- Coaching Services Agreement
- Services: PitFit Training Inc. (“PitFit”) offers a range of personal coaching programs and services (collectively, “Services”) under the following Terms and Conditions and represents an Agreement between PitFit Training and the undersigned Individual (“Client”):
- Coaching Service Fees (Initial Term): Coaching Service Fees are payable in advance each month by credit card. By signing this agreement, Client is authorizing PitFit to charge his/her card on file for the services provided. Client hereby acknowledges that listed prices of Service subscriptions will be charged to Client’s card every 30 days for the designated length of subscription. Client is responsible for updating the card on file with PitFit to avoid any disruptions in coaching services due to non-payment. PitFit reserves the right to discontinue or suspend Coaching Services for non-payment and, if necessary, send Athlete’s account to a collection agency.
- Registration Fee: If applicable is non-refundable and payable upon signing this agreement.
- Term of Coaching (Initial Term): The Initial Term of this Agreement is the duration of the Coaching Services package Client selected during registration. Upon completion of the Initial Term, this Agreement automatically renews pursuant to Section I.5 of this Agreement.
- Renewal: UPON COMPLETION OF THE INITIAL TERM, AND THEREAFTER, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ADDITIONAL TERM(S) EQUAL TO THE INITIAL TERM, AT CURRENT PITFIT COACHING RATES, UNLESS NOTICE OF CLIENT’S INTENTION NOT TO RENEW IS PROVIDED IN WRITING TO PITFIT TRAINING AT AWANEE@PITFIT.COM NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO RENEWAL DATE.
- By Client during first thirty (30) days: If Client is dissatisfied with the Coaching Services performed by PitFit during the first 30 days, Client may request a refund of the first monthly fee and terminate this agreement, provided that Client submits notice in writing no later than 30 days from the start date of the Initial Term. This refund does not apply to month-to-month packages and excludes any Renewal Term(s).
- By Client during first ninety (90) days: Client may opt out of this agreement within the first ninety (90) days of the initial term with no penalty. The 30 day money back guarantee described in Section 6.A. above only applies to the first thirty (30) days.
- By Client after ninety (90) days: If Client terminates this agreement for any reason after the first ninety (90) days of the Initial term, Client will be subject to a cancellation fee equal to (1) month of the current, active, Coaching Package Level.
- PitFit may terminate or amend this agreement at any time upon ten (10) days written notice to Client.
- General Terms and Conditions (Applies to all PitFit Services)
- PitFit Independent Contractors
Certain services may be provided by independent contractors. These professionals are independent from PitFit and governed by their respective state licensing authority, if applicable. The use of such services is voluntary and the Client hereby indemnifies, releases and holds PitFit harmless from and against any liability, claims, loss or injury associated with the services.
Client agrees that the Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of PitFit, including but not limited to, the materials provided to Client from PitFit, the techniques and methodologies utilized by PitFit and its staff in rendering Services under this Agreement and the substance of the communications between PitFit and the Client. Client agrees that Client shall not reproduce any materials provided to Client by PitFit and, further, that Client will not remove any proprietary markings from materials provided to Client from PitFit, including any confidentiality notices and/or copyright notices. It is expressly understood and agreed that PitFit is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services. The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.
- Client’s Responsibilities
Client hereby agrees to abide by all applicable industry associations and national governing bodies policies and regulations surrounding the nonuse of performance enhancing drugs, including any banned substances. Client also agrees to inform PitFit of any injuries experienced during competition, training or otherwise.
