Coaching Session Agreement

MLRosko Fitness LLC (“Company”)/CLIENT (“Client”) Session AGREEMENT
1. Responsibilities
A. Company
i. Company is responsible for providing the services 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 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, or late payments.
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 will be dependent on Client and other variables which are outside of the Company’s control, such as Client’s injuries, current fitness level, and health conditions.
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 complaints immediately to the Company to resolve grievances internally through an informal consultation process.
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 physical condition to perform physical activities and acknowledges these activities involve inherent risk of physical injury or other damage.
2. Program
A. Deliverables

Company offers coaching services in 1:1 55 minute sessions with Client.

ii. 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. Cancellations

i. Client must notify Company 24 hours in advance to reschedule; otherwise session is lost. If Client cancels the session within 24 hours before the scheduled time, the session is lost.

C. Payments

i. The Client shall pay the Company the full purchase amount for the Company’s services before the session.

ii. In case of payment failure, the session will be automatically terminated.
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. 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. 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. 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. 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. 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.