CLIENT AGREEMENT
This Client Agreement (this “Agreement”), dated as the date set forth above the signatures hereto (the “Effective Date”), is by and between “SCULPT By Sanura”, (“Coach”) and the undersigned Client (“Client”). In consideration of premises and mutual covenants whereas, Client desires to receive certain consulting services from Coach, and Coach desires to provide such services on the terms and conditions set forth herein. For mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree as follows:
Services - In providing the Services, Coach will employ a range of coaching techniques to suit Client’s personal values and style. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not a Therapist, Doctor, Registered Dietitian, or Nutritionist.
Compensation - Client agrees to pay Coach according to the payment schedule set forth prior to beginning the program. The parties hereto agree that Client's failure to make or permit payments, Coach shall charge a 5% (five percent) late penalty to all balances that are not paid when due.
Refunds - Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, set forth. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
Chargebacks and Payment Security - To the extent that Client provides Coach with credit card information for payment on Client’s account, Coach shall be authorized to charge Client’s credit card(s) for any unpaid charges. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to Coach at the time such credit card is canceled and the furnishing of replacement credit card information.
Failed Payments - In the event Client fails to make any of the payments within the time prescribed, Coach has the right to immediately cease all work until payment in full is paid or to collect interest for late payments if agreed to in writing at a later date.
No Transfer of Intellectual Property - Coach’s copyrighted and original materials shall be provided to the Client for Client's individual use only. Client shall not be authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied.
Confidentiality - Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity. Client will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
Agreement between Coach and Client - Client agrees to not withhold any information necessary for Coach to provide the Services or that could prevent the sessions from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services.
Medical Disclaimer - Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s medical doctor, therapist or physician. If Client is presently under any form of psychiatric care, psychological therapy, specialized medical supervision or under the influence of any form of medication, Client is to inform Coach prior to working together.
Termination - Coach may, at any time and without cause, terminate this agreement, at which time any and all amounts representing Services and other goods and services actually provided by Coach to Client shall immediately become due and payable.
Client and Coach Expectations - Client is responsible for reaching out to their coach with any daily questions or concerns during the stated hours of communication. Coach is not responsible for meal planning, but may suggest guidance, options, and substitutions. Clients have access to Coach at their future discretion, via text, phone, or email Monday through Friday from 8am-5pm in Coach’s local time zone. Communication received outside of the stated access hours will be returned the following business day. After Client submits their check in, feedback will be provided to Client in which Coach will be looking to ensure the proper daily goals have been met, as determined by Client’s initial assessment and progression updates. A schedule of submission and review will be established between Coach and Client.
Results - Results are determined by the effort Client puts into proper goal setting, commitment, and consistency along with the combination of a proper fitness regimen each week. Coach is positioned to educate and guide Client, however Client’s results are ultimately determined by their own choices.
No Waiver. No waiver of any right or option hereunder by either party shall operate as a waiver of any other right or option, or of any subsequent occasion for its exercise, or of any legal remedy. All remedies provided by this Agreement are in addition to all other remedies by it or the law provided.
Counterparts. Execution and delivery of this Agreement may be in counterparts evidenced by facsimile transmission.
LIABILITY WAIVER
In consideration of being allowed to participate in the activities and services offered by Coach, and to use its programs and training, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge and hold harmless Coach and its trainers, officers, agents, and employees from any and all responsibility, liability, cost, and expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs designed by Coach.
I understand and am aware that strength, flexibility, and aerobic exercise, including equipment use, are potentially hazardous activities. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities.
I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent my participation or use of equipment or machinery except as hereinafter stated. I acknowledge that my Coach has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise and training equipment so that I might have his/her recommendations concerning these fitness activities and equipment use. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in activity and use of equipment, machinery, and programs designed by Coach without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities. In addition, I hereby represent and warrant that I am currently covered by an accident and health insurance policy.