- Waiver and Release of Liability, Assumption of Risk and Indemnity
- RELEASE AND ASSUMPTION OF RISK:
CLIENT REPRESENTS THAT ATHLETE IS AT LEAST EIGHTEEN (18) YEARS OF AGE. FURTHER, ATHLETE UNDERSTANDS AND AGREES THAT: (I) PROGRAMS AND SERVICES PROVIDED TO CLIENT MAY INVOLVE STRENUOUS PHYSICAL ACTIVITY INCLUDING, BUT NOT LIMITED TO, STRENGTH TRAINING, CARDIOVASCULAR CONDITIONING AND TRAINING, AND OTHER VARIOUS FITNESS AND HIGH-PERFORMANCE ACTIVITIES. (II) CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY KNOWN DISABILITY OR CONDITION WHICH WOULD PREVENT OR LIMIT CLIENT’S PARTICIPATION IN PROVIDED PROGRAMS AND/OR SERVICES. (III) CLIENT CERITIFIES THAT CLIENT HAS NOT BEEN ADVISED AGAINST PARTICIPATION IN THE ACTIVITIES INCLUDED PROVIDED PROGRAMS AND SERVICES BY A QUALIFIED HEALTH PROFESSIONAL. (IV) CLIENT ACKNOWLEDGES THAT CLIENT’S ENROLLMENT AND SUBSEQUENT PARTICIPATION IS PURELY VOLUNTARY AND IN NO WAY MANDATED BY PITFIT TRAINING INC.
IN CONSIDERATION OF PITFIT’S ACCEPTANCE OF CLIENT’S REQUEST TO PARTICIPATE IN THE SERVICES, CLIENT HEREBY INDEMNIFIES, RELEASES AND FOREVER DISCHARGES PITFIT AND ANY PITFIT REPRESENTATIVE FROM ANY LIABILITY, CLAIMS, LOSSES, COSTS, OR EXPENSES, AND WAIVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST PITFIT ARISING DIRECTLY OR INDIRECTLY FROM ATHLETE’S PARTICIPATION IN THE SERVICES, INCLUDING CLAIMS OR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY OR PROPERTY DAMAGE, MEDICAL OR ECONOMIC LOSSES, INCLUDING ATTORNEY’S FEES, WHETHER CAUSED IN WHOLE OR IN PART FROM THE SERVICES OR ANY INSTRUCTION OR TRAINING ASSOCIATED WITH THE SERVICES AND WHETHER BASED UPON THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY. THIS RELEASE SHALL BE BINDING UPON CLIENT’S HEIRS, ASSIGNEES, SUCCESSORS AND PERSONAL REPRESENTATIVE. CLIENT HEREBY FURTHER STATES THAT CLIENT CURRENTLY SUFFERS FROM NO PHYSICAL OR MENTAL CONDITION THAT WOULD IMPAIR HIS/HER ABILITY TO FULLY PARTICIPATE IN THE SERVICES. CLIENT HEREBY ACKNOWLEDGES THAT PITFIT MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DOES NOT GUARANTEE INDIVIDUAL RESULTS. CLIENT, NOT PITFIT, IS PERSONALLY RESPONSIBLE FOR THE ACHIEVEMENT OF INDIVIDUAL PERFORMANCE GOALS.
- Requirements to Obtain Services if Under the Age of 18.
For participation in Services of individuals under the age of 18, a written agreement executed by a parent or legal guardian is required. For purposes of this Agreement, the term “Client” shall include the parent or legal guardian. Further, Client agrees that if, despite the release hereunder, the minor Client or anyone on the minor Client’s behalf makes a claim against any of the Releases named above, minor Client, minor Client’s parent and/or legal guardian will indemnify, save and hold harmless each of the Releases from any liabilities including, without limitation, litigation expenses, attorneys’ fees, damage or cost incurred as a result of, or in any way, associated with any such claim.
- Governing Law
This Agreement shall be construed under and in accordance with the laws of the State of Indiana exclusive of any conflict-of-law or choice of law rules and principles. Any legal action or proceeding arising out of or relating to this Agreement shall be commenced in the state or federal courts located in Marion County, Indiana or Indianapolis, Indiana and Client irrevocably submits to the exclusive jurisdiction and venue of such courts.
This terms and conditions of this Agreement may not be amended or modified without the express written consent of PitFit and any attempt to do so shall be null and void. Client may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of PitFit. The Services are not transferable. This Agreement, together with the terms and conditions of the Coaching Package, as well as any Waiver, constitute the complete and exclusive statement of all mutual understanding between the parties with respect to the subject matter hereof, superseding all prior proposals, communications and understandings, oral or written. As part of this Agreement and for no additional consideration or agreement, PitFit may request the consent of the Client to use the Client’s name, image, likeness, and video training, for promotional purposes and any such consent by Client shall not be unreasonably withheld.