TEAM NEXT LEVELPlans and prices

Client Service Agreement

Version 1.2. Last updated 23 October 2026.

Contents

1. Parties

This Agreement is between:

Coach: Kurt Dell trading as Team Next Level
ABN: 39 117 460 271
Email: kurt@teamnextlevel.au
Website: www.teamnextlevel.au

Client: the person who accepts this Agreement at sign-up

2. Services

Team Next Level provides online physique coaching services including:

Services are provided by Kurt Dell, an ESSA Accredited Exercise Physiologist with qualifications including Bachelor of Clinical Exercise Physiology, Bachelor of Exercise Science, Bachelor of Science (Pharmacology), and Postgraduate Diploma in Pharmacology.

3. Service Tier and Pricing

Selected Tier: the tier Client selects at sign-up

Tier Weekly Rate Check-in Frequency Response Time
Foundation $69 Fortnightly Seventy-two (72) hours
Performance (Offseason) $99 Fortnightly Forty-eight (48) hours
Performance (Prep) $129 Weekly Twenty-four (24) hours
Elite $279 Weekly, plus daily contact in the last fourteen (14) days before a show and two (2) video calls in peak week Twenty-four (24) hours
Private Client $749 Daily contact Same day

Note: Performance tier Clients automatically transition between Offseason and Prep rates based on competition calendar. See Section 4 for details.

Setup Fee: $199, charged as the first week’s payment in place of the weekly fee for that week, after which the weekly fee applies (waived if Client prepays four (4) or more weeks at commencement, or if Client was referred by a current Team Next Level client). No setup fee applies to Private Client.

Payment Frequency: Weekly, charged automatically via Stripe

Payment Terms: Payment is due in advance for each week of coaching. Failure to maintain current payment may result in suspension of services until the account is brought current.

Price Lock Guarantee: Client’s weekly rate is locked in from the date of signing. If Coach increases prices for new clients, Client remains at their original rate for as long as they remain an active client without gaps in service.

4. Phase-Based Pricing (Performance Tier)

Performance tier Clients transition between Offseason ($99/week) and Prep ($129/week) rates based on their competition calendar:

Transition to Prep Phase

Prep Phase commences on the date Coach confirms in writing (via the Team Next Level app or email) that competition preparation has begun. Coach will provide this confirmation no less than seven (7) days before the rate change takes effect. The transition date is determined by Coach based on the confirmed show date and required preparation timeline, which is typically but not necessarily sixteen (16) weeks prior to competition.

Client Options at Transition

Upon receiving Coach’s prep commencement notification, Client may:

If Client does not respond within seven (7) days of Coach’s prep commencement notification, Client is deemed to have accepted the transition.

Transition to Offseason Phase

Following the four (4) week Reverse Diet Phase, Client automatically transitions back to Offseason pricing. Coach will provide written confirmation of this transition.

Rate changes take effect from the next billing cycle following the relevant notification period.

5. Client Responsibilities

Client agrees to:

6. Health and Safety Acknowledgments

Physical Risk Acknowledgment

Client acknowledges that physical exercise involves inherent risks including but not limited to musculoskeletal injury, cardiovascular events, and physical strain. Client confirms they are physically capable of engaging in exercise and have no known contraindications unless disclosed to Coach.

Medical Advice Disclaimer

Services provided do not constitute medical advice, diagnosis, or treatment. Coach provides exercise and nutrition guidance in his capacity as a Clinical Exercise Physiologist and Coach. For specific medical concerns, Client should consult an appropriate healthcare professional.

Nutrition Guidance Disclaimer

Nutrition guidance provided is general coaching support for physique and performance goals. It does not constitute medical nutrition therapy, clinical dietetic intervention, or treatment for any medical condition including but not limited to diabetes, renal disease, eating disorders, or metabolic conditions. This information is provided in Coach’s capacity as a coach, not as a dietitian. Clients with diagnosed conditions affecting nutritional requirements must obtain guidance from an Accredited Practising Dietitian.

Bloodwork Review Disclaimer

Where Coach reviews Client bloodwork, this review is conducted solely for the purpose of identifying potential exercise contraindications and informing safe exercise prescription within Coach’s scope as an Accredited Exercise Physiologist. This does not constitute medical interpretation, diagnosis, pathology analysis, or treatment advice. All bloodwork results should be discussed with Client’s treating physician or appropriate medical specialist. Coach does not interpret markers outside the scope of exercise prescription safety.

7. Substance Disclosure and Harm Reduction

Purpose of This Section

Effective and safe coaching requires Coach to understand Client’s complete physiological picture, including any substances that may affect training response, recovery, metabolism, or health markers. This section establishes a framework for disclosure that prioritises Client safety while maintaining clear boundaries around Coach’s scope of practice.

Coach’s Position on Performance-Enhancing Substances

Coach does not prescribe, recommend, supply, facilitate access to, or provide dosing advice regarding any pharmaceutical substance, performance-enhancing drug (PED), or controlled substance. Coach does not encourage or condone the use of non-prescribed substances. Coach’s willingness to work with Clients who disclose substance use does not constitute endorsement of that use.

