COACHING CONTRACT

COACHING CONTRACT 

 

Please read carefully. By purchasing this product, you (herein referred to as “Client”) agree to the following terms stated herein.

 

PROGRAM/SERVICE

Ellen Renk Coaching (herein referred to as “Company”) agrees to provide Program, 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.

 

 

I understand that Ellen Renk (herein referred to as “Consultant”) is not a Registered Dietitian, nor a medical physician, and does not dispense medical advice, nor will she diagnose or treat any medical condition.

 

I, ____________ give consent to Ellen Renk to provide Nutrition & Lifestyle Coaching to myself or the client for which I am legally responsible. The consult will provide information and guidance about health factors within my own control: my diet, fitness habits, mindset, and lifestyle.

 

She 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 to Consultant will be kept confidential, unless I consent to sharing my medical information.

 

I agree to hold Consultant harmless for claims or damages in connection with our work together.  This is a contract between myself and Ellen Renk 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

The fee for the Coaching Program has the following options:

 

Pay in Full: $2,662

Payment Plan: $2,958

 

METHODS OF PAYMENT

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, Company agrees to add a continuation of coaching for free until the goals are met.

 

Client must fulfill all of the following for the Continuation to be upheld:

  1. Attend all coaching sessions
  2. Fill out and submit all weekly check ins on time
  3. Complete and turn in all assigned lessons & resources throughout the Program
  4. 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 COMPANY. If you go through the Program and do not do the work outlined above, we reserve the right to deny your request. Why? Our generous guarantee was 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.  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 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

 

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.

 

CANCELLATION POLICY 

 

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.

 

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, attorneys 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.

 

DISPUTE RESOLUTION

 

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. 

 

APPLICABLE LAW

 

This Contract shall be governed by the laws of the State of Minnesota.

DUTY TO READ

I accept that under this agreement, I have a duty to read the terms of this 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.

 

Buyer’s Name: __________________________________________________

 

Signature: ______________________________ Date: _________________________

 

Company Representative’s Name: ________________________________________________

 

Position: __________________________________________________

 

Signature: ______________________________ Date: _________________________

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