FREEDIVING FAMILY ONE ON ONE COACHING SERVICE - TERMS OF SERVICE
By purchasing or using this service, you (the "Client") agree to these Terms.
By accessing this service, you agree to be bound by these Terms of Service, all applicable laws and regulations, and you accept responsibility for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the service. The materials contained in this service are protected by applicable copyright and trademark law.
1. Description of Coaching
Coaching is a partnership between Freediving Family and the Client in a mutual effort to improve the Client's freediving through breath-training coaching. It is designed to facilitate these improvements through a unique training program created by the Coach based on information and feedback provided by the Client.
Coaching is educational and performance-focused. It is not medical, psychological, or physiotherapy advice, and does not replace care from a qualified professional.
2. Services
For consistency, these Terms define "one month" as 28 days. Coaching is delivered through Zoom calls, and the Coach is available to the Client by email and voicemail between scheduled meetings as defined by Freediving Family. The Coaching Program length is determined by the total number of months purchased through the Freediving Family website.
Freediving Family is responsible for providing the option to attend:
A one-time 30-minute discovery call at the beginning of the coaching relationship.
Four 15-minute check-in calls per month (once per week) to discuss the previous week's progress and adjust the upcoming week's program.
A once-per-week live group training call totaling about an hour.
Freediving Family is also responsible for providing:
Three to four audio recordings of training sessions for the Client to follow, depending on the Client's schedule and ability — determined jointly during the discovery call and reevaluated weekly. Available for the duration of this agreement.
Access to an electronic journal for progress tracking. This information will never be shared beyond Freediving Family and the Client, except in the case of concern for mental health, at which point the appropriate professionals will be contacted.
Access to uninterrupted Zoom calls through a professional subscription.
3. Schedule & Booking
The one-month time frame begins upon completion of the discovery call. The Client is entitled to one 15-minute check-in call every 7 days, scheduled via Freediving Family's scheduling software and subject to availability.
The time of coaching meetings is set by mutual agreement. The Client initiates all scheduled Zoom calls using Freediving Family's scheduling software, and Freediving Family begins the call at the link provided to the Client's email.
4. Eligibility & Medical Fitness
You must be at least 18 (or 16 with written parental/guardian consent). Before training, you will complete a medical questionnaire. You confirm that you have no condition that makes breath-holding unsafe, and you agree to disclose any relevant medical history honestly. If in doubt, obtain medical clearance first. Freediving Family may decline or pause coaching on safety grounds.
5. Assumption of Risk
Breath-holding and freediving are inherently dangerous and can cause hypoxic blackout, loss of motor control, barotrauma, serious injury, or death. You voluntarily accept these risks and take full responsibility for your participation.
6. Safety Rules (non-negotiable)
Because much of this coaching is followed independently between calls, these rules are essential:
Never practice breath-holds in, on, or near water alone. Always have a trained, attentive buddy present and within reach.
Dry and static breath-hold work is done seated or lying down, away from water, hard edges, and hazards.
Dry and static breath-hold work should never be done wearing a nose clip unless a trained, attentive buddy is present and within reach.
You follow the safety instructions provided in your program and recordings, and you stop immediately if you feel unwell.
7. Expectations of the Client
The Client is solely responsible for their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising from the coaching relationship. While Freediving Family will do its best to assist with adherence to the designed training program, it is ultimately up to the Client to take initiative and perform the exercises. The Client agrees that Freediving Family is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided.
The Client acknowledges that coaching is a comprehensive process that may touch on different areas of life, including work, health, and recreation, and that deciding how to handle these issues and implement choices is exclusively the Client's responsibility. To enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully.
The Client may terminate or discontinue the coaching relationship at any time (see Termination).
8. Expectations of Freediving Family
Freediving Family is responsible for designing the training program the Client will use to achieve the goal stated in the Description of Coaching, and for providing all of the items listed in the Services section.
9. Cancellation Policy
The Client agrees that it is the Client's responsibility to notify Freediving Family 48 hours in advance of any scheduled call/meeting that will not be attended. Freediving Family reserves the right not to honor the call if the Client does not reschedule within 7 days of the originally scheduled call, and will attempt in good faith to reschedule the missed meeting.
Freediving Family agrees that it is its responsibility to notify the Client 48 hours in advance of any scheduled call/meeting it cannot attend. Freediving Family will allow the Client to rebook the missed call, including the option to extend coaching by one additional week so the Client receives their total number of coaching calls.
10. Billing & Subscription
The Client is charged the total amount when they purchase the subscription, then the same amount per month until canceled. Freediving Family will send a subscription renewal reminder email to the Client 7 days prior to their renewal date.
11. Termination
Either the Client or Freediving Family may terminate this Agreement at any time with 2 weeks written notice.
12. Refunds
Freediving Family will refund the Client for each full unused month of coaching remaining in the coaching package purchased through the website, minus a $100 AUD maintenance fee. The monthly coaching plan payment is non-refundable.
13. Confidentiality
The Coach–Client relationship is not a legally confidential relationship (like the medical and legal professions), and communications are not subject to the protection of any legally recognized privilege. Freediving Family agrees not to disclose any information pertaining to the Client without the Client's written consent, and will not use the Client's name as a reference without consent.
Confidential Information does not include information that: (a) was in Freediving Family's possession prior to being furnished by the Client; (b) is generally known to the public or in the Client's industry; (c) is obtained from a third party without breach of any obligation to the Client; (d) is independently developed without use of or reference to the Client's confidential information; (e) Freediving Family is required by statute, lawfully issued subpoena, or court order to disclose; (f) is disclosed and, as a result, Freediving Family reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; or (g) involves illegal activity. The Client acknowledges a continuing obligation to raise any confidentiality questions or concerns in a timely manner.
14. Limitation of Liability
Except as expressly provided in this Agreement, Freediving Family makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed upon, and rendered. In no event shall Freediving Family be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages the Client may incur, Freediving Family's entire liability under this Agreement, and the Client's exclusive remedy, shall be limited to the amount actually paid by the Client to Freediving Family for all coaching services rendered through and including the termination date.
15. Indemnification
The Client agrees to hold harmless Freediving Family from any claims arising out of the Client's participation, except as limited above.
16. Intellectual Property
All training plans, audio recordings, meditation and visualization sessions, and other materials provided are for the Client's personal use only for the duration of this agreement, and may not be copied, shared, resold, or distributed without written permission.
17. Entire Agreement & Waiver
This document reflects the entire agreement between Freediving Family and the Client and a complete understanding of the parties with respect to the subject matter. It supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both parties.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision.
18. Governing Law & Changes
These Terms are governed by the laws of Australia without regard to conflict-of-laws principles. Freediving Family may update these Terms from time to time; the current version applies to new purchases and renewals.