Terms of Service

Last updated: 14 September 2026

1. About these Terms

These Terms of Service apply when you enquire about, purchase, access or use services provided by Building Better Bodies.

Building Better Bodies is operated by Matt Thomson in Alexandra, Central Otago, New Zealand.

In these Terms, “Building Better Bodies”, “BBB”, “we”, “us” and “our” refer to Building Better Bodies and Matt Thomson. “You” and “client” refer to the person purchasing or receiving the service and, where applicable, their parent or legal guardian.

By purchasing, booking, accessing or using a BBB service, you agree to these Terms. These Terms should be read together with our Privacy Policy and any package information, pricing, expiry period or special conditions displayed before purchase.

Nothing in these Terms excludes or limits rights that cannot lawfully be excluded, including rights under the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986.

2. Our services

BBB services may include:

• the BBB Starter Pack;
• weekly Personal Training;
• casual Personal Training;
• online coaching;
• access to the BBB Training App through Everfit;
• training programmes, check-ins and coaching resources;
• video or telephone coaching calls;
• fitness assessments and progress reviews; and
• other coaching services offered by BBB.

The exact inclusions, price, billing frequency, access period and expiry conditions for a service will be shown on the relevant website page, checkout page, Everfit package or written offer.

Services may be provided at Soul Fitness in Alexandra, another agreed location or remotely through Everfit, WhatsApp or another agreed communication service.

3. Health screening and suitability

You must provide complete and accurate information about matters that may affect your ability to exercise safely, including relevant injuries, medical conditions, medications, symptoms and physical limitations.

You must notify Matt promptly if this information changes.

BBB may require you to complete pre-screening or onboarding forms and may request clearance from an appropriate health professional before training begins or continues.

BBB may decline, postpone, modify or stop an activity where Matt reasonably considers that doing so is necessary for safety or because the activity is outside his professional scope.

BBB provides fitness coaching and Personal Training. It does not provide medical diagnosis, medical treatment, physiotherapy, psychological treatment or nutritional treatment that requires a regulated health professional.

4. Your responsibilities

You agree to:

• provide honest and complete information;
• follow reasonable safety and technique instructions;
• use equipment and training resources appropriately;
• stop exercising and tell Matt if you experience pain, dizziness, unusual shortness of breath or other concerning symptoms;
• obtain medical advice where appropriate;
• attend sessions prepared and on time;
• treat Matt, other clients, facilities and staff respectfully;
• protect your Everfit login and not share your account; and
• use BBB services and materials only for your own personal training.

Physical activity involves inherent risks. BBB will take reasonable care in providing services, but you remain responsible for acting within your abilities, communicating concerns and following appropriate professional advice.

5. Bookings, arrival and session times

Personal Training appointments must be booked or agreed with Matt and are subject to availability.

Please arrive ready to begin at the agreed start time. If you arrive late, the session will normally still finish at its scheduled time because Matt may have other clients or commitments immediately afterwards.

A late arrival does not entitle you to an extension, replacement session or price reduction.

6. Appointment cancellation and rescheduling

You may cancel or reschedule a Personal Training appointment without penalty by giving at least 24 hours’ notice.

The preferred cancellation method is WhatsApp. You may also contact Matt by telephone or text message. Your cancellation is not confirmed until the message has been successfully sent or acknowledged.

If you cancel with less than 24 hours’ notice:

• the full session fee may be charged; or
• a prepaid session credit may be treated as used.

A no-show will normally result in the full session fee being charged or the session credit being used.

Matt may waive a late-cancellation charge or restore a session credit at his reasonable discretion where there is a genuine emergency or unavoidable event.

Where availability permits, Matt may offer a replacement session within 96 hours of the original appointment without an additional cancellation charge. A replacement time is not guaranteed and remains subject to Matt’s availability.

If BBB cancels or cannot provide an agreed appointment, BBB will offer an appropriate replacement appointment, restore the session credit or provide a refund for the affected session where appropriate.

Appointment cancellation is separate from cancelling a recurring subscription or package, which is covered below.

7. Prices and payments

The applicable price and billing frequency are those displayed or agreed when you purchase the service.

Unless expressly stated otherwise:

• payment is required before or at the time the service is supplied;
• recurring services are charged automatically using the payment method connected to your Everfit or payment account;
• you authorise the applicable payment provider to process scheduled charges;
• you are responsible for keeping your payment information current; and
• any applicable taxes or transaction details will be shown during purchase.

