing or participating in the Online Coaching Program, I agree to this Liability Waiver, Risk Warning, Release, Indemnity, Privacy Consent, Marketing Consent and Electronic Signature Agreement.

This agreement applies to all services, content and activities provided by or through either or both of the Protected Parties, whether delivered online, through an app, by video, by phone, by email, by message, through a group community, through live calls, through recorded content, through downloadable resources, or otherwise.

I understand that one or both of the Protected Parties may be involved in delivering, administering, promoting, processing payment for, managing or supporting the Online Coaching Program.

The Online Coaching Program may include, without limitation:

• exercise programs, workout plans, demonstrations, instructions and training recommendations;
• nutrition coaching, meal guidance, food tracking, portion guidance, recipes and education;
• habit coaching, lifestyle guidance, sleep, stress and recovery education;
• body composition tracking, weigh-ins, photos, measurements, check-ins and progress reviews;
• group coaching calls, individual communication, app-based support and community discussion;
• health, fitness, nutrition and performance education;
• challenges, targets, tasks and accountability processes;
• suggested use of third-party apps, wearable devices, calculators, trackers or platforms;
• any other related coaching, education, support or resources provided by 5EW.

I understand that this is an online coaching program.

I may be exercising, preparing food, following nutrition guidance, using equipment, training in a gym, training at home, training outdoors, or participating without a 5EW coach physically present.

In this agreement:

Personal injury includes physical injury, mental injury, illness, disease, aggravation, acceleration or recurrence of an injury, illness or disease, adverse health event, medical episode, psychological distress, or death.

Program means the online coaching program and any related coaching, content, advice, plans, resources, calls, challenges, messages, app access, group access, videos or support provided by 5EW.

Recreational services includes physical exercise, fitness training, health and wellness activities, lifestyle coaching, educational activities connected with fitness or recreation, and any other activity supplied by 5EW that involves physical exertion, physical risk, recreation, enjoyment, leisure or improvement of health and fitness.

I confirm that I am physically and mentally capable of participating in the Program.

I confirm that I have disclosed, or will disclose before participating, any health condition, injury, medication, pregnancy, eating disorder history, medical history, allergy, disability, surgery, pain, illness, mental health concern or other factor that may affect my ability to safely participate.

I understand that 5EW relies on the information I provide.

I agree that all health, injury, nutrition, medication and lifestyle information I provide to 5EW will be accurate, complete and current.

I understand that I am responsible for obtaining medical clearance before participating if I have any reason to believe the Program may be unsafe for me.

I agree to seek medical advice before starting or continuing the Program if I:

• have a heart condition, high blood pressure, diabetes, metabolic disease, autoimmune condition, respiratory condition, neurological condition, joint injury, chronic pain or other medical condition;
• am pregnant, breastfeeding, recently pregnant or trying to become pregnant;
• have a history of eating disorders, disordered eating, severe food restriction, binge eating or body image distress;
• take medication that may be affected by exercise, nutrition changes, supplementation, hydration, weight loss or changes in food intake;
• have been advised by a medical professional to avoid or limit exercise, dietary change, weight loss or intensive lifestyle change;
• experience chest pain, dizziness, fainting, unusual shortness of breath, severe headache, severe pain, numbness, heart palpitations, confusion, allergic reaction, or any other concerning symptom.

I understand that I must stop immediately and seek medical assistance if I experience any symptom that may indicate illness, injury or danger.

I understand that 5EW provides health, fitness, nutrition, lifestyle and coaching services.

Unless expressly stated in writing, 5EW does not provide medical advice, diagnosis, medical treatment, mental health treatment, medical nutrition therapy, physiotherapy, dietetic treatment, psychology, counselling, or any other regulated medical or allied health service.

I understand that the Program is not a substitute for advice from a doctor, dietitian, psychologist, psychiatrist, physiotherapist, exercise physiologist or other qualified health professional.

I understand that I should not delay, disregard or replace medical advice because of anything provided in the Program.

I remain responsible for deciding whether any exercise, nutrition, supplementation, recovery, lifestyle or habit recommendation is appropriate for me.

I understand that changes to diet, calories, macronutrients, food choices, hydration, supplements, caffeine, alcohol, meal timing, fasting, food tracking or body weight may carry risks.

