Participation Agreement
Participation Agreement for Naomi Turvey — Release of Liability, Waiver of Claims and Assumption of Risk
J Turvey & N.H Turvey | ABN: 88 998 763 712 Trading as Naomi Turvey
To our Valued Client,
This contract states the Terms and Conditions for the Client's upcoming online programme with Naomi Turvey, if you, the Client wish to proceed. Please read this contract carefully before clicking the Accept Terms and Conditions checkbox on our website. In checking this box, the Client confirms to agree with these Terms and Conditions for the duration of their programme with Naomi Turvey.
Definitions In this agreement:
a) The term "ATHLETIC ACTIVITY" OR "ATHLETIC ACTIVITIES" OR "TRAINING" includes but is not limited to personal training, fitness sessions, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, weight lifting, strength conditioning, metabolic conditioning, plyometric movements, interval training, bodyweight conditioning, skipping, stretching, outdoor running and training in parks, recreational areas, playgrounds, car parks, trails and sidewalks, sports programs, clinics, seminars, sports massage treatments and services provided to the member/participant by Naomi Turvey.
b) The term "INJURY" shall refer to all forms of physical, mental and emotional injury in any way related to athletic activity and training activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.
c) The name "NAOMI TURVEY" OR "NAOMI TURVEY COACHING" OR "THE COACHES" shall refer to the business supplying the services attached to this website.
Waiver and Release of Liability Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of athletic activities, physical training and massage treatments. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).
I understand that the training may involve weightlifting, strenuous bodyweight exercises and other high exertion cardiovascular activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training session. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my coach or staff member.
I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or session while at, or under direction of Naomi Turvey.
I am aware that this agreement is ongoing and will apply to all future occasions I participate in athletic activities and training with Naomi Turvey.
I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I warrant that I am physically and mentally well enough to proceed with usage of the facility.
Release In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Naomi Turvey, I, the undersigned hereby release Naomi Turvey, their principals, agents, employees, coaches, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I give permission for Naomi Turvey staff and coaches to seek emergency medical services for me should I become injured or ill, with the understanding that I am responsible for any expense incurred. If I am signing on behalf of a minor child, I also give full permission for any person connected with Naomi Turvey to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
Indemnification The member/participant recognises that there is risk involved in the types of activities offered by Naomi Turvey. Therefore the member/participant accepts financial responsibility for any injury that the member/participant may cause either to him/herself or to any other member/participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Naomi Turvey, their principals, agents, employees, coaches, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Naomi Turvey.
Acceptance of Terms By purchasing, enrolling in, accessing, or commencing any Naomi Turvey programme or service, the Client acknowledges that they have read, understood, and agree to be bound by the Terms and Conditions contained within this agreement, whether or not a physical signature has been provided. Accessing programme materials, participating in coaching, or commencing the programme constitutes acceptance of these Terms and Conditions.
Payment Acknowledgement In order to commence a Naomi Turvey programme, the Client agrees to pay the package fee in full. The payment is non-refundable if the Client should cancel or cease the programme provided. If the client is honoured a payment plan option, the Client agrees to pay the instalments in full irrespective of whether the Client should cancel or cease the programme. If a payment plan is offered and accepted, the Client remains responsible for completing all scheduled payments regardless of participation level, programme completion, or personal circumstances. Failure to complete scheduled payments may result in recovery action. By purchasing a Naomi Turvey package, the Client acknowledges that they are purchasing access to professional coaching systems, educational materials, programme resources, and structured guidance. The Client understands that results are dependent upon their own effort, consistency, and adherence to the programme. Because immediate access to proprietary digital resources and coaching systems is provided upon purchase, all payments made are final. The Client agrees not to initiate payment disputes, chargebacks, or reversals for services delivered in accordance with this agreement.
Programme Commencement Access to Naomi Turvey programme materials, resources, or coaching constitutes commencement of services. Programme materials are delivered digitally via the Naomi Turvey member area at naomiturvey.com.au, The Circle community platform, PDF documents, email communications, and any other digital delivery method specified at the time of purchase.
Refund Policy All Naomi Turvey programmes and memberships are non-refundable once purchased. Due to the digital nature of the programmes and the immediate allocation of coaching resources, refunds are not provided for:
Change of mind
Lack of participation
Failure to complete the programme
Travel or personal circumstances
Dissatisfaction resulting from failure to follow programme instructions
By commencing the programme, the Client acknowledges that they have purchased access to professional systems, resources and coaching expertise rather than a guaranteed outcome.
Membership Cancellation The Circle membership may be cancelled at any time by providing written notice to naomi@naomiturvey.com.au. Cancellation will take effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period. Access to membership content and community will remain active until the end of the paid period.