BBB may offer payment by Everfit, electronic payment, bank transfer, cash or another agreed method.

BBB may pause future bookings, coaching or app access if a payment is overdue or fails, after giving you a reasonable opportunity to resolve the issue.

8. Subscriptions and recurring billing

Some BBB services renew automatically until cancelled.

The purchase page will identify whether billing occurs weekly, monthly or at another interval.

Online services may be promoted using an approximate weekly equivalent while being billed monthly. Where this occurs:

• the monthly amount shown at checkout is the amount actually charged;
• the weekly figure is provided to help explain the approximate weekly cost;
• the subscription renews each month until cancelled; and
• cancellation takes effect at the end of the current paid monthly billing period.

Weekly Personal Training packages may renew weekly. Cancellation normally takes effect before the next scheduled charge, provided the cancellation request is received before that charge is processed.

To cancel, use the cancellation facility available through Everfit where provided or contact Matt through WhatsApp or email.

Deleting the Everfit app, failing to attend sessions or ceasing to use a programme does not by itself cancel a subscription.

BBB will not charge for a new billing period after a valid cancellation has taken effect.

9. Package periods, session credits and app access

Each package may have a defined period for completing sessions or accessing coaching and app services.

The BBB Starter Pack includes a one-month service and BBB Training App access period. Starter Pack sessions and associated access must be used within one month of the package purchase date unless Matt agrees otherwise.

Casual Personal Training includes the support or app-access period shown at purchase. Where a casual package states that it includes two weeks of support, the included coaching and support entitlement lasts for two weeks, even if technical platform access remains visible for longer.

Weekly Personal Training includes the services and ongoing app access described in the selected package while the applicable subscription remains active and paid.

Online-service access continues during the applicable paid billing period.

Session credits, programmes and access may expire on the date displayed at purchase. Unused sessions or access are not automatically carried forward beyond their stated expiry date unless:

• Matt agrees otherwise;
• a reasonable extension is provided because BBB could not deliver the service; or
• an extension or remedy is required by law.

10. Everfit and other technology

BBB uses Everfit and may use WhatsApp or other third-party platforms to deliver programmes, coaching, messages, bookings and app access.

You may need to create and maintain an account with a third-party platform and comply with that platform’s applicable user terms.

BBB does not control every part of these external services and cannot guarantee uninterrupted platform, internet or device availability.

If a technical problem substantially prevents BBB from providing a paid service, BBB will take reasonable steps to provide an alternative, extend access, restore a credit or offer another appropriate remedy.

You must not attempt to access another client’s information, interfere with a platform or share protected BBB materials through your account.

11. Online coaching and communication

Online coaching depends on timely communication and your reasonable participation.

You are responsible for completing requested forms, providing feedback, advising Matt about problems and booking any included coaching calls.

Where a service includes a monthly coaching call, you are responsible for booking the call within the relevant service period. Unused calls do not automatically carry forward unless agreed with Matt.

WhatsApp is the preferred method for coaching video calls where appropriate. Another agreed service, such as Google Meet or telephone, may be used if necessary.

Response times may vary depending on weekends, public holidays, coaching commitments, illness and emergencies. BBB will respond within a reasonable timeframe but does not provide a continuously monitored emergency or medical-support service.

12. Programme changes and results

BBB may adjust your programme, exercises, coaching approach or training schedule based on your progress, feedback, goals, available equipment, safety and other relevant circumstances.

Training outcomes vary between individuals. Results depend on factors including participation, consistency, health, recovery, nutrition, lifestyle and circumstances outside BBB’s control.

BBB does not guarantee a specific weight, appearance, performance result, competition result, timeframe or health outcome.

Any examples, testimonials or past client results illustrate individual experiences and are not guarantees of your results.

13. Intellectual property

Training programmes, written material, videos, graphics, branding, systems, resources and other content supplied by BBB remain the intellectual property of BBB or the relevant content owner.

BBB grants you a limited, personal, non-transferable right to use supplied materials for your own training during the applicable service or access period.

You must not, without written permission:

• copy or distribute BBB programmes or resources;
• share app access or materials with another person;
• publish or sell BBB content;
• record and distribute coaching calls or sessions; or
• remove branding or claim BBB material as your own.

