COACHING CONTRACT
Please read carefully. By purchasing this product you (herein referred to as “Client”) agree to the following terms stated herein.
Ellen Renk Coaching (herein referred to as “Company”) agrees to provide the Beyond Athlete Method (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.
- DISCLAIMER & INFORMED CONSENT
I understand that the Company is not a Registered Dietitian, nor a medical physician, and does not dispense medical advice, nor will it diagnose or treat any medical condition.
I, ____________, Contact Info; ________________ give consent to the Company as a Client which I am legally responsible. The Company will provide information and guidance about health factors within my own control: my diet, fitness habits, mindset, and lifestyle. The Company provides education to enhance my knowledge of health through the use of whole foods, mindset techniques, dietary supplements, physical fitness, and emotional awareness. I understand these services are not a substitute for medical care.
Methods of nutritional and physical evaluation or testing made available to me are not intended to diagnose disease or medical conditions. Rather, these assessment tests are intended as a guide to developing an appropriate health-supportive program for me, and to monitor my progress in achieving my goals.
Medical records and personal information and history divulged in session during consultation with the Company will be kept confidential, unless I consent to sharing my medical information.
I agree to hold the Company harmless for claims or damages in connection with our work together. This is a contract between myself and the Company and I understand that it is also a release of potential liability. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate Agreement will be entered into.
- FEES/PAYMENT METHODS.
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- The fee for the Coaching Program has the following options:
☐Pay In Full: $2,662
☐Payment Plan: $2,958
- If Client elects to pay by down monthly installments, Client authorizes the Company to collect Client’s payment on original invoice by the 1st of each month in the Program. If Client elects to use a down payment, Client authorizes Company to collect Client’s down payment on the provided due date. If Client elects to pay in FULL, Client will pay the entire invoice on the provided due date.
- CONTINUATION POLICY
- If Client completes the Program, having completed all of the steps listed below, and has yet to reach the agreed upon goals between Client and Company, the Company agrees to add a continuation schedule of coaching for free until the goals are met.
- Client must fulfill all of the following for the Continuation to be upheld:
- Attend all coaching sessions
- Fill out and submit all weekly check ins on time
- Complete and turn in all assigned lessons & resources throughout the Program
- Respond to coach within 24 hours of contact and support
- If Client fails to complete any of the above, the Continuation is null and void.
- All refunds are discretionary as determined by the Company. If you go through the Program and do not do the work outlined above, we reserve the right to deny your request. Our generous guarantee is built to ensure success in this Program when they put in the work. Your lack of putting in the necessary work to reach your goals is NOT covered under this policy.
- CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
- NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
- CLIENT RESPONSIBILITY.
Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any coaching program, the extent of results lies on Client taking action based on the Program’s education provided. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
- SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
- LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
- ASSIGNMENT
Client may not assign this Agreement without express written consent of the Company.
- MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
- TERMINATION/CANCELLATION POLICY.
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- Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
- Once payment is made for the Program, fees are 100% non-refundable. Client can choose to withdraw from the Program at any time, but all remaining agreed payments must be upheld.
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- INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
- DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
- PROTECTING CHILDREN UNDER THE AGE OF SIXTEEN
The Company does not knowingly collect information provided by children under the age of 16. If you are a minor (under the age of 16), you can use the Program only with the consent and under the supervision of your parents or legal guardians.
ADDITIONAL INFORMATION – QUESTIONS – CONTACT US
For more information about Ellen Renk Coaching, our Beyond Athlete Method or questions and comments, please contact us please contact us at our website.
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