These risks may include, without limitation:

• low energy, hunger, fatigue, dizziness, headaches or irritability;
• digestive upset, reflux, bloating, constipation or diarrhoea;
• changes to blood sugar, blood pressure, mood, sleep, menstrual cycle or medication needs;
• allergic reaction or food intolerance;
• worsening of disordered eating behaviours or body image distress;
• adverse reactions to supplements or interactions with medications;
• under-eating, over-restriction, dehydration or excessive weight loss;
• aggravation of an existing medical condition.

I agree that I am responsible for checking food labels, allergens, ingredients, supplement suitability and medical compatibility.

I understand that 5EW may recommend general food, nutrition or supplement strategies, but I remain responsible for confirming that these are safe and suitable for me.

I understand that exercise, physical activity and fitness training involve inherent risks.

These risks may include, without limitation:

• muscle soreness, strains, sprains, tendon injuries and joint injuries;
• back, neck, shoulder, hip, knee, ankle or wrist injuries;
• falls, slips, trips or impact injuries;
• fractures, dislocations, bruising, cuts or abrasions;
• dizziness, fainting, dehydration, overheating or exhaustion;
• cardiac events, breathing difficulties, blood pressure events or other serious medical events;
• aggravation of existing injuries, illness, pain or medical conditions;
• in rare cases, serious injury, permanent disability or death.

I voluntarily accept these risks.

I understand that online coaching means 5EW may not be able to see my technique, environment, equipment, effort level, symptoms or safety risks in real time.

I agree to exercise within my own limits, use proper technique, follow instructions carefully, warm up appropriately, progress gradually, and stop if something feels unsafe.

I am responsible for ensuring that any place where I train is safe and suitable.

This includes ensuring that:

• the space is clear, dry, stable and free from hazards;
• equipment is safe, suitable, correctly assembled and in good working order;
• flooring, lighting, ventilation and temperature are appropriate;
• I have enough room to perform the exercise safely;
• I follow the rules of any gym, facility, park, workplace, home or third-party location I use;
• I do not attempt exercises that are beyond my capability, confidence, equipment or environment.

I understand that 5EW is not responsible for inspecting, maintaining, supervising or controlling my training environment or third-party facilities.

I understand that the Program may use third-party platforms, apps, payment systems, video call services, messaging tools, wearable devices, tracking tools or online communities.

I understand that 5EW is not responsible for:

• outages, errors, bugs, lost data or interruptions caused by third-party platforms;
• inaccurate data from wearable devices, tracking apps, scales or calculators;
• delays caused by internet, device, app or software problems;
• conduct of other users in third-party communities or group environments;
• services, products or facilities supplied by third parties.

I agree to use good judgment when relying on app-generated data, calorie estimates, wearable outputs, body composition estimates, suggested targets or automated calculations.

I understand that 5EW may provide examples, testimonials, targets, case studies, expected outcomes or educational information about fat loss, fitness, health, strength, energy, body composition, habits or performance.

I understand that individual results vary.

I understand that my results may depend on many factors outside 5EW’s control, including genetics, medical history, age, sex, hormones, sleep, stress, medication, injury, adherence, food intake, alcohol intake, training history, work demands, family demands, illness, travel and consistency.

I understand that 5EW does not guarantee that I will lose weight, lose body fat, gain muscle, improve blood markers, reduce visceral fat, improve symptoms, improve energy, improve fitness, or achieve any particular result.

I understand that because this is an online program, 5EW is not physically present to assist me in an emergency.

I am responsible for seeking urgent medical help if required.

In an emergency, I must contact emergency services immediately.

In Australia, this means calling 000.

I understand the nature of the Program and the risks involved.

I voluntarily choose to participate.

I accept all obvious and inherent risks associated with the Program, including risks arising from:

• exercise and physical exertion;
• nutrition changes and dietary restriction;
• body weight change;
• self-directed training;
• lack of in-person supervision;
• use or misuse of equipment;
• training in my own environment or a third-party facility;
• following instructions incorrectly;
• ignoring pain, symptoms, warnings or medical advice;
• failing to provide complete and accurate health information.

To the maximum extent permitted by law, including under section 139A of the Competition and Consumer Act 2010 (Cth), section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), and any other applicable state or territory law, I agree that the Protected Parties exclude, restrict and modify liability for personal injury or death suffered by me arising from, connected with, or in any way related to:

• my participation in the Program;
• the supply of recreational services by 5EW;
• exercise, training, nutrition guidance, lifestyle coaching or any related activity;
• my use of any information, instruction, plan, video, resource, message, call, recommendation or guidance provided by 5EW;
• any failure of the services to comply with statutory guarantees that may otherwise apply, including guarantees that services will be rendered with due care and skill, be reasonably fit for purpose, or achieve a result made known.