Package Content The chosen Naomi Turvey programme content will be delivered to the Client via an online format through the Naomi Turvey member area at naomiturvey.com.au, The Circle community platform, PDF documents, emails, and any other digital delivery method specified at the time of purchase. All files and programmes are designed by Naomi Turvey and remain the property of Naomi Turvey at all times and may not be copied or distributed. The Client is expected to submit their tracking statistics and progress information as per programme guidelines. All Client information is kept strictly confidential at all times. Naomi Turvey programmes are structured transformation systems designed to guide clients through a proven process. The Elite Circle private coaching programme is individually customised as explicitly stated in the package description.
Scope of Coaching Support Naomi Turvey programmes are structured systems designed to guide clients through the transformation process using established frameworks, resources, and educational materials. The level of direct coaching access, communication, and personalisation varies by programme tier as explicitly stated in each package description. Unless specifically stated in the purchased package, continuous personalised coaching, daily communication, or unlimited feedback is not included.
Programme Structure and Customisation Naomi Turvey provides professionally designed training and nutrition systems developed through extensive professional experience and industry expertise. Programmes at Layers 1, 2 and 3 are structured systems designed to produce effective results for the majority of clients when followed correctly. Layer 4 Inner Circle and Inner Circle VIP programmes include group coaching with bi-weekly or weekly calls as specified. Layer 5 Elite Circle includes fully individualised programming as explicitly stated. Where appropriate, Naomi Turvey coaches may provide additional guidance, modifications or adjustments during the course of the programme at their discretion and subject to availability.
Communication and Support Naomi Turvey packages include access to resources, guidance and structured programme material as outlined within the purchased package. The level of direct communication access varies by programme tier. Layer 5 Elite Circle clients receive daily WhatsApp support Monday to Friday as explicitly stated. All other tiers receive support as outlined in their respective package descriptions. Additional communication outside the scope of the package is not guaranteed and may not always be available. Where additional support is provided by Naomi Turvey coaches, this is offered as a goodwill service and should not be interpreted as an included component of the package unless explicitly stated.
Digital Platform Terms Programme content is delivered via the Naomi Turvey member area at naomiturvey.com.au and The Circle community platform. Access to these platforms is subject to the terms of service of each respective platform. Naomi Turvey is not responsible for temporary unavailability of third party platforms due to maintenance, technical issues or circumstances outside of Naomi Turvey's control. In the event of extended platform unavailability Naomi Turvey will make reasonable efforts to deliver programme content through alternative means.
Client Communication and Conduct Naomi Turvey values respectful and constructive communication with all clients. If a Client has questions, concerns, or dissatisfaction regarding any aspect of their programme or service, the Client agrees to communicate these matters directly with Naomi Turvey in a respectful and professional manner so that a reasonable opportunity may be provided to address the concern. The Client agrees that all correspondence with Naomi Turvey, its coaches, staff, and community members will remain respectful and appropriate at all times. Aggressive, abusive, threatening, defamatory, or harassing communication may result in termination of access to services and programme materials at the discretion of Naomi Turvey. Naomi Turvey reserves the right to determine what constitutes inappropriate conduct.
Live Coaching Sessions Naomi Turvey offers live group coaching sessions, masterclasses, and community calls as part of various programme tiers. The frequency and format of live sessions varies by programme as specified in each package description. Sessions are hosted via The Circle platform or such other platform as notified by Naomi Turvey. Session times, dates, and formats may be adjusted periodically to accommodate operational requirements. Recorded replays will be made available where possible.
Time Naomi Turvey coaches endeavour to create and deliver the Client's programme content within 7 days from programme sign up where applicable. More complex package designs including the Elite Circle may require an initial onboarding period. The aim of Naomi Turvey is to serve their Clients in an efficient and timely manner and in turn we expect the Client to maintain regular progress communication to enable this high level of service to remain at optimum.
Programme Duration and Pauses Naomi Turvey programmes operate over a fixed duration as specified at the time of purchase. The programme duration continues regardless of client travel, holidays, illness, scheduling conflicts or temporary inactivity. Naomi Turvey programmes do not include pause or suspension options unless explicitly agreed in writing by Naomi Turvey coaches. Where an extension or accommodation is provided, it is offered solely at the discretion of Naomi Turvey and should not be considered a standard entitlement.
Content and Intellectual Property Naomi Turvey owns full copyright to any and all programmes, training plans, nutrition systems, audio content, video content, written materials and resources created. The Client is free to use their programme content for their own personal transformation purposes. The Client may not copy, reproduce, distribute, sell, share or make available to any third party any Naomi Turvey programme content, materials or resources in any format without prior written permission from Naomi Turvey. Breach of this clause may result in immediate termination of access and legal action.
