Terms of Service

Equilibria Collective Pty Limited (ACN 695 621 160)

These Terms and Conditions apply to all services provided by Equilibria Collective Pty Limited (ACN 695 621 160), trading as Ella Thurston Coaching. By engaging our services, you agree to comply with and be bound by these Terms and Conditions, our Privacy Policy, and any other terms that govern your relationship with us. If you do not accept these terms, you must refrain from using our services. Your acceptance is confirmed by booking a consultation or purchasing a service. These Terms and Conditions apply to individual coaching and consulting clients of Equilibria Collective only and do not apply to corporate or organisational engagements.

Amendments to Terms

We reserve the right to amend these Terms and Conditions at any time. Amendments will be effective immediately upon publication on our website, booking platform or through direct communication. Your continued use of our services following such publication will represent an agreement to be bound by the amended terms.

Service Inclusions and Payment Terms

We offer a range of integrative coaching services, including but not limited to nutrition coaching, inner work coaching, breathwork facilitations, leadership coaching, group programs, and digital resources. The exact nature, scope, and format of our services may be updated or modified from time to time to reflect changes in practice, client needs, or service delivery improvements.

The services currently offered are listed below, however, we reserve the right to amend, add to, or remove services at our discretion. If we make any material changes to the services offered, we will notify you accordingly.

Session-by-Session Coaching

  • 30, 60, or 90-minute coaching session

  • Payment: Payment is required prior to or at the time of each coaching session. You will receive an invoice via our secure third-party payment provider. We reserve the right to change our payment provider at any time. All payments must be made in full within 7 days of the invoice date unless otherwise agreed in writing.

E-books, recipes and digital guides

  • Digital products including e-books, recipe collections, journal templates, leadership guides, inner work guides, and other resources are provided for general information and are for personal use only. They are not personalised in nature and may not be suitable for all dietary, health, or personal development needs.

  • These products must not to be copied, distributed, resold, or shared without written permission from Equilibria Collective Pty Limited.

  • Where products contain nutritional content, clients must check ingredients for allergens and ensure suitability for their personal health circumstances.

  • Payment:  Full payment is required at the time of purchase. Download links will be sent to your nominated email within 24 hours of payment confirmation.

Multi-session packages, 1:1 and group programs

  • The specific services, inclusions, session structure, fees, and program duration applicable to your engagement are set out in the Coaching Service Agreement or program enrolment documentation provided to you at the time of booking. In the event of any inconsistency between these Terms and Conditions and your Coaching Service Agreement, the Coaching Service Agreement prevails to the extent of the inconsistency.

Booking, Cancellation & Rescheduling

  • You must provide a minimum of 24 hours’ to cancel or reschedule.

  • If you cancel with less than 24 hours’ notice, a cancellation fee of 50% of the consultation fee will apply. 

  • If you miss an appointment or fail to attend without notice, you may be charged the full consultation fee.

  • Any waiver of any fee will be at our sole discretion.

Refund Policy

Entitlement to Refunds

We aim to provide high-quality goods and services in accordance with the Australian Consumer Law (ACL). You may be entitled to a remedy under the ACL, including a refund if services:

  • Are not delivered with reasonable care and skill,

  • Are not fit for the agreed purpose, or

  • Are not delivered within a reasonable timeframe.

Exclusions to Refund Eligibility

However, refunds will not be provided for:

  • Change of mind,

  • Missed sessions, or

  • Personal scheduling conflicts

Discretionary Refunds

If no work has commenced (e.g., plan not written), and notice is given in time, a full refund will be considered at our sole discretion.

Processing Approved Refunds

Refunds, once approved, will be processed within 7 business days after confirmation of credit card details.

Provider Cancellations

If we are unable to accommodate your confirmed booking, we will notify you as soon as possible to arrange an alternative appointment or provide a full refund.

Client Responsibilities

Clients must:

  • Provide accurate, honest health, medical, and lifestyle information during consultations.

  • Understand that we do not provide medical diagnoses, treatment plans, or registered dietitian/dietetic services, psychotherapy, counselling, or clinical mental health treatment.

  • Acknowledge that services are designed to support general health, performance, and lifestyle goals—not to manage or treat clinical conditions.

  • Consult a qualified medical professional or Accredited Practising Dietitian (APD) where medically necessary or required for diagnosed conditions, and seek appropriate clinical or psychological support where required.

  • Disclose any known physical or psychological contraindications prior to participating in breathwork sessions, including but not limited to: cardiovascular conditions, epilepsy, severe anxiety disorders, history of psychosis, pregnancy, or any condition that may be affected by altered breathing patterns.

  • Acknowledge that Inner Work Coaching is not a substitute for psychotherapy, counselling, or clinical mental health treatment and agree to seek appropriate professional support where clinically required.

Right to Refuse Service

We reserve the right to refuse service to any individual at our sole discretion. Circumstances in which we may exercise this right include (but are not limited to):

  • Instances of abusive, threatening, or inappropriate behaviour;

  • Failure to comply with our Privacy Policy or these Terms and Conditions; or

  • Conduct that may compromise the safety, wellbeing, or comfort of our staff or other clients.