Client Disclosure

To enable safe and effective program design, Client is strongly encouraged to disclose to Coach any substances they are currently using or intend to use during the coaching relationship, including but not limited to:

Client acknowledges that non-disclosure or inaccurate disclosure of substance use may result in programming that is inappropriate for Client’s actual physiological state, which may increase risk of injury, adverse health outcomes, or suboptimal results.

How Coach Uses Disclosure Information

Where Client discloses substance use, Coach may use this information solely to:

What Coach Does Not Provide

For the avoidance of doubt, Coach does not and will not provide:

If Client requests such advice, Coach will decline and may recommend Client consult with a medical practitioner.

Medical Monitoring Recommendation

Coach strongly recommends that any Client using performance-enhancing substances establish a relationship with a medical practitioner who can provide appropriate health monitoring, including but not limited to:

Coach may request evidence of recent medical clearance or health monitoring as a condition of continued coaching where Coach reasonably believes this is necessary for Client safety.

Client acknowledges and agrees that:

Coach’s Right to Decline or Terminate

Coach reserves the right to:

Confidentiality

Information disclosed by Client regarding substance use is treated as confidential health information and is subject to the privacy protections set out in Section 10 of this Agreement. Coach will not disclose this information to third parties except:

8. Cancellation and Refunds

Cancellation by Client

Client may cancel Services at any time by providing seven (7) days’ written notice to Coach via email. Cancellation takes effect at the end of the current paid period following the notice period.

Pause Option: Client may request a temporary pause of Services (for example, for travel, injury, or personal circumstances). Pauses require seven (7) days’ notice and may be held for up to four (4) weeks. Coach will send a reminder to Client’s registered email address seventy-two (72) hours before billing resumes. If Client does not respond or cancel before the pause period ends, billing will resume as scheduled. It is Client’s responsibility to ensure their contact details are current.

Refunds

There is no minimum term, no trial period, no money-back guarantee and no refund for a change of mind. The setup fee, or the payment for four (4) weeks paid up front, covers the work of building Client’s plans. No refunds are provided for partial weeks or unused Services. Client may cancel with seven (7) days’ notice but is not entitled to a refund of fees already paid. Nothing in this section excludes, restricts, or modifies Client’s rights under the Australian Consumer Law (see Section 9).

Cancellation by Coach

Coach reserves the right to terminate the coaching relationship immediately or with such notice as is reasonable in the circumstances if:

In such cases, Coach will provide a pro-rata refund of any prepaid unused services. Coach’s decision to terminate under this clause is final and is not subject to dispute.

9. Limitation of Liability

Consumer Guarantee Acknowledgment

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Services Characterisation

Services are provided as guidance and coaching support, not medical treatment, diagnosis, or clinical intervention.

Exclusions of Liability

To the maximum extent permitted by law, Coach is not liable for:

Assumption of Risk

Client assumes all inherent risks of exercise participation. Coach warrants that programs will be delivered with reasonable care and skill consistent with the standards expected of an Accredited Exercise Physiologist.

Liability Cap

To the extent permitted by law (and subject to the Consumer Guarantee Acknowledgment above), Coach’s total aggregate liability arising from or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, is limited to the fees actually paid by Client in the ninety (90) days preceding any claim.

Indemnity

To the extent permitted by law, Client indemnifies Coach against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising directly from:

This indemnity does not apply to the extent that any claim, loss, or damage is caused or contributed to by Coach’s negligence or breach of this Agreement.

10. Privacy and Data

Information Collected

Coach collects and stores Client information for the purpose of delivering coaching services. This includes:

Health Information

Client acknowledges that health and fitness information, progress photos, and bloodwork results constitute sensitive health information. Client expressly consents to the collection, use, and storage of this sensitive information for the purpose of delivering coaching services.

Lawful Basis for Processing

Coach processes Client data on the following bases:

Data Security

Client information is stored securely using industry-standard encryption and access controls. Progress photos and sensitive health information are stored in access-restricted systems.

Third Party Sharing

Client information is not shared with third parties except:

All third-party service providers are contractually required to maintain confidentiality and data security standards.

Data Retention

Client data is retained for the duration of the coaching relationship and for a period of seven (7) years following termination (consistent with Australian tax and professional record-keeping requirements). Progress photos may be deleted upon request at any time.

Client Rights

Client has the right to:

To exercise any of these rights, Client should contact Coach via email at kurt@teamnextlevel.au.

International Clients

For Clients resident in the European Union or United Kingdom, Coach processes data in compliance with the General Data Protection Regulation (GDPR) and UK GDPR respectively. For Clients resident in New Zealand, Coach processes data in compliance with the New Zealand Privacy Act 2020.

Data Breach Notification

In the event of a data breach that poses a risk to Client’s rights and freedoms, Coach will notify affected Clients and relevant authorities in accordance with applicable law.

11. Intellectual Property and Confidentiality

Ownership of Materials

All training programs, nutrition plans, templates, systems, frameworks, educational materials, and coaching resources provided by Coach (collectively, “Coach Materials”) are and remain the intellectual property of Coach. Coach Materials are protected by copyright and other intellectual property laws.

