Effective Date: 11/12/2020
Fitness Coaching Terms and Conditions
This Agreement is entered into by and between Alinea Performance LLC and all officers, employees, subsidiaries, and subcontractors contacting you on behalf of Alinea Performance (collectively referred to as “Coach”) and you (the “Client”). By signing up for a fitness/wellness plan or program you hereby agree to be bound by these terms and conditions.
Description of Coaching: Coaching is relationship between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal, physical, and professional potential. It is designed to facilitate the creation/development of fitness and health goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship:
A. Client is solely responsible for creating, caring for, and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Coaching relationship and his/her Coaching calls and interactions with the Coach.
B. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands Coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental or physical disorder or medical disease.
C. Client further acknowledges that he/she may terminate or discontinue the Coaching relationship at any time.
D. Client acknowledges that Coaching is a comprehensive process that may involve different areas of his or her life, including work, health, nutrition, time-management, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate Coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
E. Client acknowledges that Coaching does not involve the diagnosis or treatment of physical or mental disorders and that Coaching is not to be used as a substitute for physical therapy, doctor visits, counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the Coaching relationship agreed upon by the Client and the Coach.
IF YOU SUSPECT THAT YOU MAY SUFFER FROM PHYSICAL AILMENT OR DISEASE, DO NOT PARTICIPATE IN A COACHING PLAN BEFORE CONSULTING WITH, AND RECEIVING APPROVAL FROM, YOUR PHYSICIAN. IF YOU SUSPECT THAT YOU MAY SUFFER FROM MENTAL ILLNESS, DO NOT PARTICIPATE IN A COACHING PLAN BEFORE CONSULTING WITH, AND RECEIVING APPROVAL FROM, A QUALIFIED MENTAL HEALTH PROFESSIONAL.
F. The Client understands that in order to enhance the Coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program. Client also agrees not to be offended or resentful if Coach is brutally honest.
2) Services – The parties agree to the described Coaching Program through internet and telephone encounters. Coach will contact Client when it is convenient to Coach and may ask for Clients’ input on times that may be convenient to Client, but Coach is not obligated to try to call Client at times that are convenient to Client.
3) Fees – Client hereby authorizes regularly scheduled charges to Client checking/savings account or credit card. Client will be charged the amount indicated on the plan selected for each billing period. Client agrees that no prior-notification will be provided unless the date or amount changes. This authorization will remain in effect until Client cancels it in writing, and Client agrees to notify Coach in writing of any changes in Client account information or termination of this authorization at least 14 days prior to the next billing date. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) Client agrees that Coach may at its discretion attempt to process the charge again within 30 days and agrees to an additional $45 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. Client acknowledges that the origination of ACH transactions to Client account must comply with the provisions of U.S. law. Client certifies that Client is an authorized user of the credit card/bank account and will not dispute the scheduled transactions with Client bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.
4) Results – Coach does not guarantee any results or any benefit to Client resulting from the Coaching relationship.
5) Confidentiality – This Coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is not confidential. Don’t tell Coach anything that you don’t want everyone to know.
6) Use of your Information – Coach may sell your information to third parties or use your information in other ways.
7) Missed Calls – If Client doesn’t answer the Coach’s call Coach may or may not call back and/or leave a voicemail and/or send a text and/or send an email.
8) Record Retention Policy – Coach has no record retention policy.
9) Termination – Either the Client or the Coach may terminate this Agreement at any time with 14 days written notice. Client agrees to compensate the Coach for all Coaching services rendered through and including the effective date of termination of the Coaching relationship.
10) Limited Liability – Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all Coaching services rendered through and including the termination date. Client releases Coach of any and all liability, including Coach’s own gross negligence and/or grossly negligent acts. Client hereby assumes all risk of the Coaching relationship.
11) Entire Agreement – This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations, except the prior signed release form which is hereby incorporated into this Agreement by reference. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
12) Severability – If any provision of this Agreement 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 Agreement 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.
13) Waiver- The failure of either party to enforce any provision of this Agreement 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 Agreement.
14) Applicable Law – This Agreement shall be governed and construed in accordance with the laws of the State of Florida without giving effect to any conflicts of laws provisions.
15) Binding Effect -This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
16) Right of Publicity – Client gives permission to Coach, and/or parties designated by Coach to photograph/video me and use such photograph(s)/video(s) in all forms of media, for any and all promotional purposes including advertising, display, audiovisual, exhibition or editorial use. You further consent to the use of your name in connection with the photograph(s)/video(s) if needed by Coach. I understand and agree that I will not receive any payment for my time or expenses or any royalty for the publication of the photograph(s)/video(s) or the use of my name and I hereby release Coach and/or any parties designated by Coach from any such claims.