This Personal Training and Nutrition Coaching Agreement (the “Agreement”) is entered into between XXX Enterprises (referred to as the “Company”), with its principal place of business at [Company Address], and [Client Name] (referred to as the “Client”), with an address at [Client Address], collectively referred to as the “Parties.
The Parties hereby agree to the following terms and conditions:
- SERVICES PROVIDED:
1.1 Company agrees to provide personal training and nutrition coaching services to Client, as mutually agreed upon.
1.2 The services may include, but are not limited to:
- Designing and implementing fitness and nutrition programs
- Conducting individual or group training sessions
- Providing dietary guidance and meal planning
- Tracking progress and making adjustments to the program as necessary
- Offering support and motivation to assist in achieving fitness and health goals
- PAYMENT TERMS:
2.1 The Client agrees to pay the Company for the services provided. The fees and payment terms are as follows:
- Monthly fee: [Amount]
- Payment due date: [Day of the month]
- Method of payment: [Accepted payment methods e.g., credit card, bank transfer, etc.]
2.2 Late payments: In the event that the Client fails to make a payment within [number] days of the due date, a late fee of [amount] or [percentage] of the outstanding amount may be applied at the Company’s discretion.
- CANCELLATION AND RESCHEDULING:
3.1 The Client shall provide at least [insert notice period, e.g., 24 hours] advance notice to the Company for any cancellation or rescheduling of sessions.
3.2 Failure to provide sufficient notice may result in the session being forfeited without the option of rescheduling or reimbursement.
3.3 The Company reserves the right to cancel or reschedule sessions due to unforeseen circumstances. In such cases, the Company will make reasonable efforts to provide alternative session times or refund any applicable fees.
- CLIENT RESPONSIBILITIES:
4.1 Client acknowledges and agrees to the following responsibilities:
- Attend scheduled training sessions promptly and ready for participation.
- Provide accurate and complete health and medical information to Company.
- Follow the training and nutrition program as outlined by Company.
- Inform Company of any changes in health, medical conditions, or injuries that may impact the training sessions.
4.2 Client understands that the success of the program is dependent on their commitment and adherence to Company’s recommendations.
- TERM AND TERMINATION:
5.1 This Agreement shall commence on the date of signing and shall continue on a month-to-month basis unless terminated by either Party.
5.2 The Parties shall have the right to terminate this Agreement upon written notice of termination to the other party. This written notice must be sent via email or regular US mail. Text messaging shall not be considered written notice.
5.3 If this Agreement is terminated by the Client, the Client shall pay a termination fee equal to fifty percent (50%) of the uncharged balance of their total package cost. The termination fee is non-refundable and compensates the Company for costs and resources allocated in anticipation of providing the services.
5.4 In the event of termination of this Agreement, the sections 6,8,10 and 11 shall survive such termination:
- LIMITATION OF LIABILITY:
6.1 In no event shall Company be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the Services, even if Company has been advised of the possibility of such damages.
6.2 Company’s total liability, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by the Client for the Services.
- INDEMNIFICATION:
7.1 Client agrees to indemnify, defend, and hold Company harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Client’s breach of this Agreement, violation of any laws or regulations, or any negligent or wrongful act or omission by the Client.
- CONFIDENTIALITY:
8.1 Both parties agree to keep any confidential information exchanged during the course of this Agreement strictly confidential. Confidential information may include, but is not limited to, personal health information, training techniques, meal plans, client progress, business strategies, and any other proprietary information related to the Company’s personal training and nutrition coaching operations.
8.2 The parties shall not disclose or use any confidential information for any purpose other than the performance of their obligations under this Agreement unless required by law or with the prior written consent of the disclosing party.
8.3 This confidentiality obligation shall survive the termination or expiration of this Agreement, and both parties shall continue to keep all confidential information confidential even after the termination of their working relationship.
- ASSUMPTION OF THE RISKS:
9.1 CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT PARTICIPATION IN THE ONLINE FITNESS COACHING PROGRAM ENTAILS CERTAIN INHERENT RISKS.
9.2 BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT THEY ARE IN GOOD PHYSICAL CONDITION AND DO NOT HAVE ANY KNOWN DISABILITY OR CONDITION THAT WOULD PREVENT OR LIMIT THEIR PARTICIPATION IN THE PROGRAM. CLIENT ACKNOWLEDGES THAT ENROLLMENT AND PARTICIPATION IN THE COACHING PROGRAM ARE VOLUNTARY DECISIONS, AND THEY ASSUME FULL RESPONSIBILITY FOR PERSONAL INJURY TO THEMSELVES AND ANY OTHER INDIVIDUALS WHO MAY BE PARTICIPATING WITH THEM.
- INTELLECTUAL PROPERTY:
10.1 Any materials provided by the Company, including exercise programs, meal plans, and educational resources, are the intellectual property of the Company and are for the Client’s personal use only.
10.2 Client agrees not to reproduce, distribute, or share these materials without the Company’s explicit written permission.
- DISCLAIMER:
Nutrition and Health Information
11.1 Client acknowledges that the Coach is not a registered dietician and any nutritional guidance provided is not intended as medical advice. The nutritional information offered is for general knowledge and is not meant to treat, diagnose, or prescribe for any medical condition. It is recommended that Clients with medical conditions consult a registered dietician for personalized advice. Client assumes all risks associated with implementing the nutritional guidance and releases the Coach from any liability resulting from such implementation.
- WARRANTIES:
12.1 Company represents and warrants that:
- Company is qualified and possesses the necessary certifications, knowledge, and expertise to provide the Services outlined in this Agreement.
- Company will provide the Services with reasonable care, skill, and diligence, consistent with industry standards.
- Company will comply with all applicable laws, regulations, and professional standards in the provision of the Services.
12.2 Client represents and warrants that:
- Client has provided accurate and truthful information regarding their health, medical conditions, and fitness goals.
- Client will follow Company’s instructions, guidance, and recommendations to the best of their ability.
- Client acknowledges that the success and results of the Services are dependent on their commitment, effort, and adherence to the program developed by Company.
- NON-DISPARAGEMENT AGREEMENT:
13.1 The Company and Client agree not to make any disparaging statements, orally or in writing, about each other or any affiliate of the Company. Disparaging statements refer to negative comments that may harm the reputation or standing of the other party. Any concerns or issues should be addressed through constructive communication. Violation of this agreement may result in legal consequences.
- GOVERNING LAW AND JURISDICTION:
14.1 This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any legal action or proceeding arising out of or relating to this Agreement shall be brought in the courts of [State/Country], and the Parties hereby consent to the exclusive jurisdiction of such courts.
- DISPUTE RESOLUTION:
15.1 Any dispute arising out of or relating to this Agreement shall be resolved through mediation administered by the American Arbitration Association in accordance with its Commercial Mediation Procedures. If the dispute cannot be resolved through mediation, the parties agree to submit to the exclusive jurisdiction of the courts located in Idaho.
- ENTIRE AGREEMENT:
16.1 This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
ANY CLIENT UNDER THE AGE OF 18 MUST HAVE A PARENT OR LEGAL GUARDIAN SIGN THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
SIGNED by the parties: )
……………………………. ) _________________
(XXX ENTERPRISES – COMPANY) Signature
Date: ……………………….
AND
……………………………….. ) _________________
(CLIENT NAME – CLIENT ) Signature
Date: ……………………….
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