TERMS + CONDITIONS
1. GENERAL TERMS
Client acknowledges that they are entering into this Agreement in exchange for services, as defined herein, by an online personal nutrition coach, Alba Rodriguez. You shall be assigned to Client as the engagement associated to this Agreement shall be for coaching. However, Alba Rodriguez shall be referred to as a “Coach” for the purposes of this Agreement. This Agreement entitles Alba Rodriguez to work with Client to provide the services described in this Agreement and Client hereby acknowledges that the Nutrition/Fitness/Wellness Program and services provided through this Agreement shall be in a virtual setting with limited in-person training, if any, as described herein. No Coach shall hold themselves out to be a medical professional of any kind and all the information obtained through this Agreement and the Nutrition/Fitness/Wellness Program shall be for entertainment or informational purposes only.
2. SERVICES AND EXPECTATIONS
2A. Nutrition/Fitness/Wellness Program Services and Expectations for Client
Coach shall lead a Nutrition/Fitness/Wellness Program that shall provide content that relates to nutrition coaching that reflects the client’s objectives, fitness level, and experience. Client hereby agrees to review the proposed Nutrition/Fitness/Wellness Program and Client’s commencement of the Nutrition/Fitness/Wellness Program constitutes Client’s acceptance of the proposed program terms and schedule.
The Nutrition/Fitness/Wellness Program may include, but is not limited to, one or more of the following:
FREE 30 minute initial consultation
24hr support via Everfit (OPEN DOOR POLICY)
Daily/Weekly/Monthly virtual check-ins
CUSTOM nutrition/fitness/wellness goals
Educational resources, PDFs available through Everfit App
May also include blood panel reviews + more full spectrum health help
The Monthly Fitness Program may include, but is not limited to, one or more of the following:
FREE 30 minute initial consultation
24hr support via Everfit Messaging(OPEN DOOR POLICY)
Monthly strength training programs
Educational resources, PDFs available through Everfit App
As mentioned above, all information and content provided by Coach shall be for entertainment purposes only and shall not be considered medical or dietary advice of any kind.
Alba Rodriguez and Client hereby acknowledge that there are no guarantees as to what will and won’t be included in each Nutrition/Fitness/Wellness Program. By accepting the Program as received by Client, Client hereby waives any claims they may have as it relates to the contents of their particular Nutrition/Fitness/Wellness Program.
2B. Alba Rodriguez’ Expectations
a. Coach and Client shall have weekly Nutrition/Fitness/Wellness Program check-ins Client understands that it is their own responsibility to complete check-ins, stay up-to-date with trainings and/or watch the replays, and to respond to Coach communication, if necessary. It is not Coach’s responsibility to remind Client of their Nutrition/Fitness/Wellness Program call or to keep track of Client’s appointments scheduled through the Program;
b. Client must comply with their assigned Coach’s Nutrition/Fitness/Wellness Program call schedule for Client to receive Nutrition/Fitness/Wellness Program updates or changes.
c. Coaches shall be available for email/messaging support if necessary.
d. Any nutrition protocol adjustments requested by Client or exercise form assessments, should be addressed from Client to the Coach during Nutrition/Fitness/Wellness Program check-in.
As noted in Section 6 of this Agreement, all Agreement termination requests must be routed to email@example.com to be considered valid.
a. Clients understands that payment is due PRIOR to receiving any Nutrition/Fitness/Wellness Program information, details, or directives. Coach accepts most credit and debit cards. Coach does not take any insurance.
b. Client hereby promise to make all payments timely, regardless of the outcome associated to Client’s utilization of the Nutrition/Fitness/Wellness Program. Client hereby acknowledges that this Nutrition/Fitness/Wellness Program requires a significant time commitment on the part of Coach and does not guarantee any results. Should any payment be declined, Coach shall reach out to Client to obtain a new payment option but Client confirms that their Nutrition/Fitness/Wellness Program shall be suspended until new payment is rendered and their account is current on all outstanding payments.
c. Client shall not be entitled to any refund via a “chargeback” with their financial institution or through refuting any charges. Client hereby states that they, through the terms of this Agreement, are voluntarily stating that they shall willingly drop any chargeback or dispute claim they file with their financial institution as the terms of this Agreement state WHEN REFUNDS WILL AND WILL NOT BE ISSUED. Should a Client file a dispute with their financial institute, Client hereby authorized Alba Rodriguez to cite to this Section 3(c) in the charge dispute case and Client further states that their acknowledgement of this Section 3(c) shall constitute as a valid waiver and release of any payment dispute claim they file against Alba Rodriguez.
