ONLINE COACHING AGREEMENT
SOULA FITNESS, LLC
This Agreement is between You and Soula Fitness, LLC (“Company”) (collectively the “Parties”), for the purpose of Client hiring Company for the health and nutritional coaching services outlined below. This Agreement shall become effective upon the date of Client purchasing coaching program through the checkout process on Company’s website.
1. Scope of Coaching Program
Client agrees to one of the following coaching programs:
● 8 Week Nutrition Program
o Custom Macro Based Meal Guide
o Sample Grocery List + Supplement Guide
o Weekly Check-Ins + 24/7 Access to Jalyssa via text
o Price - $197
● 8 Week Fitness + Nutrition Program
o Option for At-Home or Gym Workouts
o Custom Macro Based Meal Guide
o Sample Grocery List + Supplement Guide
o Weekly Check-Ins + 24/7 Access to Jalyssa via text
o Price - $247
● 16 Week Fitness + Nutrition Program
o Option for At-Home or Gym Workouts
o Macro Based Meal Guide
o Sample Grocery List + Supplement Guide
o Weekly Check-Ins + 24/7 Access to Jalyssa via text
o This program includes everything the 8 Week Fitness + Nutrition Program has to offer, but with 8 additional weeks of coaching, you will see more results, and create long-term, sustainable healthy habits at an affordable price.
o Price - $447
2. Fees
In consideration for the coaching services provided by Company, Client agrees to compensate Company the amount agreed to on the checkout form and shall make payment online through debit/credit card.
Client shall pay the full non-refundable, non-transferable program fee at the time of sign up. Company will not begin coaching program and communication with Client until the full fee is paid.
Any additional coaching services, calls, texts, emails and time beyond the scope of the coaching program listed at the top of this contract, will be billed by Company at $75.00 per hour.
3. Refunds
In the event that this Agreement is terminated pursuant to Section 8, no portion of any payments of any kind whatsoever shall be owed or refunded to Client.
4. Initial Questionnaire & Check-ins
Once Client has purchased a program, Company will confirm your order. Client will then recieve access to a questionnaire. This questionnaire must be completed and emailed back to Company at hello@soulafitness.com within 7 days from the date sent to Client. If the questionnaire is not completed and emailed to Company within 7 days, Client has forfeited their program and no refund will be provided.
Check-ins are due by 12:00 PM on Client’s assigned check-in weekday via email at: hello@soulafitness.com. Client shall send the weekly check-in document, attach a screenshot of the last seven (7) days of nutrition summaries, front/side/back photos next to your week 0 photos.
Company allows for ONE late check-in. In the event Client misses two check-ins, Client understands and agrees that it will no longer receive email and text support from Company and it will not receive any additional workout programs for the remainder of the coaching program.
5. Communication
Company is generally available to provide services during normal business hours: 8:00 am – 5:00 pm MST. Company’s primary source of communication is through its phone via text. Client shall only send emails to Company for weekly check-ins. Company will respond to any Client inquiry via text within 24 hours during business hours. Client agrees and understands that Company may take holidays and vacations off throughout the year. Company will notify Client within 5 days of these time periods.
6. Renewal
If Client wishes to renew this Agreement, Client must notify Company within 14 days prior to this Agreement ending, and Company will honor Client’s renewal with a $10.00 off continuing client code. All renewal codes must be used immediately after Client’s coaching program ends towards a new coaching program or else will be forfeited.
7. Referrals
Company offers a referral fee of $25.00 for any referral by Client who then subsequently becomes a new client of Company. Client shall notify Company who they are referring as soon as practicable so that Company can accurately identify the referral as coming from Client. This referral fee will be paid by Company via a coupon code for Client to be able to use toward any subsequent coaching programs it books with Company. Referral codes expire after 6 months from when the Company inputs the code into its system. All coupon codes have no cash value.
8. Term & Termination
This Agreement shall last for a term of the coaching program (either 8 weeks or 16 weeks). Client may terminate this Agreement at any time upon giving seven (7) days written Notice to Company, but no refund will be given under any circumstance. Notice may be given via email. If such notice is given and there is still an outstanding balance on Client’s account, Client must pay the remaining balance to Company. Company reserves the right to collect any outstanding and unpaid balance.
Company may terminate this Agreement at any time in the event Client breaches contract, Client misses more than one check-in, if there is a lapse of communication between Client and Company that makes the continuation of the coaching program not feasible, Client does not remit payment as specified in Section 2, or Client fails to comply with any of its responsibilities under this Agreement. No refund will be given under any circumstance.
9. Service Location
Both Parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.
10. Billing Insurance
Company is a fee-for-service provider and does not accept insurance. Some major health insurance companies may cover all or a portion of fitness or nutrition counseling. However, each insurance provider varies depending upon the agreement Client has with it’s specific insurer and Client is responsible for any and all types of insurance reimbursement on its own.
11. Copyright
All coaching services, PDF nutritional documents, PDF fitness documents, emails, digital files, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s nutritional and fitness coaching content is owned by Soula Fitness, LLC, and is not to be used for purposes beyond Client’s personal implementation. Any violations of this federal law, including Client disseminating copyrighted material to any third-parties, will be subject to civil and criminal penalties.
12. Duty of Company Regarding Client Confidentiality
As a part of nutritional coaching services, Client may be asked to provide information concerning its physical habits, medical history, moods, energy levels, food likes and dislikes, lifestyle, and diet. Company will hold this information in confidence and will not release or disclose this information outside of the practice of Soula Fitness, LLC without Client’s prior consent, except as required by applicable law.
13. Assumption of Risk & Release of Liability
CLIENT ACKNOWLEDGES AND TAKES FULL RESPONSIBILITY FOR THE CLIENT’S OWN HEALTH, WELLNESS, AND LIFE, AND ALL DECISIONS MADE DURING AND AFTER THIS COACHING PROGRAM. CLIENT EXPRESSLY ASSUMES THE RISKS OF THE NUTRITIONAL AND FITNESS SERVICES PROVIDED BY COMPANY PURSUANT TO THIS AGREEMENT, INCLUDING THE RISKS OF TRYING NEW FITNESS PROGRAMS, NEW FOODS, NEW SUPPLEMENTS, AND THE INHERENT RISKS IN MAKING LIFESTYLE CHANGES.
CLIENT HEREBY RELEASES SOULA FITNESS, LLC, AND ITS AGENTS, FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, WHICH THE CLIENT EVER HAD, NOW HAS, OR WILL HAVE IN THE FUTURE AGAINST COMPANY, ARISING FROM OR RELATING TO THE CLIENT’S PAST OR FUTURE PARTICIPATION IN, OR OTHERWISE WITH RESPECT TO, THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, UNLESS ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY.
14. Model Release & Promotion by Company
Client understands and agrees that by signing this Agreement it gives Company a model release to use any photographs of Client sent to Company for advertising, trade, promotion, exhibition, or any other lawful purposes. Company will not use Client’s name or face (all progress photos sent to Company will be cut off). Company will not give any photos of Client to third-parties without the prior written consent of Client. Client may withdraw consent at any time by giving Company seven (7) days written Notice.
15. No Guarantees
Company does not make any guarantees as to the results, including nutritional, health, weight loss, muscle gain, or other personal/fitness gains, of any services provided. Company agrees to provide the coaching services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.
16. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the coaching program will produce different outcomes and results for each Client. Client understands and agrees that:
Every client and final result is different.
Nutritional and fitness coaching is a subjective service and Company may give different information to each Client depending on its needs and personal health and nutritional needs.
Company will use its personal judgment to create favorable experiences to each Client depending on their personal health and nutritional needs.
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.
17. DISCLAIMER
Client agrees and understands Jalyssa McPherson, owner of Soula Fitness, LLC, holds a BS in Exercise Science and is licensed as a professional Certified Personal Trainer with the National Academy of Sports Medicine, and is NOT providing the professional services of an doctor, registered dietician, therapist or any other kind of licensed or certified professional. Company does not dispense medical advice nor prescribe medical treatment.
18. Maximum Damages
The sole remedy for any actions or claims shall be limited to the maximum amount not to exceed the total monies paid by Client under this Agreement.
19. Limitation of Liability
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
20. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.
21. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
22. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Montana including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Missoula County, Montana. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
23. Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Missoula County, Montana, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
24. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
25. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of all Parties.
26. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
27. Notice
The Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent.
28. Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.
Client Signature
By checking the box on this order form and upon completion of coaching program purchase, Client confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.
Company Signature
Company has read, understands, and agrees to the terms and conditions of this Agreement.
/Jalyssa McPherson/
Owner of Soula Fitness, LLC