Coaching Agreement
LOVE LIVIN’ LOW SUGAR COACHING & CLIENT AGREEMENT
Your agreement is with Love Livin’ Low Sugar, LLC,
a West Virginia limited liability company (your “Coach”),
This Client Agreement sets forth the terms and conditions between you and your Coach (the “Agreement”). This Agreement covers your purchase of coaching services provided by your Coach (the “Services”). Your coaching will commence when you accept and sign this Agreement to become a client (“Client” or “you”). You are entering into this Agreement with your Coach alone. Pay special attention to provisions related to cancellations. Such provisions do not affect your statutory rights. The Coach, through its owner/member, will use relevant experience, skills, knowledge, and education to help you design a program that will take into account your lifestyle, personal goals, fitness level, and the medical history provided by you.
Your Coach will supply the coaching, advice, and support through provision of the Services you will need to achieve your goals. Apart from the initial consultation, you will have weekly 30- minute meetings via phone or videoconference, or email check-ins, to update your Coach on any of the above information (fitness goals, medical situations, lifestyle changes, etc.) in addition to your progress.
You understand and acknowledge that:
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The results of any fitness and nutrition program cannot be guaranteed;
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Your progress depends on your effort and cooperation within and outside of the
coaching sessions;
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Individual results may vary, and no particular, personal result is guaranteed by your
Coach; and
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You shall inform your Coach in a timely manner of any conditions or changes to your
health, now and ongoing, which might affect your ability to exercise safely with minimal risk of injury.
You and your Coach understand and agree that both parties must commit to your program fully in order to receive results.
Should your Coach require additional medical information from you and your medical practitioner, you agree to provide such details in a timely manner.
Disclaimer
None of the members, employees, contractors, agents, and/or designees of your Coach are a Medical Doctor or Registered Dietitian. The information provided through your Coach is based on personal experience, extensive research of nutrition, experience as a 21 Day Sugar Detox Coach, Precision Nutrition Certification, and Transformational Macro & Nutrition Certification. Any recommendations conveyed about nutrition, supplementation, lifestyle modifications, or information provided to you in person, or via email, text, phone,
videoconference, social media, or via the Coach’s website should be discussed between you and your doctor. The information received in emails, programs, and Services does not take the place of, or serve as, professional medical advice or medical nutrition therapy. Nothing herein is intended to diagnose, treat, cure, or prevent any disease. Any nutritional advice given is strictly for the purposes of improving overall health, wellness, and/or sports performance.
Payment
As a participant in the Services with your Coach, all balances due for Services must be paid in full by you prior to the rendering thereof. Services and programs are non-refundable, which includes down payments, payment plans, and programs paid in full. In the event that a payment arrangement is made, all payments must be made, in full, on or before the agreed upon dates.
By signing this Agreement, you are responsible for the full amount of the Services package as communicated to you by your Coach (i.e., a 3 month, 12 week commitment), and all such package fees must be paid in full.
You acknowledge that your Coach is not responsible for any overdraft charges, over-limit charges, or non-sufficient fund fees charged by your bank or credit card company. You understand that you will be charged a $100 fee for any non-sufficient fund fees incurred by your Coach.
In the event that you do not participate in your program and/or utilize all program materials, your Coach will provide no full or partial refunds for such Services. Payment of your program for Services in full is required, even if you do not use or participate therein. If you do not check-in for a week of your Services, you forfeit said week of Services.
YOUR COACH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO SPECIFIC OUTCOMES OR RESULTS.
Cancelled Services
You understand that, in the unlikely event that your Coach is unable to continue your training for any unforeseen reason or circumstance on the Coach’s behalf, you may request a refund for any unfulfilled Services. Such refunds shall be issued at the Coach’s discretion and may take up to 30 business days from the date of request to process.
The Coach may, in its sole and absolute discretion, cancel Services and/or revoke renewal of Services for Client’s non-compliance, lack of communication, or abusive behaviors.
Amendments
The Coach has the right, in its sole and absolute discretion, to change the terms and conditions of this Agreement, and, should it do so, the Coach must notify the Client immediately of such changes.
Assignment
Neither you nor your Coach may assign your respective rights or obligations hereunder, except that either party may assign its rights and obligations hereunder to any entity to which it sells all or a substantial part of its assets or businesses.
Severability
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity
You agree to indemnify, defend, and hold harmless your Coach, its subsidiaries, affiliates, and their officers, directors, shareholders, managers, members, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harms, costs and expenses, including, without limitation, legal fees and expenses, or any other determent incurred by you in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including, without limitation, breach of your representations and warranties set forth hereinabove, or if any content that you post or publish while using the Services causes your Coach to be liable to a third party.
Binding Effect
This Agreement shall be binding upon, and inure to the benefit of, the respective parties hereto, their successors, heirs, representatives and permitted assigns.
Voidability
This Agreement cannot be voided by not accessing or using the Services where applicable or by not using the Services as delivered or in any other way deliberately attempting to avoid viewing or taking delivery of a product or program or of the Services, as outlined. These actions will neither void your Agreement, nor afford you the right to a refund.
Late Policy
The weeks in each plan of the Services will run from Monday to Sunday. If you are late in submitting a weekly email check-in to your Coach, the Coach is not responsible for making adjustments until the next check-in date. The Coach has a response time period of 48 hours following email check-ins that are completed on time. The Coach is available to answer emails and text messages from 9 am to 7 pm EST on business days. The Coach will answer correspondence received outside of these hours on the next business day. The Coach requires weekly teleconferences or videoconferences, or email check-ins, to provide the Services effectively. The Coach needs data for proper and accurate coaching updates. If you do not provide check-ins for the week in a timely manner as set forth above, you forfeit that week of Services.
Personal Information
You must keep your contact information and marketing preferences updated with the Coach. The Coach will only use such personal or sensitive information held by the Coach in a manner consistent with permissions granted by the Client to the Coach. The Coach’s Privacy Policy (https://www.lovelivinlowsugar.com/privacy-policy) and Disclaimer (https://www.lovelivinlowsugar.com/disclaimer) are incorporated into this Agreement as if the same were fully set forth herein.
Copyright and Intellectual Property
All materials and Services provided to you as part of a product or program or the Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published, or displayed in any form without the prior express written permission of your Coach. You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content, or any derivative works thereof, without the prior express written permission of your Coach. All trademarks, logos, and service marks displayed on any materials provided as part of a product or program or the Services under this Agreement are protected by U.S. and International copyright and intellectual property laws. Access to any materials or content online or otherwise as part of a product or program or the Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of your Coach.
The members, employees, contractors, agents, and/or designees of your Coach are certified macro and nutrition coaches. They are not physicians or registered dietitians.
The contents of this document, program and advice should not be taken as medical advice. They are not intended to diagnose, treat, care, or prevent any health problem - nor are they intended to replace the advice of a physician or other qualified health professional.
Always consult your physician or qualified health professional on any matters regarding your health. By participating in this program, you accept full responsibility for your actions.
Entire Agreement
This Agreement represents the entire understanding between the parties hereto relating to a product or program or the Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding a product or program or the Services, are of no further force and effect. In order to participate in certain of a product or program or the Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing your Coach and requesting a copy of your “Client Agreement”.
Contact Information
Should you have any questions regarding this Agreement or any aspect of the Services, contact Love Livin’ Low Sugar, LLC at [email protected].
If you agree to these terms, please sign below. Name: ________________________ Signature: _____________________
Date: _________________________
Love Livin’ Low Sugar, LLC,
a West Virginia limited liability company
By: ________________________ Kristi Goode
Its: Member