To the maximum extent permitted by law, this exclusion applies even if the personal injury or death is caused by negligence, breach of duty, breach of contract or breach of statutory guarantee by one or more of the Protected Parties.

Nothing in this agreement excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified.

This agreement does not apply to the extent that liability cannot be excluded under applicable law, including where death or injury is caused by gross negligence, reckless conduct, or any other conduct that cannot legally be waived.

Separate from the personal injury waiver above, and to the maximum extent permitted by law, I release the Protected Parties from any claim, demand, action, loss, damage, cost, expense or liability arising from or connected with:

• my participation in the Program;
• my use of any Program content, coaching, advice, resources or recommendations;
• my failure to follow instructions, warnings, safety guidance or medical advice;
• my failure to provide accurate, complete and current information;
• my use of third-party facilities, equipment, apps, devices, platforms, products or services;
• my decisions about exercise, nutrition, supplementation, health, training or lifestyle;
• loss of income, loss of opportunity, disappointment, inconvenience, indirect loss, consequential loss or loss of enjoyment.

This clause does not limit any right or remedy that cannot legally be limited.

To the maximum extent permitted by law, I indemnify and agree to keep indemnified the Protected Parties against any claim, demand, action, loss, damage, cost, expense or liability arising from or connected with:

• my breach of this agreement;
• my participation in the Program;
• my failure to follow instructions, warnings, medical advice or safety guidance;
• my failure to disclose relevant health, injury, medical, nutrition, medication or psychological information;
• my misuse of Program content;
• my unsafe use of equipment or training environments;
• any injury, loss or damage I cause to another person;
• any claim made by a third party arising from my conduct.

This indemnity does not apply to the extent liability cannot legally be excluded or where the law does not allow 5EW to be indemnified.

I agree that I will:

• complete all onboarding, health screening and check-in forms honestly;
• update 5EW if my health, injury status, medication, pregnancy status or circumstances change;
• seek medical clearance where appropriate;
• stop exercising if I feel pain, dizziness, chest discomfort, faintness, unusual shortness of breath or other concerning symptoms;
• not follow nutrition or exercise guidance that I know, or should reasonably know, is unsafe for me;
• not share my login, program materials, videos, documents, meal plans, workouts or resources with others;
• treat coaches, staff and other participants respectfully;
• use the Program for personal use only;
• comply with all instructions, community rules and safety guidance issued by 5EW.

The Program is intended for adults aged 18 years and over unless 5EW expressly agrees otherwise in writing.

If a participant is under 18 years of age, a parent or legal guardian must complete all required consent forms and accept responsibility for the minor’s participation.

5EW may refuse, suspend or cancel participation by a minor if it considers the Program unsuitable or if appropriate consent, supervision or medical clearance has not been provided.

Nothing in this agreement excludes, restricts or modifies any rights of a minor that cannot legally be excluded, restricted or modified.

5EW may refuse, pause, suspend or cancel my participation in the Program if 5EW reasonably believes that:

• the Program may be unsafe or unsuitable for me;
• I require medical clearance before continuing;
• I have provided incomplete, inaccurate or misleading information;
• I am not following safety guidance;
• I am engaging in unsafe, abusive, disruptive or inappropriate behaviour;
• I am using the Program in a way that creates risk to myself, 5EW or others.

I understand that 5EW may collect personal information and sensitive information about me for the purpose of delivering the Program, managing my participation, providing coaching, monitoring progress, communicating with me, processing payments, managing safety, improving services, and administering the business.

This may include, without limitation:

• name, contact details and payment information;
• age, sex, height, weight and body measurements;
• progress photos, check-in answers and body composition information;
• health history, injury history, medication information and lifestyle information;
• nutrition, training, sleep, stress, habit and adherence information;
• app data, messages, call participation, recordings and uploaded content;
• testimonials, feedback, reviews and transformation information where I choose to provide it.

I understand that some of this information may be sensitive information, including health information.

I consent to 5EW collecting, storing, using and disclosing this information as reasonably necessary to deliver the Program, manage my safety, communicate with me, administer the business, process payments, comply with legal obligations, and improve 5EW’s services.

I understand that 5EW’s handling of personal information is also governed by its Privacy Policy.