Health It is the responsibility of the client to seek medical advice from a General Practitioner before commencing any Naomi Turvey programme. Naomi Turvey will not be liable for any illness or injuries incurred by the Client. Clients with pre-existing medical conditions, injuries or health concerns are advised to obtain medical clearance prior to commencing any training or nutrition programme.
Refusal of Service Naomi Turvey and any of its staff reserve the right to refuse service to a client if it is believed necessary to do so given the information available to them. This refusal will be communicated to the client in writing as soon as it becomes apparent to the representative of Naomi Turvey, and payments will be cancelled immediately. Examples for refusal of service include, but are not limited to:
Inappropriate language
Bullying behaviour
Unreasonable demands
Social media defamation or threats
Conduct detrimental to the Naomi Turvey community
Tracking and Progress In order for Naomi Turvey to apply suitable progress updates to training and nutrition programmes where applicable, the Client is required to submit progress information as outlined in their programme guidelines. This may include weekly measurements, progress photographs and biofeedback markers. Despite complete confidentiality of all Client data, the Client is welcome to submit their progress photographs excluding their face from the photo if they wish to do so.
Client Participation and Responsibility The success of any Naomi Turvey programme is dependent on the client's commitment, consistency and adherence to the programme guidelines. The Client acknowledges that results cannot be guaranteed and depend significantly on the client's effort, honesty, participation and consistency. Failure to follow the programme, failure to submit progress tracking where required, or failure to maintain communication with the coaches may impact results and does not constitute grounds for refund, dispute or complaint.
Sports Massage The Client acknowledges that Naomi Turvey coaches are professionally trained Sports Massage Therapists and expect courteous and respectful treatment at all times. It is the responsibility of the client to submit all health and injury information to the therapist and to seek medical approval from a GP before commencing a treatment. The client will behave in an appropriate manner at all times. The therapist reserves the right to terminate or refuse treatment at any time should they feel they are being treated inappropriately or asked for an inappropriate service. The client releases Naomi Turvey from any responsibility should the client incur injury from the treatment and assumes full responsibility for the risks and outcome the client exposes themselves to from this service.
Supplements The client accepts that Naomi Turvey may recommend or supply Australian made sports supplements manufactured by a third party and has no involvement with the production of these supplements. The client accepts they purchase and consume these supplements at their own risk as they would from a physical sports supplement or health food retailer. Naomi Turvey makes no guarantees regarding the outcome of supplement use.
Commitment Our Clients' personal health and body transformation goals are our greatest priority and as such we endeavour to provide a high quality, professional service for the duration of the package purchased. In turn we expect our clients to maintain a high level of honesty and commitment throughout their transformation journey.
Client Conduct Clients agree to communicate any concerns or dissatisfaction directly with Naomi Turvey prior to making public complaints or online statements. Harassment, abusive communication, threatening behaviour, or defamatory conduct toward Naomi Turvey, its coaches, staff, or community members may result in termination of access to services and programme materials at the discretion of Naomi Turvey.
Results Disclaimer While Naomi Turvey designs programmes using professional expertise intended to support body composition improvement, nervous system regulation, hormonal health and overall wellbeing, individual results may vary significantly. Naomi Turvey makes no guarantees regarding specific weight loss, body composition changes, nervous system outcomes or health results. Testimonials and case studies presented represent individual experiences and are not a guarantee of results.
Privacy Naomi Turvey is committed to protecting the privacy of all clients. Personal information collected during the programme is used solely for the purpose of delivering coaching services and will not be shared with third parties without the Client's consent except where required by law. Client progress photographs, testimonials and case studies will not be used for marketing purposes without the explicit written consent of the Client.
Governing Law This agreement is governed by the laws of Queensland, Australia. Any disputes arising from this agreement shall be subject to the jurisdiction of the courts of Queensland, Australia.
Signing By signing this document, clicking the acceptance checkbox, or commencing access to programme materials, you acknowledge that you have read and understood this agreement in its entirety. You understand that this agreement waives certain legal rights including the right to sue. You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Act 2003. YOU ARE PARTICIPATING AT YOUR OWN RISK.
I have read and understood the foregoing assumption of risk and release of liability and I understand that by agreeing to these terms I am waiving valuable legal rights. I recognise that the coaches and staff members are not able to provide me with medical advice with regard to my fitness, and that programme information is used as a guideline to the limitations of my ability to exercise. I confirm that I have read and understand the Release of Liability, Waiver of Claims and Assumption of Risk above.
Naomi Turvey and Jerry Turvey
Naomi Turvey coaching