NSL Coaching Agreement

1) Coach-Client Relationship

1. The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any ac- tions or inaction, or for any direct or indirect result of any services provided by the Coach.

2. In order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

3. The Client understands coaching is not therapy and does not substitute for therapy if need- ed, and does not prevent, cure, or treat any mental disorder or medical disease.

4. Coaching is, by design, a confrontational process. At times, clients may feel they are unable or unwilling to move forward as fear, discomfort and limiting factors arise. While the coach understands this is a normal part of the process, the Coach is committed that Clients achieve results and not be stopped by fears or concerns.

2) Services

1. The parties agree to engage in a recurring 12-week phases, that include coaching engage- ment through zoom sessions. Coach will be available to Client by e-mail or Voxer in between scheduled sessions. The time set aside for sessions is the only specific time that you are guaranteed the Coach will be available.

2. Client agrees that it is their responsibility to keep all food logs, body metrics, and photos up to date before all scheduled meetings so that the coach can ensure the best service and feedback from the data provided.

3) Fees and Payment

1. Client agrees to compensate the Coach for all services rendered through and including the effective date of agreed termination of the coaching relationship.

2. This Coaching Agreement is valid before the first coaching session. Payment may be in the form of a check, cash, bank transfer, or major credit card. The client cannot transfer, assign,

NSL Coaching Agreement

or novate this Agreement to anyone else without the Company’s advance permission in writ- ing, which may be subject to additional considerations.

C. If the client’s payment is declined due to insufficient funds or inaccurate card information Never Settle Lifestyle, LLC has the right to cancel the membership and access to all program materials without notice. If the client would like to re-sign for their program they will be re- quired to start their 12-week cycle over from week 1.

4) Scheduling

Sessions will be approximately up to 60 minutes with appointment
slots available on a first come, first served basis. The
time and communication technology/location of sessions will
be determined by mutual agreement of Coach and Client. It is our goal to be respectful of everyone's time and as effective as possible within the

time allotted.

5) Cancellation Policy

1. Client agrees that it is their responsibility to notify the Coach at least 24 hours in advance of the scheduled session to cancel and/or reschedule. Coach reserves the right to bill Client for missed sessions or late cancels (less than 24 hours notice) and count such cases against total sessions.

2. We recognize that sometimes life has unexpected circumstances that may require a session be rescheduled by either the coach or the client. Any session where notification is provided in ample time will be re-scheduled, as time and availability permits.

6) Termination and Refunds

C. Client agrees that all payments will be a recurring charge unless otherwise terminated. Pro- gram terminations must be submitted 14 days in advance by the Client of the next scheduled payment by written statement emailed to [email protected] otherwise Client will be required to pay the upcoming payment.

D. The Coach has the right to cancel the program at anytime, without notice, and remove ac- cess to program materials.

NSL Coaching Agreement
E. Clients will have access to all program materials until time of cancellation.

7) Shared Materials

1. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

2. Over the course of your coaching engagement the Coach may share information, materials, forms, handouts, etc. with the Client in service of Client’s goals. Client agrees to treat these as intellectual property for personal use only and are not to be shared, reproduced or sold, unless specifically noted.

3. The client will have photos taken and requested throughout the program of the front, side, and back of the body in swimwear or other appropriate attire. The client agrees this is a nec- essary step to the program that enables the coach to see progress, month to month. Client agrees that the coach and only Client and Coach can see these photos unless otherwise dis- cussed in advance. The Client understands that no one else can access or view the images unless otherwise stated by the Coach.

4. Client agrees that Never Settle Lifestyle, LLC, and/or Precision Nutrition feels that if client's transformation could help inspire someone else, client consents to let them use the photo- s.These photos may be used on social media, for marketing related materials, teaching and/ or publications. The client agrees they will be notified before any of the content is made pub- lic. Client will be given the choice to have face obscured and name not identified in the pho- tos to conceal identity by covering the face and not identifying by name. Client understands that someone may recognize them regardless.

5. ClientagreesthatprogressphotoswillbetakenweeklyeveryFridayandduenolaterthan the following Sunday evening at 11:59 pm. Photos will be sent on time to the coach via Shared Google Photos Album.

8) Limited Liability

Except as expressly provided in this Agreement, the Coach

NSL Coaching Agreement

makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

9) My coach’s advice cannot replace the advice of a trained medical professional.

1. Client agrees to take responsibility for their mental, physical and emotional condition before, during and after working with Never Settle Lifestyle, LLC, coach(es)/employees and pro- grams. I agree that it is my responsibility to work directly with my healthcare provider before, during, and after seeking nutrition, lifestyle and/or fitness consultation with Never Settle Life- style, LLC, coach(es)/employees to ensure that I remain in stable physical, mental and emo- tional condition and that as the client are ready, willing and able to receive such services.

2. Client agrees that they will not hold Never Settle Lifestyle, LLC coach(es)/employees re- sponsible for any mental, physical, emotional, or the like ailments that may or may have oc- curred before, during and after working with Never Settle Lifestyle, LLC, coach(es)/employ- ees and programs. Including but not limited to allergic reaction or intolerances by foods. Client recognizes it is their responsibility to understand their own body and health limitations.

3. Client agrees that they will not hold Never Settle Lifestyle, LLC, coach(es)/employees, its agents, officers, and employers and any affiliated companies liable with respect to personal, physical, mental or emotional injury, damage of personal property, lack of desired results arising out of, or connected with, your use of the information and tools discussed and ap- plied.

4. Client understands that any information provided is not to be followed without prior approval of their doctor. If client chooses to use this information without such approval, client agrees to accept full responsibility for their decision.

NSL Coaching Agreement

E. Client agrees to accept full responsibility for all personal decisions and to hold harmless Never Settle Lifestyle, LLC.

10) Entire Agreement

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

11) Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute

is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

12) Serveability

If any provision of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13) Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce

NSL Coaching Agreement

and compel strict compliance with every provision of this Agreement.

14) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, without giving effect to any conflicts of laws provisions.

15) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.