Contract Terms & Conditions
Fitness Flow Coaching Services LLC
Coaching Contract
This coaching Contract is entered into (the “Effective Date”), by and between Fitness Flow Coaching Services LLC (the “Company”) and _________________, (the “Client”), also individually referred to as the “Party”, and collectively the “Parties.” The client agrees to this contract by purchasing coaching services.
1. Terms and Conditions. The Parties agree to the following terms and conditions:
a. The Client is engaging the Company for coaching services to be provided by the Company’s Coaches.
b. The coach will create an exercise program geared to the Client’s fitness level and experience in order to meet the Client’s objectives.
c. The Coach will write a suggested meal plan for the client to follow to meet the clients objectives.
d. The Coach will be assigned to the Client by the Company and is subject to change at any time.
e. The Client agrees to sign the attached Informed Consent and Assumption of Risk and Release of Liability.
f. The Client agrees to inform the Company and its Coach(s) of any and all conditions, medical or otherwise, that may affect the Client’s ability to participate in Training Sessions.
2. Training Sessions. Training Sessions may include, but are not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching.
3. Training Package and Payments. The Client is purchasing coaching services at either a paid in full or month by month basis. If the Client wishes to purchase additional Training Sessions, the Parties will enter into an amendment to this Contract.
4. Termination. Either Party may terminate this Contract upon thirty (30) days prior written notice to the other Party.
5. Warranties. While the Company and its Trainer(s) fully believe exercise, specifically exercised personalized to the Client, is beneficial to the Client’s health and wellness, the Company and its Coaches(s) cannot guarantee the results of Training Sessions. The Company and its Trainer(s) make no representations and/or warranties that the Client will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or will attain any other particular and/or specific results. The Company and its Coaches(s) strongly encourage the Client to follow the suggested diet in conjunction with continued exercise.
6. Entire Agreement. This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both the Company and the Client.
7. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
8. Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract.
9. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
10. Waiver. The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
11. Applicable Law. This Contract shall be governed and construed in accordance with the laws of the state where the Training Sessions will occur, without giving effect to any conflicts of laws provisions.
BY SIGNING BELOW, THE CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CLIENT SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. THE CLIENT IS ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME OF SIGNATURE.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Company
Signed: Fitness Flow Coaching Services LLC
Name: Fitness Flow Coaching Services LLC
Client
Signed: Digital Agreement by purchasing coaching services
ATTACHMENT 1
INFORMED CONSENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY
This Informed Consent and Assumption of Risk and Release of Liability is entered into (the “Effective Date”) and is material to the Coaching Contract and is incorporated herein by reference.
Client certifies that Client is of adequate physical condition to participate in physical exercise.
Client certifies that Client assumes the risk of physical injury, whether minor, severe, or otherwise.
Client certifies that Client will disclose to the coach whenever suggested activities cause distress beyond Client’s threshold.
Client certifies that Client will not hold the Company or its coach(s) liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.
Client certifies that Client assumes all responsibility for Client’s participation in the Training Sessions.