d. The price Client shall be charged is indicated by their selection in Coaching Agreement. Coach shall supply Client an electronic receipt for all amounts paid under this Agreement. Pricing for the services provided in this Agreement shall be stated on such invoice.
e. Client agrees that all payments are to be made via Stripe or check. Client hereby consents to the use of any third-party payment services as noted herein and any additional terms and conditions associated to such third-party services.
f. If payment is not made or is not authorized by any means, all coaching services and the Nutrition/Fitness/Wellness Program shall be suspended until a new payment is made by Client and once their outstanding balance is zero (0). Failure to submit a valid payment puts the Client in breach of this Agreement but does not terminate the Agreement. The conditions for the termination of this Agreement are outlined below in Section 6.
g. If Client wishes to end coaching relationship, they must notify Coach at least 7 days before subscription renews.
4. PRE-AUTHORIZED PAYMENTS
By executing this Agreement, Client pre-authorizes Client to save their payment information, including all credit card information, for all necessary payments. In the event that Client wishes to terminate the Agreement, Client must follow the procedure outlined in Section 6.
5. REFUNDS ON PAYMENTS
Client understands that if they choose to end the coaching relationship before the next subscription date but within 7 days of signing this contract, they may receive a full refund. If they choose to end the coaching relationship before the next subscription date (but after the initial 7-day grace period) and they have paid for your services in full, no refund will be issued.
6. TERMINATION OF AGREEMENT
Text messaging shall not be considered written notice. As noted in Section 3, a Client’s declined payment shall not be considered notice of their intent to terminate. Client hereby acknowledges that they shall still be responsible for any payments owed to Coach.
From time to time and during the life of this Agreement, Alba Rodriguez (as the “Disclosing Party“) may disclose or make available to the Client (as the “Receiving Party“) information about its business affairs, products/services, intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form of media whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”) This includes but is not limited to items such as workout protocols, nutritional guidelines, exercise explanations, e-books, videos related to exercise performance and any other information disseminated to the Receiving Party by the Disclosing party to aid in the execution of this Agreement.
The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement. The Receiving Party shall be responsible for any breach of this Section caused by any of its Representatives.
On the expiration or termination of the Agreement or at any time during or after the term of this Agreement, at the Disclosing Party’s written request, the Receiving Party shall promptly return, and shall require its Representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and its Representatives to prevent the breach or threatened breach of this Section and to secure its enforcement.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.
Coach warrants that they shall provide coaching services in accordance with industry standards and, in no event, less than a reasonable level of care. Coach provides no other warranties, either express or implied, that are not contained in this Agreement.
10. ASSUMPTION OF THE RISKS AND RELEASE.
CLIENT HEREBY AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY KNOWN DISABILITY OR CONDITION WHICH WOULD PREVENT OR LIMIT CLIENT’S PARTICIPATION IN THE NUTRITION/FITNESS/WELLNESS PROGRAM. CLIENT UNDERSTANDS THAT CLIENT’S ENROLLMENT AND PARTICIPATION IS PURELY VOLUNTARY AND IN NO WAY MANDATED BY COACH. CLIENT ASSUMES FULL RESPONSIBILITY FOR PERSONAL INJURY TO CLIENT AND (IF APPLICABLE) CLIENT’S FAMILY MEMBERS OR THOSE WITH WHOM CLIENT SHARES THE GROUP COACHING PROGRAM. CLIENT UNDERSTANDS THAT COACH, THEIR CONTRACTORS, AFFILIATES, AND REPRESENTATIVES ARE RELYING ON CLIENT’S WARRANTY OF THEIR PHYSICAL CONDITION AND ALL OTHER PROMISES AND TERMS CONTAINED HEREIN. CLIENT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT CHANGING THEIR LIFESTYLE TAKES TIME AND THAT ANY ANTICIPATED RESULTS WILL NOT OCCUR OVERNIGHT AND ARE NOT GUARANTEED. CLIENT HAS BEEN GIVEN THE CHANCE TO ASK QUESTIONS CONCERNING THIS AGREEMENT, AND ALL SUCH QUESTIONS HAVE BEEN ANSWERED TO THEIR SATISFACTION.
