In this Agreement, unless the context otherwise requires:

 

1. Agreement:

Refers to these Terms of Use, the Welcome Pack, and any weight or training program provided by Elevate with Charlotte, including any waiver or additional agreements that we agree form part of this document.

 

2. App:

Refers to the mobile application provided as part of the software operated by Everfit Technologies Inc. (www.everfit.io), which is utilised by our client to deliver its fitness Programs to customers. The App allows users to access fitness routines, instructional materials, and other features of the Programs in a convenient and user-friendly mobile format.

 

3. Automatic Renewal:

Refers to the automatic extension of a Program subscription for the same term as initially selected, unless the subscription is cancelled in accordance with the terms. Elevate with Charlotte provides advance notice prior to renewal, allowing customers the option to continue or cancel their subscription before the renewal date.

 

4. Black Friday Sale:

Refers to the limited-time discount offer available subject to conditions as outlined in the Black Friday Sale Clause.

 

5. Billing Period:

The recurring time frame in which subscription fees are billed. Depending on the selected subscription, the time frame periods may differ, as specified at the time of purchase.

 

6. Charlotte Hazelwood:

Refers to the individual operating as Elevate with Charlotte, responsible for the creation and delivery of the Program.

 

7. Competition and Consumer Act 2010 (Cth) or CCA:

Refers to the legislation that provides consumer protection in Australia, ensuring goods and services are provided with due care and skill and meet acceptable quality standards.

 

8. Customer, you, or your:

Refers to the individual agreeing to these Terms of Use and participating in the Program.

 

9. Effective Date:

The date on which this Agreement, including the License to use the Program, begins, which may be at the time of the initial purchase or at the time of registration.

 

10. Elevate with Charlotte, we, our, or us:

Refers to Charlotte Emma Hazelwood trading as Elevate with Charlotte, the provider of the Program and License.

 

11. Indemnity:

Refers to your obligation to compensate or hold us harmless against any claims, losses, liabilities, or costs as specified under this Agreement, particularly as a result of your participation in the Program.

 

12. Intellectual Property:

All rights in and to the Program materials, including but not limited to text, graphics, images, videos, designs, training methodologies, logos, trade marks, service marks, trade names, and any other proprietary information owned by Elevate with Charlotte or provided through the Program. These rights are protected by copyright, trademark, and other intellectual property laws.

 

13. License:

A non-exclusive, non-transferable license granted by Elevate with Charlotte, permitting you to access and use the Program for personal purposes, as outlined in this Agreement.

 

14. Medical Clearance:

A formal recommendation or approval from a licensed medical practitioner confirming that you are medically fit to participate in the Program, especially if you have any known health conditions or concerns.

 

15. Onboarding Process:

The customer journey during which subscription options, Program details (including price, term, and payment periods), and specific features are presented. Customers are responsible for reviewing these details and selecting a Program that aligns with their needs. The onboarding process concludes upon confirmation and purchase, at which point the customer agrees to all terms associated with their selected Program, Terms of Use agreement and the subscription.

 

16. Elevate Everyday Subscribers and Customers:

Refers to an individual who has chosen Elevate with Charlotte’s Elevate Everyday Subscription, which provides access to self-guided fitness, strength, and mobility programs, a library of instructional materials, monthly challenges, community engagement, and support through the Elevate with Charlotte app. Access to these resources is billed on a recurring basis as per the selected Program’s price, term, and payment schedule.

 

17. Platform:

The software used to deliver the Program to you, currently operated by Everfit Technologies Inc. (www.everfit.io), including all technical features and maintenance provided by Everfit.

 

18. Premium Coaching Subscribers and Customers:

Refers to an individual who has applied for and been accepted into Elevate with Charlotte’s Premium 1:1 Coaching program. This program offers personalised fitness and nutrition guidance, a customised plan, and ongoing support from a dedicated coach. The Premium Coaching program is available for a specified term with a commitment period, and the associated fees are determined based on the selected price and payment options.

 

19. Price:

The fee payable by you for access to the Program and License, as specified in invoices, quotes, or other advertising materials.

