Your Baseball Physio Terms of Use

Effective date

These Terms of Use ("Terms") govern your access to and use of www.yourbaseballphysio.com (the "Site"), and any courses, digital downloads, coaching services, or subscriptions offered by Your Baseball Physio ("YBP," "we," "our," or "us"), operated by Duo Health Pty Ltd (ABN 51 643 862 542), trading as Your Baseball Physio, of 6-8 Antony Street, Palmyra, Western Australia, 6157.

By accessing the Site or purchasing any course, digital download, coaching service, or subscription from us, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase our products.

1. Who We Are

Your Baseball Physio is a digital education brand founded by Jason Ryan and Josh Clarke, who also operate Physio73, their two physiotherapy clinics in Perth, Western Australia. Physio73 and Your Baseball Physio are related but distinct businesses. Purchasing a YBP course, digital download, coaching service, or subscription does not create a clinical or therapeutic relationship with Physio73, and no clinical health information is collected or exchanged through the YBP Site or products.

2. Eligibility

Our products are intended to be purchased by adults (18 years or older) — including parents, guardians, or coaches purchasing on behalf of an athlete under 18. If you are under 18, you may only use the Site and our products with the involvement and consent of a parent or guardian who agrees to these Terms on your behalf.

3. Our Products

We offer online courses digital downloads, coaching services, and subscriptions. Course and product descriptions on the Site set out what is include and we do not represent that a course covers more than what is described at the time of purchase.

We may update, improve, or modify course content from time to time to improve its quality; where reasonably possible we will maintain access to the version of a course as it existed at the time of your purchase, or provide access to the updated version at our discretion.

4. Purchases, Pricing, and Payment

All prices are displayed on the Site at the time of purchase and are shown in USD unless stated otherwise. We may offer time-limited pricing (such as an early bird price) which reverts to the standard price once the offer period ends; the price you pay is the price displayed and confirmed at checkout. 

Payments are processed securely through Stripe, integrated with our course platform, Kajabi. By making a purchase, you authorise us (via Stripe) to charge your nominated payment method for the applicable amount. You are responsible for ensuring your payment details are accurate and current.

5. Refunds

We offer a 14-day money-back guarantee on our courses and digital downloads. If you are not satisfied with your purchase, contact us at [email protected] within 30 days of the date of purchase, and we will issue a full refund. 

Outside of this 14-day window, our courses and digital downloads are digital products delivered electronically, and — except as required by law — are non-refundable, given the nature of digital content.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (or equivalent consumer protection law in your country) that cannot lawfully be excluded, including your rights where a product is not fit for purpose or does not match its description. If you believe there is an issue with your purchase, contact us at [email protected] and we will work with you to resolve it.

6. Accounts

Some of our products require you to create an account through our course platform, Kajabi. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you become aware of any unauthorised use of your account. We may suspend or terminate an account where we reasonably believe these Terms have been breached, including in connection with unauthorised sharing of course content (see Section 8).

7. Intellectual Property and License to Use

All course content, digital downloads, videos, written materials, graphics, and other materials made available through the Site or our products (the "Content") are owned by, or licensed to, Your Baseball Physio and are protected by copyright and other intellectual property laws.

When you purchase a course, digital download, or subscription, we grant you a limited, non-exclusive, non-transferable license to access and use the Content for your own personal or, where applicable, your athlete's individual use. You may not:

• Reproduce, distribute, resell, sublicense, or share Content with anyone who has not purchased it;
• Post, upload, or share Content publicly or on any other platform;
• Use the Content for any commercial purpose, including creating competing products or coaching materials, without our prior written consent;
• Modify, adapt, or create derivative works from the Content.

We reserve the right to revoke access to Content for any account found to be in breach of this section.

8. Health and Medical Disclaimer

The Content provided through Your Baseball Physio is general educational and training information only. It is not individualised medical or physiotherapy advice, and it is not intended to diagnose, treat, cure, or prevent any injury, condition, or disease.

Nothing in our courses, digital downloads, coaching services, or subscriptions replaces an individual assessment by a qualified healthcare professional. If you are currently experiencing pain, injury, or a medical condition, or are unsure whether an exercise or program is appropriate for you, we recommend you seek assessment and advice from a qualified physiotherapist, doctor, or other healthcare professional before starting or continuing any program. 

You participate in any exercises, drills, or programs shown in our Content entirely at your own risk. Your Baseball Physio, Duo Health Pty Ltd, and our founders are not liable for any injury, loss, or damage arising from your use of, or reliance on, the Content.

9. Testimonials and Results

Testimonials, case examples, or feedback shared on the Site or in our marketing reflect individual experiences and are not a guarantee, promise, or representation that you will achieve the same or similar results. Results depend on many individual factors, including your starting point, consistency, and other circumstances outside our control.

10.Third-Party Platforms

Our courses, digital downloads, and subscriptions are delivered through Kajabi, and payments are processed through Stripe. Your use of these platforms may also be subject to their own terms of service and privacy policies, which we encourage you to review. We are not responsible for outages, errors, or issues arising from these third-party platforms that are outside our control.

11. Disclaimer of Warranties

To the extent permitted by law, the Site and our products are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site or our products will be uninterrupted, error-free, or free of viruses or other harmful components.

Nothing in this section limits any consumer guarantee that cannot lawfully be excluded under the Australian Consumer Law or equivalent legislation applicable in your country.

12. Limitation of Liability

To the maximum extent permitted by law, Your Baseball Physio and Duo Health Pty Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of the Site or our products. Our total liability for any claim arising from these Terms or your purchase is limited to the amount you paid for the relevant product.

This limitation does not apply to liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, or liability under the Australian Consumer Law.

13. Indemnification

You agree to indemnify and hold harmless Your Baseball Physio, Duo Health Pty Ltd, and our founders, employees, and contractors from any claims, losses, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site or our products.

14. Governing Law and Disputes

These Terms are governed by the laws of Western Australia, Australia, regardless of where you access the Site or our products from. If a dispute arises, we encourage you to contact us first at [email protected] so we can try to resolve it directly. Any dispute that cannot be resolved informally is subject to the exclusive jurisdiction of the courts of Western Australia. 

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our products, legal requirements, or business practices. The "Effective Date" at the top of this page reflects the most recent revision. Continued use of the Site or our products after changes take effect constitutes acceptance of the updated Terms. 

16. Contact Us

If you have questions about these Terms, contact us at:

Your Baseball Physio 6-8 Antony Street, Palmyra, Western Australia, 6157. Email: [email protected]. Web: www.yourbaseballphysio.com.