I understand that live calls, group sessions, webinars, online events or coaching sessions may be recorded by 5EW for training, education, quality control, internal review, participant support or replay access.

I understand that if I choose to speak, appear on camera, use my real name, submit questions, post in a group, share progress information, upload photos, provide screenshots, or participate in a group environment, other participants may see or hear that information.

I agree not to record, copy, screenshot, distribute, publish, upload or share Program content, calls, group discussions, coach communication or other participants’ information without written permission from 5EW.

I understand that 5EW may use de-identified or anonymised information for internal education, service improvement, training, reporting or marketing, provided I am not reasonably identifiable.

I consent to the Protected Parties using content that I voluntarily provide, submit, upload, post, send or make available during or in connection with the Program for marketing, advertising, promotional, educational, social media, sales and business purposes.

This content may include, without limitation:

• photos, videos, audio recordings or screenshots;
• testimonials, reviews, feedback and written comments;
• progress photos, transformation photos and comparison images;
• body measurements, weight loss results, body composition changes and other progress markers;
• messages, check-in responses, social media comments, direct messages or app messages;
• my name, image, likeness, voice, words, story and results.

I grant the Protected Parties a worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, edit, crop, publish, display, distribute, communicate, advertise and promote this content in any format or platform, including websites, landing pages, social media, email marketing, paid advertising, print materials, case studies, presentations and internal training materials.

I understand that the Protected Parties may edit, crop, format, caption or adapt the content, provided the use is not misleading or deceptive.

I understand that I will not be entitled to payment, royalties, approval rights or compensation for the use of this content.

I understand that once content is published online, it may be copied, shared, saved or redistributed by others outside the Protected Parties’ control.

I confirm that any content I provide is genuine, accurate to the best of my knowledge, and does not infringe the rights of any other person.

I understand that I may withdraw consent for future use by contacting 5EW in writing. However, I understand that withdrawal may not affect content already published, printed, scheduled, distributed, relied upon, or incorporated into existing marketing materials before 5EW receives and processes my withdrawal.

All Program materials, videos, documents, workouts, recipes, meal guidance, frameworks, methods, recordings, messages, resources and content are owned by or licensed to 5EW.

I am granted a personal, non-transferable, non-exclusive licence to use Program materials for my own personal participation in the Program.

I must not copy, share, sell, reproduce, publish, teach, distribute, upload, modify or commercially exploit Program content without written permission from 5EW.

If any part of this agreement is found to be invalid, void or unenforceable, that part will be read down or severed to the minimum extent necessary.

The remaining parts of this agreement continue to apply.

This agreement is governed by the laws of Victoria, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

This agreement is intended to be accepted and signed electronically.

I agree that any one of the following actions is sufficient to confirm my acceptance of this agreement and to create a binding agreement between me and the Protected Parties:

• ticking a checkbox confirming that I agree;
• clicking “I agree”, “Accept”, “Submit”, “Join”, “Purchase”, “Continue” or similar;
• typing my name into an online form;
• applying a digital or electronic signature;
• submitting an onboarding form;
• purchasing the Program after being shown this agreement;
• creating an account after being shown this agreement;
• accessing Program materials after being shown this agreement.

If I complete either a checkbox acceptance or a digital/electronic signature, I confirm that:

• I have read and understood this agreement;
• I intend to be legally bound by it;
• my electronic acceptance is my electronic signature;
• my electronic acceptance has the same effect as signing a paper copy by hand;
• I consent to the Protected Parties keeping an electronic record of my acceptance.

The Protected Parties may rely on electronic records showing my acceptance, including my name, email address, phone number, IP address, timestamp, payment record, form submission, checkbox response, digital signature, account creation, app access, version of the agreement accepted, and related onboarding records.

By ticking the relevant checkbox, applying an electronic signature, submitting this form, purchasing the Program, creating an account, accessing Program content, or otherwise participating in the Program, I confirm that:

• I have read and understood this agreement;
• I understand that the Program involves exercise, nutrition and health-related risks;
• I understand that this agreement may affect my legal rights;
• I understand that I am responsible for my own health, safety and medical clearance;
• I understand that 5EW does not guarantee results;
• I agree to the Liability Waiver, Risk Warning, Release, Indemnity, Privacy/Health Information Consent, Marketing Content Consent and Electronic Signature Terms;
• I voluntarily agree to be bound by this agreement.