Ignited Fitness Coaching Terms and Conditions
Whereas CLIENT wishes to retain the professional services and expertise of Ignited Coaching and it’s agents, coaches and employees (collectively “Ignited Coaching”) to design for CLIENT a personalized fitness programme, which may include one or all of the following: a customized diet, nutrition advice, online membership, training program/s which may include weights and/or cardiovascular exercise, supplement schedule, and personal consultation (hereinafter the ‘SERVICES’) online and in person; and
Whereas Ignited Coaching agrees to provide the SERVICES to CLIENT, in exchange for a fee, in accordance to the following terms and conditions,
IT IS HEREBY AGREED AS FOLLOWS:
CLIENT hereby retains Ignited Coaching, as an independent contractor, to design the SERVICES for CLIENT, including a personalised fitness programme, to enhance the health and fitness of CLIENT, and to meet the health and fitness goals of CLIENT
Due Diligence by Client
CLIENT acknowledges that he/she has provided Ignited Coaching with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT. CLIENT agrees that she shall use his/her best efforts to comply with the diets, programs, schedules and recommendations made by Ignited Coaching as part of the SERVICES. CLIENT expressly warrants and affirms to Ignited Coaching that he/she has obtained appropriate medical clearance to participate in the diet, exercise and training programs comprising the SERVICES.
Assumption of Risk/Waiver of Liability
CLIENT understands and acknowledges that participation in any diet, exercise and training program or membership carries with it the inherent risk of bodily injury and/or illness. CLIENT agrees that she will forever release and hold Ignited Coaching from and against any and all claims, whether for personal injuries, illness or otherwise, arising from the SERVICES, and that she shall not in any way seek to hold Ignited Coaching liable for any and all such claims.
Not a Substitute for Medical Treatment
CLIENT understands and acknowledges that the SERVICES, including the fitness program, are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENT’s own physician. CLIENT acknowledges that as a Fitness and Wellness Coach, Ignited Coaching is by no way a Medical Doctor, Psychologist, Psychiatrist, Dietitian or a registered Health Professional and that our sessions together do not in any way replace any required medical treatment. If you are under medical care for reasons relating to our coaching, now or at any time in the future you will need to provide written acknowledgement from your Doctor before coaching can proceed / continue.
Confidentiality and Non Disclosure
CLIENT acknowledges and agrees that any and all information disclosed or provided by Ignited Coaching in connection with the SERVICES is strictly confidential in nature, and constitutes proprietary work product owned by Ignited Coaching. The SERVICES shall be utilized by CLIENT for the sole purpose of the fitness program and will not be disclosed, or permitted to be disclosed via the internet in any manner, INCLUDING FORUM JOURNALS, WEB BLOGS, PERSONAL WEBSITES OR COMMERCIAL WEBSITES, through literary publication, or otherwise, to any person or entity except as otherwise set forth herein. CLIENT acknowledges and agrees that he/she shall forever maintain as confidential, and that he/she shall not disclose to any third party (other to a treating physician of CLIENT), any of the information, schedules, diets, recommendations and/or details concerning the SERVICES. CLIENT acknowledges and agrees that his/her duty of confidentiality and non-disclosure pursuant to this Agreement shall survive completion, cancellation, termination or cessation of the SERVICES. CLIENT acknowledges that he/she shall not knowingly or carelessly disclose, cause to be disclosed, or assist in disclosing or otherwise using or disseminating any information disclosed or provided by Ignited Coaching in connection with the SERVICES. CLIENT acknowledges and agrees to take reasonable measures to prevent unauthorised persons or entities from having access to, obtaining or being furnished with, the information and details comprising or related to the SERVICES.
As part of the SERVICES, Ignited Coaching will make records. These will be kept confidential and will not be shared with a 3rd party person without CLIENT'S permission. However, in relation to the law Ignited Coaching has obligation to speak to a 3rd party if in belief that any serious crime has been or is to be committed or harm is likely to be caused to any person.
Immediate Right to Terminate Services
CLIENT acknowledges and agrees that Ignited Coaching shall be entitled to immediately cease and terminate the SERVICES, without notice, in the event CLIENT discloses, or causes to be disclosed, to any third person or entity any information or details comprising or concerning the SERVICES, and in such event Ignited Coaching shall be entitled to retain any and all remaining funds paid by CLIENT in consideration for the SERVICES, and Ignited Coaching shall also be entitled to seek legal recourse against CLIENT.
Indemnity for Breach of Agreement
CLIENT agrees to indemnify and hold harmless Ignited Coaching for an and all losses, claims, damages, attorney’s fees, judgments or liability arising from CLIENT’s breach of this Agreement.
CLIENT acknowledges and agrees that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be resolved by disputes tribunal in New Zealand, utilising procedural laws of Small Disputes Tribunal of New Zealand. The Parties shall be entitled to such discovery as shall be determined by the judge(s).
No Unwritten Waiver Effective
No waiver of any breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. Ho waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Ignited Coaching and Independent Contractor
With regard to performance of the SERVICES and all matter referenced in this Agreement, Ignited Coaching shall at all times be an independent contractor. Nothing (in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between CLIENT and Ignited Coaching. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.
Fees will need to be settled prior to CLIENT receiving fitness plans. For Programs, memberships and Coaching Plans, Ignited Coaching can provide different payment plans upon request.
The CLIENT agrees to make weekly payments of $25 NZD, or monthly payments of 108.33 NZD starting on the day of sign up. The CLIENT agrees that all payments are non-refundable. The CLIENT agrees that 30 days' notice is required for cancellation. Billing will continue until CLIENT gives notice.
Read and Understood
By signing up to this membership the CLIENT acknowledges and warrants that she has read and understood this entire Agreement, and that she agrees to be legally bound by the terms and conditions of this agreement.