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Terms of Service

Refunds

No portion of any payments of any kind whatsoever shall be owed or refunded to Client. Copyright

All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and is protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s course and content is owned by Progressive Performance Personal Training and is not to be used for purposes beyond client implementation. Violators of this federal law will be subject to its civil and criminal penalties.

Confidentiality

Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (¡i) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (ili) use Confidential Information other than solely for the benefit of the Company. Client understands and agrees to this confidentiality clause.

Photo Release

Whereas for valuable consideration hereby acknowledged as received, you agree to grant the company permission to photograph you and thereafter to use the photographs in whole or in part without restriction anywhere, in any medium, for any purpose and altered in any way. You agree to release the company from all claims of liability relating to the use of the photographs. This permission and release shall be irrevocable and binding upon your successors, legal representatives and assigns and shall accrue to the benefit of the company’s successors, legal representatives and assigns.

Guarantees

Company does not make any guarantees as to the results, including nutritional, health, or other personal gains, of any services provided. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

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:

1. Every client and final result is different.

2. Health coaching and/or consulting is a subjective service and Company may give different information to each Client depending on his/her nutritional needs. personal health, and goals.

3. Company will use its personal judgment to create favorable experiences for each Client depending on their personal health and nutritional needs.

4. 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.

Disclaimer

Client agrees and understands the Company is not providing the professional services of a nutritionist, dietician, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must take personal responsibility to seek out professional services with the appropriate service provider.

Relationship of the Parties

The Parties acknowledge and agree that the services performed by Company, its employees, agents or subcontractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties.

Indemnification

Client will indemnify, defend and hold harmless Company, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Company or persons furnished by Company; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by Company to perform its obligations under this Agreement; (d) any negligent act or omission committed by Company in the performance of the Services; or (e) any claims, actions, or other proceedings based on a claim that any work provided by Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

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.

Limitation of Liability

Client acknowledges that while the Company may provide business and personal solutions and suggestions, it is up to Client to act on his/her own best interest and all decisions for improvement ultimately fall upon Client. Client agrees to hold Company harmless for any and all damages that may be made to the business of Client. Client agrees that all business, personal, and financial decisions are his/her own

responsibility. 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.

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 ten (10) calendar 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 thirty (30) calendar days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. If the Client is the Impacted Party, they must pay any termination fees as specified in Section 4 of this Agreement. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-retundable.

Non-Disparagement

Company and the Client agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the others business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either Party’s disclosure I information which is required to be disclosed in compliance with applicable laws or

regulations or by order of a court or other regulatory body of competent jurisdiction.

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.

Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of law. 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 Franklin County, Ohio. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

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 arbitrators). The arbitration proceeding shall take place in Franklin County, Ohio 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.

Transfer

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

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.

Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent.

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.

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