MLRosko Fitness LLC Agreement (“Company”)/CLIENT (“Client”) AGREEMENT

1. Responsibilities

A. Company

i. Company is responsible for providing the services promised while working within their own scope of practice. Company does not provide medical, psychological, or psychiatric advice, and this program is not intended to substitute such advice or help.

ii. Company is responsible for maintaining client confidentiality. Company will never disclose Client’s personal information. Company may use Client’s stories, photos, testimonials, words, and data for teaching and marketing purposes. Company will keep Client anonymous upon explicit request.

iii. Company reserves the right to suspend or stop services without refund due to Client negligence, harassment, late payments, or any other reason Company deems appropriate.

B. Client

i. Client is responsible for their own results and acknowledges that the Company does not guarantee any results for the Client. Client’s results are dependent on Client and variables which are outside of the Company’s control, such as Client’s willingness, involvement, communication, health conditions, & other variables.

ii. Client is responsible for maintaining regular and clear communication with the Company for the purpose of fulfilling the obligations under this Agreement. Client understands that failure to maintain regular communication will affect Client’s results. Should the Client at any time need to discuss any matter, the Client is encouraged to report any grievances or concerns immediately to the Company.

iii. Client is responsible for adhering to Company’s strict Kindness Policy. The Client acknowledges that we do not allow hate speech, harassment, or any form of discrimination on any basis, including but not limited to gender, race, sex, religion, or any other protected category.

iv. Client is responsible for making payments on time. The Client further understands that failure to pay on time can result in removal from the program, and that the Company shall not begin offering any service if the Client has not paid any amount.

v. Client is responsible for their own mental, physical, emotional, and psychological health. The Client warrants that they are in proper mental and physical condition to perform the mental and physical activities at their own risk. Client acknowledges these activities involve inherent risk of physical injury or other damage.

2. Program

A. Deliverables

i. Company offers Client access to the services promised on the web page or email where Client registered. Specifically, the Company shall provide learning materials, health coaching, movement education, and nutritional guidance, “the services.”

ii. The Company represents that it is authorized; duly licensed (as applicable); and has the qualifications, the experience, and the ability to properly perform the Services.

B. Termination

i. The Company reserves the right in its sole discretion to refuse or terminate Client's access to the Program, in full or in part, at any time without notice.

ii. If at any point, the Client would like to cancel or terminate participation in the Program or Materials provided, Client must reach out directly to the Company.

iii. Once canceled or terminated, the Client will lose access to all Program and Materials.

iii. Neither party shall be considered in default of performance of any obligations under this Agreement if such performance is prevented or delayed by Force Majeure. “Force Majeure” shall be understood to be any cause which is beyond the reasonable control of the party affected and which is forthwith, by notice from the party affected, brought to the attention of the other party, including but not limited to war, hostilities, revolution, civil unrest, strike, lockout, government- ordered restriction or cessation of activity, accident, fire, natural disaster, wind or flood or any requirements of law.

C. Payments

i. The Client shall pay the Company the full purchase amount for the Company’s services, according to the payment method. The said payment shall be non-refundable.

ii. In case of payment failure, Client agrees to remedy the situation immediately or else Client forfeits his/her right to access the Program. In the event a payment is not made, Company will temporarily suspend access until the full amount due is paid.

iii. Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.

iv. Client authorizes Company to charge the card or account used at checkout, and any other account information given to Company.

3. Waivers

A. Confidentiality

i. The Client will not infringe upon any copyright, patent, trade secret, or other property rights of the Company.

ii. During the term of this Agreement and after it has ceased, the Client shall not use or divulge any confidential information on the Company’s practice and its clients to any third party. Confidential information, for the purpose of this Agreement, includes without limitation, proprietary frameworks, processes, sequences, and steps. Nothing in this Agreement precludes the Company from sharing the Client’s data within the Company’s community to strictly produce benchmarking data that serves the Clients.

B. Relationship

i. The Company or any Sub-company or agent will not bear any responsibility for any injury or loss sustained by the Client while performing the tasks under this Agreement.

ii. The Client will act as an independent entity to the Company, and in no way shall be considered an employee of the Company. Accordingly, the Client does have any express or implied power to enter any contracts or commitments or to incur liabilities in the name of, or on behalf of, the Company, or to bind the Company in any respect whatsoever.

iii. Company reserves the right to engage sub-Company to perform any work related to this contract.

C. Entirety

i. This Agreement represents the entire Agreement between the two parties and supersedes any previous written or oral agreement.

ii. This Company reserves sole authority to modify and amend this Agreement at the Company’s discretion. Accordingly, the Company may modify, amend, supplement and replace these terms and conditions at any time with advance notice to the Client. Your continued use of this Program after any change means you have accepted the changed terms and conditions.

iii. The Client enters this Agreement based on the terms and conditions herein, and not based on any representation made by any person other than as set out in this Agreement.

iv. The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their full force and effect.