14. Photographs, videos and testimonials

BBB will not treat your purchase as automatic permission to use your image, video, results or testimonial for marketing.

Where BBB wishes to use identifiable client material publicly, appropriate permission will be requested.

You may withdraw permission for future use by contacting BBB. Withdrawal may not require BBB to recall material already lawfully printed, published or incorporated into completed material, but BBB will take reasonable steps regarding future use.

15. Young clients

A parent or legal guardian may be required to approve services for a client under 18 years old.

The parent or guardian is responsible for:

• providing accurate information;
• ensuring appropriate attendance and communication;
• completing or approving required forms; and
• paying applicable charges.

BBB will communicate directly with a young person where appropriate to their age, maturity, safety and coaching needs while involving their parent or guardian where reasonably necessary.

16. Respectful and safe conduct

BBB may pause or end a session or service where a client:

• behaves abusively, threateningly or unlawfully;
• creates an unreasonable risk to themselves or others;
• repeatedly ignores safety instructions;
• misuses facilities, equipment, accounts or materials;
• repeatedly fails to pay amounts due; or
• provides information that makes the service unsafe or unsuitable.

Where reasonably possible, BBB will explain the concern and provide an opportunity to resolve it.

Any refund or credit will depend on the circumstances, services already supplied, costs reasonably incurred and the client’s rights under New Zealand law.

17. Pausing or ending services

You may end a non-recurring service subject to its package, expiry, cancellation and refund conditions.

Recurring subscriptions may be cancelled as described in Section 8.

BBB may end or decline to renew a service for safety, professional-scope, conduct, payment, availability or operational reasons.

If BBB ends a prepaid service for reasons that are not caused by your conduct or breach, BBB will provide an appropriate credit, alternative service or refund for any material undelivered portion.

18. Refunds and consumer rights

BBB does not automatically provide refunds because a client changes their mind, stops participating, does not use available sessions or fails to use app access before expiry.

However, nothing in these Terms limits the rights and remedies available under New Zealand consumer law.

BBB services will be provided with reasonable care and skill, be reasonably fit for an agreed purpose and be supplied within a reasonable time where no timeframe has been agreed.

If a service does not meet an applicable consumer guarantee, you may be entitled to have the problem remedied, receive an appropriate refund or obtain another remedy depending on the circumstances and applicable law.

Contact Matt promptly if you believe a service has not been supplied as agreed so BBB has a reasonable opportunity to investigate and resolve the concern.

19. Liability

To the maximum extent permitted by law, BBB is not responsible for loss caused by:

• inaccurate, incomplete or withheld information supplied by you;
• failure to follow safety instructions or professional advice;
• use of BBB services or materials by somebody they were not supplied to;
• circumstances outside BBB’s reasonable control; or
• an external platform, device or internet failure that BBB could not reasonably prevent.

BBB’s responsibility will not be excluded or limited where doing so would be unlawful, including liability arising from a failure to meet applicable statutory consumer guarantees.

20. Privacy

BBB collects and handles personal information in accordance with its Privacy Policy and applicable New Zealand privacy law.

The Privacy Policy explains the information BBB collects, why it is collected, the providers that may process it and your rights to request access or correction.

21. Changes to services or Terms

BBB may reasonably update services, prices or these Terms to reflect operational, legal, safety or technology changes.

Changes to pricing or material recurring-service conditions will apply prospectively. Where appropriate, BBB will give affected clients reasonable notice before a material change takes effect.

The current Terms will be published on the BBB website with the latest update date.

22. Complaints and disputes

If you have a concern, please contact Matt first so BBB has an opportunity to resolve it directly and promptly.

The parties should attempt to resolve a dispute reasonably and in good faith.

If a dispute cannot be resolved, either party may use the New Zealand Disputes Tribunal, the courts or another applicable complaint or dispute-resolution process.

23. New Zealand law

These Terms are governed by New Zealand law.

The New Zealand courts and tribunals have jurisdiction, subject to any rights a consumer may have under mandatory applicable law.

24. Contact details

Building Better Bodies

Matt Thomson

Alexandra, Central Otago, New Zealand

Email: info@buildingbetterbodies.co.nz

Phone: +64 21 722 775

Preferred service-contact method: WhatsApp