Confidentiality & Privacy

All client information is handled confidentially and in accordance with the Australian Privacy Principles. Your personal data will never be shared without your written consent, unless required by law. Refer to our Privacy Policy for more information.

Privacy and Data Protection

We are committed to protecting your privacy in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth). We collect and store personal and health-related information such as weight, height, dietary patterns, and any test results you choose to share with us, solely for the purpose of providing our services.

Data Storage and Security

All client records are securely stored within our business Microsoft 365 account and client management software, Halaxy, which is protected by two-factor authentication. We ensure that all data collection platforms, including JotForm, comply with applicable privacy regulations. Your personal data will not be shared with third parties without your written consent, unless required by law.

Right to Request

You have the right to access and request correction of your personal information held by us. Please contact us to make any such requests or to obtain a copy of our full Privacy Policy.

Indemnity

We operate with appropriate Professional Indemnity Insurance. Our services, which include nutrition consulting, inner work coaching, breathwork facilitation, leadership coaching, and related integrative coaching modalities, are intended to support general health, performance, and lifestyle goals, and each service is delivered by relevantly qualified individuals. Our services  do not constitute medical diagnoses, dietetic services, psychotherapy, counselling, or clinical mental health treatment.

You agree to indemnify us and our employees, agents and consultants from and against all damages, claims, losses, liabilities or costs sustained or incurred arising from the following:

  • Personal injury, psychological harm, or death arising from your use or misuse of any advice, nutritional plan or program, breathwork session, coaching engagement, recommendation or other services provided;

  • Property damage;

  • Consequential or indirect loss suffered by you or any third party;

  • Your failure to disclose relevant medical conditions, allergies, medications, psychological history, contraindications, or other information required for safe and effective advice;

  • Third party claims arising from your use or reliance on the services provided; and

  • Any investigation, fine or penalty as a result of your use of the services in a manner inconsistent with any applicable law.

This indemnity survives termination of these Terms and Conditions and is in addition to any other rights or remedies available to us.

Disclaimer

We provide general and personalised health guidance based on current best practices and evidence. Services are intended to support health and performance, but do not replace professional medical advice, diagnosis, or treatment.

Health and Allergy Disclaimer

We provide integrative coaching services including nutritional guidance, breathwork facilitation, inner work coaching, and leadership coaching, intended to support general health and lifestyle goals. It is important for clients to disclose any known allergies, dietary restrictions, medical conditions, psychological history, or physical contraindications prior to engaging in any service. We are not liable for any adverse physical or psychological reactions or consequences resulting from the non-disclosure, consumption or use of food products or dietary advice given during consultations, or from participation in any service against medical or professional advice.

Clients are solely responsible for consulting with their healthcare provider, a registered dietitian, psychologist, or other appropriate practitioner to ensure that any service provided is appropriate for their specific circumstances, health needs and conditions. By engaging our services, clients agree to indemnify and hold Equilibria Collective Pty Limited harmless from any claims related to physical or psychological harm arising from undisclosed medical conditions, contraindications, allergies, or psychological history.

Limitation of Liability

To the maximum extent permitted by law, Equilibria Collective Pty Limited excludes all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our services. This includes, but is not limited to, damages for loss of profits, goodwill, use, loss of opportunity, data, or other intangible losses.

Force Majeure

We shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, industrial disputes, natural disasters, or any other events considered force majeure.

Best Practice

We represent and warrant that services will be delivered in accordance with current best practices and professional standards. However, no specific outcomes are guaranteed, as results may vary based on individual circumstances.

Australian Consumer Law

Our services comply with the Australian Consumer Law, which provides you with statutory rights that cannot be excluded. Our liability is limited, at our discretion, to re-supplying the services or covering the cost of re-supply.

Disputes

In the event of any dispute, the parties agree to resolve the matter amicably through negotiation. If a resolution cannot be reached, the dispute will be submitted to a mutually agreed dispute resolution process prior to pursuing litigation.

Copyright

All materials provided by us, including but not limited to educational content, guides, and plans, are protected by copyright. These materials are for personal use only and may not be reproduced or distributed without our express written permission.

Remote Delivery

Services may be delivered in person or via video conferencing or other digital platforms as agreed at the time of booking. We are not liable for interruptions, delays, or loss of service arising from third-party technology failures, internet outages, or platform unavailability. It is the client’s responsibility to ensure they have adequate technology and connectivity to participate in remote sessions. Where a session cannot proceed due to a technology failure on our end, we will reschedule at no additional cost to the client.

Governing Law

These Terms and Conditions are governed by the laws of New South Wales. Any disputes arising from these terms or related to our services shall be resolved under the jurisdiction of New South Wales courts.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. A waiver of any term or condition shall not be deemed a continuing waiver of that term or condition.

Termination

We reserve the right to terminate services with any client at its sole discretion if the client fails to comply with these Terms and Conditions or engages in conduct that is abusive, threatening, or otherwise inappropriate.

Further Information

For further information or assistance, please contact: support@equilibriacollective.com.au