CLIENT FURTHER AFFIRMS THAT CLIENT’S RESPONSES TO THE PRE-SCREENING QUESTIONNAIRE IN NO WAY SHIFT LIABILITY TO COACH AND IT IS CLIENT’S RESPONSIBILITY TO DETERMINE WHETHER OR NOT CLIENT IS PHYSICALLY AND MENTALLY ABLE TO PARTICIPATE IN THE GROUP COACHING PROGRAM.
Client hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Coach, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees“), on account of injury, death, or property damage arising out of or attributable to my participation in the Nutrition/Fitness/Wellness Program, whether arising out of the negligence of the Coach, or any Releasees or otherwise. Client covenants not to make or bring any such claim against the Coach or any other Releasee, and forever release and discharge the Coach and all other Releasees from liability under such claims.
By agreeing to these terms, Client acknowledges that Client has read and understood all of the terms of this agreement and that Client voluntarily giving up substantial legal rights, including the right to sue Coach Alba Rodriguez.
Client shall defend, indemnify, and hold harmless the Coach and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final judgment, arising out or resulting from any claim of a third party arising from or related to the acts described in this Agreement.
12. MEDICAL DISCLAIMER
By participating in the online coaching Nutrition/Fitness/Wellness Program, Client understands and agrees that Coach is not a medical practitioner, registered dietician, nor is she a physiatrist or psychologist. Any guidance, content, or information given by Coach is not meant to be used as prescriptions for diets, supplements to treat any medical or clinical condition, to treat any symptoms of a medical or clinical condition, or to diagnose a medical or clinical condition. Any content given is merely informational and for entertainment purposes only. If you have a medical or clinical condition, please consult a medical practitioner for more information regarding nutrition and your condition.
As such, Client agrees that they are not engaging in this relationship seeking medical advice, diagnostic, or treatment procedures. Client understands that the coaching advice provided by Coach through the Program does not prevent or cure any disease and does not guarantee any outcome. The services performed by Coach are, at all times, restricted to consultation on the subject of lifestyle/nutritional matters and are intended for the maintenance of the best possible state of lifestyle/nutritional health, aesthetic physical appearance, and wellness and does not involve diagnosing, prognosticating or the treatment of any disease, illness, or injury. Additionally, Client hereby fully understand that any nutritional/lifestyle coaching is in no way to be construed as psychotherapy, psychological counseling, or any type of therapy. In the event that Client feels the need for professional counseling or therapy, it is their responsibility to seek a licensed professional.
13. NON-DISPARAGEMENT AGREEMENT
Client agrees to not make any false and/or derogatory statements about Alba Rodriguez. This restriction includes any negative and false statement made to anyone in person, on a social media platform, or through any written medium. Should Client make a statement that implicates the reputation of Alba Rodriguez, Alba Rodriguez shall have all legal remedies available to them including, but not limited to, suing for damages and/or lost profits, injunctive relief, and/or the initiation of a protective order against me.
14. USE OF PHOTOS AND PERSONAL INFORMATION BY COACH
Client acknowledges that photos and or videos of Client may be used across various social media platforms, and websites by Coach for marketing purposes. Thus, Client hereby licenses to Coach an irrevocable license approving the use of their name, image, and likeness. Client gives permission and consent to allow Coach to use client progress photos as necessary on platforms including but not limited to Instagram, Instagram Story, Facebook, and their own personal website. Client may request that all photos be kept private and not used in any manner, further if at any time Client is uncomfortable with a photo that has been shared, they may request Coach to take down certain photos or information. Alba Rodriguez shall own all right, title, and interest in and to all photos and videos of Client that are taken using Coach’s photo or video equipment, or that are used on Coach’s website or social media platforms.
Except as otherwise provided in this Agreement, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise.
Client acknowledges that Client has carefully read this document, Client understands it, and agree to be bound by its terms. Furthermore, Client has the right to enter into the Agreement and is not restricted by commitments to third parties. Client has had sufficient time and opportunity to consult with independent legal counsel regarding this Agreement, and if Client has opted not to obtain legal advice prior to executing this Agreement, Client shall not, in any proceeding relating to the enforcement of rights or obligations under the Agreement, raise their failure to obtain legal advice as a defense or otherwise. Client acknowledges that they are signing this Agreement voluntarily, without coercion or duress, and Client is at least eighteen (18) years of age. Any Client under the age of 18 must have a parent or legal guardian sign this Agreement.
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