Terms of service

AGREEMENT BETWEEN “STAYFITSANDT LLC” AND COACHING CLIENT

This Agreement is made effective as of the date of acceptance by the Coaching client hereafter referred to as “Client,” and “STAYFITSANDT LLC” hereafter referred to as "STAYfit Fitness and Nutrition Coaching".

WHEREAS, Client desires to engage "STAYfit Fitness and Nutrition Coaching" to provide Health & Fitness coaching services; and
WHEREAS, "STAYfit Fitness and Nutrition Coaching" is willing to provide such services to Client;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. Services

"STAYfit Fitness and Nutrition Coaching" shall provide Client with health & fitness coaching services as agreed upon between the parties. Such services shall be rendered in accordance with industry standards and in a professional and workmanlike manner.

2. Compensation

Client shall pay "STAYfit Fitness and Nutrition Coaching" for the services provided under this Agreement at the agreed upon rate. ALL programming offers from "STAYfit Fitness and Nutrition Coaching" require a 3 month minimum commitment and a 30 day cancellation notice. Any requests to cancel programming submitted under the 30 day minimum requirement will still be charged the next scheduled payment and no further debits will occur thereafter.
“EXAMPLE TERM”--Quarterly commitments will be due upon receipt and will be recurring every 3 months.

3. Confidentiality

"STAYfit Fitness and Nutrition Coaching" agrees to maintain the confidentiality of all information obtained from Client in the course of providing services under this Agreement. Client agrees to maintain the confidentiality of all information obtained from "STAYfit Fitness and Nutrition Coaching" in the course of receiving services under this Agreement.

4. Intellectual Property & Restrictions on Use

Client agrees that all materials, content, programs, courses, written documents, videos, images, and other intellectual property created or provided by "STAYfit Fitness and Nutrition Coaching" are the exclusive property of STAYfit Fitness and Nutrition Coaching.

Any images, graphics, or visuals included in the course that are licensed from third-party sources (e.g., Canva Pro) are used legally under their respective licenses, and ownership remains with the original creator.

Client may not copy, reproduce, distribute, share, sell, or otherwise transmit any content in any form to any third party without express written permission from "STAYfit Fitness and Nutrition Coaching". Any violation of this clause may result in immediate termination of services without refund and potential legal action.

5. Limitation of Liability

In no event shall "STAYfit Fitness and Nutrition Coaching" be liable to Client for any indirect, incidental, consequential, or punitive damages arising out of or relating to this Agreement or the services provided hereunder.

6. Health & Medical Disclaimer

When purchasing any service from "STAYfit Fitness and Nutrition Coaching", the Client is under the full understanding that "STAYfit Fitness and Nutrition Coaching" is not a medical doctor. The information provided is for general informational purposes only and should not be considered as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem - nor is it intended to replace the advice of a physician. Consult your physician on matters regarding a medical condition. These programs are also to be considered only after the client has consulted with their physician or health care provider to ensure that the client is physically and emotionally fit to endure any nutrition, supplementation, and physical activity recommendations made by “StayFit LLC”. The program the Client is receiving is based solely off of personal recommendation through experience in the health and fitness field, higher education, and data provided in the on-boarding process. The client also understands that everything they receive from "STAYfit Fitness and Nutrition Coaching" is only a suggestion and completely optional.

7. Assumption of Risk

When executing any service recommendation program/plan as stated above from "STAYfit Fitness and Nutrition Coaching", the Client acknowledges and is fully aware that with every nutrition program, supplement plan, exercise plan, etc., there is always a risk of minor or serious injury that could result in death. The client agrees that "STAYfit Fitness and Nutrition Coaching" is not liable for any recommendations that were given historically (any date prior to the date of signature on this form) and hereafter, for any injuries, illnesses, sickness, impairments, dietary reactions, or anything else related to nutrition, supplementation, and all physical activity recommendations, and that following any or all of these program recommendations are at the Client’s own risk. The Client relinquishes the ability to file any and all legal suits against "STAYfit Fitness and Nutrition Coaching" for any service recommendation provided explicitly or implicitly stated in this document, and all verbal correspondence outside of this document, regardless if monies were exchanged for service recommendations or not.

8. Photo/Video Release

The Client gives permission to have all photos and/or video recordings taken of the Client by "STAYfit Fitness and Nutrition Coaching" or the client (whether historically taken prior to the date of signature on this form), and hereafter, can be used for promotional purposes by "STAYfit Fitness and Nutrition Coaching" even though the client will not receive compensation of any kind for appearing in such photos and/or video recordings. The Client has read and understands this is voluntary and accepts the conditions of the Photo/Video release as outlined above.

9. Communication

The owner of "STAYfit Fitness and Nutrition Coaching" responds to messages twice a day between 8:00 AM EST & 5:00 PM EST, Monday thru Thursday. On all major holidays, the Owner will not be in the office. The Owner may respond outside of normal business hours but it is not required. The best form of contact for the Owner is via email (stayfitcoaching.info@gmail.com).

GENERAL PROVISIONS

  1. The Client acknowledges and is made fully aware that "STAYfit Fitness and Nutrition Coaching" is NOT a medical doctor and is only providing recommendations.

  2. The Client acknowledges and is fully aware that "STAYfit Fitness and Nutrition Coaching" cannot and does not offer any guarantees.

  3. The Client acknowledges they are not authorized to disseminate, share, convey, or transfer any recommendation, either orally or written, provided by "STAYfit Fitness and Nutrition Coaching" without express written consent.

  4. The Client acknowledges "STAYfit Fitness and Nutrition Coaching" Refund & Return Policy, that ALL monies received for the services outlined above are non-refundable or transferable for any reason whatsoever. The client agrees to pay in advance for all recommended services.

  5. The Client understands "STAYfit Fitness and Nutrition Coaching" has the right and the authority to terminate the program at any time, with no refund, if Client does not adhere to the program or fails to conduct themselves in an appropriate manner as deemed appropriate by "STAYfit Fitness and Nutrition Coaching".

The Client hereby releases, indemnifies, and holds harmless "STAYfit Fitness and Nutrition Coaching" from any and all manner of actions, causes of action, suits, proceeding, debts, dues, contracts, judgments, damages, claims and demands whatsoever in law or equity stemming from the agreement between the Client and "STAYfit Fitness and Nutrition Coaching" in regards to ALL service recommendations (whether monies were exchanged for recommended services or not) explicitly or implicitly outlined in every area of this document, to include any and all verbal correspondence recommendations outside of this document.

By checking/signing, the Client fully understands all the above-referenced terms and fully agrees. Furthermore, the Client has not been coerced into entering into this release and agreement.