Licence to Client

Coach grants Client a limited, non-exclusive, non-transferable, revocable licence to use Coach Materials solely for Client’s own personal training and nutrition purposes during the term of this Agreement and thereafter. This licence does not transfer ownership of any intellectual property to Client.

Restrictions on Use

Client agrees not to:

Proprietary Methods and Confidential Information

Client acknowledges that Coach has developed proprietary coaching methodologies, assessment protocols, periodisation systems, and business processes over many years of professional practice (“Proprietary Methods”). During the coaching relationship, Client may be exposed to aspects of these Proprietary Methods.

Client agrees to treat all Proprietary Methods as confidential information and agrees not to:

Distinction: Knowledge vs. Materials

For the avoidance of doubt, this section does not prevent Client from:

The restrictions in this section apply specifically to Coach Materials and Proprietary Methods, not to general industry knowledge or skills Client may develop through their own training experience.

Social Media and Testimonials

Client may share their personal progress, results, and general experience of working with Coach on social media or other platforms, provided that Client does not reproduce Coach Materials or disclose Proprietary Methods. Coach appreciates attribution (such as tagging @kurtdell) but this is not required.

Consequences of Breach

Client acknowledges that breach of this section may cause irreparable harm to Coach’s business for which monetary damages may be inadequate. In the event of breach or threatened breach, Coach reserves the right to:

Survival

The obligations in this section survive termination of this Agreement and continue indefinitely with respect to Coach Materials and Proprietary Methods.

12. Communication

Primary communication occurs via the Team Next Level app and voice notes. Email is used for administrative matters.

Check-In Schedule

Each Client is assigned a check-in day at onboarding. Check-in days are available Monday to Saturday. Coach does not process Foundation or Performance Offseason check-ins on Sundays or public holidays. If a Client’s assigned check-in day falls on a public holiday, Coach will respond on the next available day.

Client’s assigned check-in day may be changed by mutual agreement, subject to Coach’s scheduling capacity.

Response Time Targets

The following response times are targets that Coach endeavours to meet in ordinary circumstances. Response times are measured from the time of Client’s check-in submission on their assigned check-in day (not from Coach’s next business day). Response times may be extended during periods of Coach illness, emergency, travel, or circumstances beyond Coach’s reasonable control. In such cases, Coach will notify affected Clients as soon as practicable via the Team Next Level app or email. Occasional failure to meet response time targets does not constitute a material breach of this Agreement provided Coach maintains reasonable communication with Client.

Response time targets by tier are as follows:

Ad Hoc Communication

For messages outside of scheduled check-ins (questions, updates, concerns), Coach endeavours to respond within a reasonable timeframe consistent with the Client’s tier. Ad hoc messages do not carry the same response time commitments as scheduled check-ins.

All tiers receive adjusted availability during competition peak weeks as required.

Planned Absences

Coach may take planned absences (for example, holidays, professional development, or personal leave) during the coaching relationship. Coach will provide Clients with no less than fourteen (14) days’ notice of any planned absence exceeding three (3) consecutive days.

The following tiers receive uninterrupted service during planned absences, with normal response time targets maintained:

For Foundation and Performance (Offseason) tiers during planned absences:

Coach will notify all Clients of return and confirm resumption of normal availability.

Annual Closure Periods

Coach typically observes reduced availability for Foundation and Performance (Offseason) tiers during the following periods each year:

Specific dates and arrangements will be communicated no less than fourteen (14) days in advance. Performance (Prep), Elite, and Private Client tiers receive normal service during these periods.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of Queensland, Australia.

New Zealand Clients

For clients resident in New Zealand, the provisions of the New Zealand Consumer Guarantees Act 1993 apply to the extent required by that Act, and nothing in this Agreement excludes or limits those guarantees.

International Clients

For clients resident outside Australia, this Agreement is governed by the laws of Queensland, Australia to the maximum extent permitted by the mandatory consumer protection laws of the client’s country of residence. Where the laws of the client’s country of residence provide consumer protections that cannot be excluded by contract, those protections apply to the extent required by law.

Dispute Resolution

The parties agree to attempt to resolve any dispute arising under this Agreement through good faith negotiation before commencing any legal proceedings. Any legal proceedings must be commenced in the courts of Queensland, Australia, and Client submits to the non-exclusive jurisdiction of those courts.

14. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements relating to its subject matter. Any modifications must be in writing and agreed by both parties.

Severability

If any provision of this Agreement is found to be invalid, unenforceable, or void by a court of competent jurisdiction, that provision shall be severed from this Agreement and the remaining provisions shall continue in full force and effect. Where a provision is found to be unenforceable but would be enforceable if modified, the provision shall be deemed modified to the minimum extent necessary to make it enforceable.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to:

Where Coach is affected by a force majeure event:

This clause does not excuse payment obligations for services already rendered.

16. Acknowledgment and Acceptance

By accepting this Agreement (whether by handwritten signature, electronic signature, or ticking the box to accept this Agreement at sign-up on the Team Next Level website), Client confirms that they: