POLICY
FitBanks
CLIENT AGREEMENT
THIS SERVICE AGREEMENT is made between FitBanks Coaching and Client
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.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree as follows:
1. Methodology - In providing the Services, Coach will employ a range of methodologies to suit Client’s personal values and style. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not a Doctor, Registered Dietitian, Nutritionist or psychotherapist.
2. Compensation - Client agrees to compensate 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 immediately stop the trial until payment is received or unless an alternative outline is discussed.
3. 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.
4. 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 cancelled and the furnishing of replacement credit card information.
5. 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. In addition, should payment fail to be made within 30 days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 1% per month.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Client is responsible for reaching out to their coach with any daily questions or concerns during the stated hours of communication.
12. Client is responsible for putting together their food menu options for each week. Coach is not responsible for meal planning, but may suggest options and substitutions.
13. Clients have access to Coach via Voxer or email Monday through Friday from 8am - 5 pm. Communication received outside of the stated access hours will be returned the following business day.
14. 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.
15. 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.