 

20. Privacy Act 1988 (Cth):

Refers to the Australian legislation governing the handling of personal information by organisations, including the collection, storage, and sharing of data related to the Program.

 

21. Program:

Refers to the range of fitness, training, and mobility services provided by Elevate with Charlotte, tailored to meet the varied needs of Premium Coaching and Elevate Everyday subscribers.

 

• Premium Coaching Programs
• offer a personalised, one-on-one coaching experience that includes customised fitness and nutrition guidance, a detailed training plan, direct communication with a dedicated coach, and ongoing, tailored support.
•  
• Elevate Everyday Programs
• provide self-guided access to a comprehensive library of fitness and mobility routines, instructional materials, monthly challenges, and community engagement features.

Each subscription option available under the Elevate Everyday and Premium Coaching subscriptions may vary in term (e.g., monthly, annual), price, payment period (e.g., upfront or instalment), and included features.

 

22. Promotions:

Refers to any time-limited or special discount offers that may be made available to new or existing customers, subject to separate Terms of Use in conjunction with these Terms of Use.

 

23. Renewal Term:

Refers to the subsequent term that begins upon the automatic renewal of your subscription, which continues for the same period as the initial Subscription Term, unless canceled in accordance with the Agreement.

 

24. Stripe:

The third-party payment processor (www.stripe.com) authorised by Elevate with Charlotte to handle payment transactions and store your payment details in compliance with the Privacy Act 1988 (Cth).

 

25. Subscription Term:

Refers to the period of your active subscription, beginning on the Effective Date and continuing until canceled or terminated, according to the terms specified in the Agreement.

 

26. Third-Party Services:

Services, products, or content provided by external parties, which may be accessible or integrated within the Platform but are not controlled, endorsed, or maintained by Elevate with Charlotte.

 

27. User Account:

The individual account created by you to access and use the Program, including login credentials, settings, and any information provided during the sign-up process. You are responsible for maintaining the confidentiality and security of your User Account.

 

2. Key Terms and Highlights

For your convenience we have provided some of the key terms of the agreement in summary. Please review the applicable clauses for clarity.

 

28. Cancellation:

You may cancel your subscription at any time; however, cancellations must be made at least twenty-four (24) hours before the end of the current billing period to avoid renewal. You may cancel through an email to [email protected] or through the App. No partial refunds are provided for cancelled subscriptions (see Clause 19: Cancellations).

 

29. Indemnity:

You agree to indemnify us against all claims, losses, and liabilities as outlined in this Agreement (see Clause 32: Indemnity).

 

30. Liability Disclaimer:

We are not liable for injuries or losses incurred during your participation, except as required by law (see Clause 14: Limitations of Liability and Indemnification).

 

31. Elevate Everyday Subscription:

If you have opted for the Elevate Everyday subscription, your subscription follows a monthly payment cycle, with fees due monthly (see Clause 9).

 

32. Premium Subscription:

Premium Coaching Subscribers and Customers are offered flexible payment options, allowing them to pay the full term in advance, pay 50% upfront, or make split payments as per the payment choice selected (see Clause 8(e): Price and Payment).

 

33. Price:

The price of your subscription is as listed at the time of purchase and may vary based on your subscription term or applicable promotional offers. In the event of a price change, we will notify you 30 days in advance (see Clause 9: Price and Payment).

 

34. Promotions:

Promotional offers and discounts may be available from time to time and are typically limited to new customers unless otherwise specified (see Clause 6: Promotions and Discounts).

 

35. Refunds: All payments made under this subscription are non-refundable, except as required by law (see Clause 19: Refund Policy).

 

36. Subscription Term and Price Variability:

The terms of your subscription, including Price, duration, and renewal, will vary depending on the Program selected. Following the expiry of your initial Program term, your subscription will renew on a month-to-month basis until cancelled.

 

37. Warranties: You warrant that you meet all eligibility and health requirements as stated in this Agreement, including having sought and received medical advice from a qualified medical professional prior to signing up (see Clause 11: Your Warranties).

 

3. Provision of Services

From the date you accept these Terms of Use, we agree to provide you with a non-exclusive, non-transferable License to access the subscription Program for the specified Price. The Program will be accessible through the Platform.

 

4. Subscription Options and Onboarding Process

 

1. Subscription Options:

Elevate with Charlotte offers two main subscription options to suit the varied needs and goals of our customers:

1. Elevate Everyday Subscription: This option provides self-guided access to a range of fitness and mobility programs, allowing flexibility and independence in following workouts. Elevate Everyday Subscribers can access instructional materials, strength and mobility routines, a library of short workouts, and community engagement features, all available through the Elevate with Charlotte app.
2. Premium Coaching Subscription: This option offers a personalised coaching experience, including one-on-one support from a dedicated coach, customised fitness and nutrition strategies, and ongoing tailored guidance. Premium Coaching Subscribers enjoy direct access to their coach and a highly tailored program to help meet their specific goals.
3.  

2. Term and Renewal:

Each Program may be offered for a fixed term (e.g., monthly, annually), which will automatically convert to a month-to-month renewal at the end of the initial term unless cancelled at least twenty-four (24) hours before the end of the current billing period. You may cancel through an email to [email protected] or through the App. Following cancellation, you will retain access for any period already paid for.

3. Onboarding Process:

During the onboarding process, customers will review all available Program and select the one that best fits their needs. The subscription price, payment terms, term length, and other Program-specific conditions are displayed and confirmed at the time of selection.

By confirming their selection and enrolling in a Program, customers acknowledge that they have reviewed and accepted the Program-specific conditions, including all relevant terms of use, price, term, payment period, and automatic renewal.

 

5. Back in Your Body in 8 Weeks — Challenge Terms

 

These Challenge Terms apply in addition to the Terms of Use and form part of the Agreement where a participant purchases or accesses the Back in Your Body in 8 Weeks Challenge.

5.1 Challenge Dates

The Back in Your Body in 8 Weeks Challenge runs from:
Monday, 29 June 2026 – Sunday, 23 August 2026.

5.2 Challenge Access

Standard Challenge Access Includes:

• – Elevate app access during the official challenge period only

– Training program access

– Daily tasks & weekly check-ins

– Educational content

– Access to the official challenge WhatsApp community

•  

VIP Access Includes:

• – All Standard Challenge inclusions, plus:
• – Priority messaging support
• – Onboarding & offboarding calls
• – Video feedback support
•  

Program Only Access:
Program Only participants receive access to the 8 Week Training Program only and are not eligible for:

• – Live calls
• – One-to-one messaging support
• – In-app community access
• – Challenge prizes or giveaways
•  

Program access is available only for the official 8-week challenge period.
All Elevate app access associated with the challenge will end at the conclusion of the challenge period.

5.3 Refund Policy

All purchases are final.
No cancellations, holds, freezes, transfers, or refunds are available for any reason unless required under Australian Consumer Law.

 

5.4 Money-Back Guarantee Eligibility

To be eligible to apply for the money-back guarantee, participants must:

• – Upload Week 1, Week 4 and Week 8 movement videos/photos
• – Submit all 3 required movements: Deep Squat, Pancake, Backbend
• – Complete all required workouts during the challenge
• – Participate in daily tasks and weekly check-ins
• – Complete required progress check-ins
•  

Refund requests will not be approved where participation or progress uploads cannot be verified.

Elevate with Charlotte reserves the right to assess eligibility and movement improvement at its discretion.

5.5 Community Conduct

Participants are expected to engage respectfully within the app, WhatsApp groups, live calls, and community spaces.
Elevate with Charlotte reserves the right to remove participants for inappropriate, abusive, or disruptive behaviour without refund.

 

5.6 Results Disclaimer

Results will vary between individuals.
Participation outcomes depend on consistency, engagement, and individual circumstances.
Participants are responsible for ensuring they are medically fit to participate.

 

5.7 Content Consent

Any photos, videos, testimonials, or progress content shared or submitted during the challenge may only be used by Elevate with Charlotte where participant consent has been provided.

Contact Information

Elevate with Charlotte
Email: [email protected]
Last Updated: May 2026