Fit Rich Life
Agreement and Policies
This Coaching Agreement and Waiver ("Agreement") is made as of the date last signed by either party between Fit Rich Life ("FRL") and the participant ("your or "I") identified on the signature lines to this Agreement. This Agreement contains important waivers which you should read carefully before signing. References to FRL below include the Coaches; references below to Coaches include FRL. have volunteered to participate in a fitness and financial and/or career coaching program provided to me by FRL. The fitness program may include, among other things, resistance training and aerobic or cardiovascular exercise.
Coaching: Physical Health
A FRL Coach may provide you with health and fitness guidance. You understand that it is not FRL's responsibility to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. FRL is not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist or other licensed or registered professional, and that any advice given by FRL is not meant to take the place of advice by these professionals. If you are under the care of a health care professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor, and you should not discontinue any prescription medications without first consulting your doctor. FRL 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.
Coaching: Financial Health
A FRL Coach may discuss with you with financial or investment options. You understand and agree that no specific outcome is guaranteed, and it is up to you to determine if or how to act on those discussions. While investments may be discussed during the course of the coaching program, it is not the intention of this agreement to provide investment advice. You are advised to consider a Personal Financial Planner or Personal Financial Advisor for such advice. FRL may discuss with your ideas about tax strategies and planning, but FRL Coaches are not tax accountants or lawyers, and FRL does not offer tax or legal advice.
The purpose of FRL's financial coaching is to evaluate your current financial situation and educate you on how to meet your financial goals, including recommendations for specific courses of action. We seek to empower you through education and skill building so that you are better able to make your own financial choices.
During the course of Financial Coaching. the Coach may share with you information and/or independent research or opinions on stocks, funds, insurance products, tax strategies, tax planning, and other services using outside sources believed, but not guaranteed, to be accurate. In no case should this data be construed as a solicitation to buy or sell a particular issue or product. Financial coaching is not a replacement for financial advisory and planning services; rather, it enables you to work with financial advisors, planners and brokers more effectively. FRL Coaches work strictly on a fee for service basis, and do not accept commission or other remuneration from any brokerage or financial services firm.
Fees; Performance Promise
Coaching fees are payable in advance. You may terminate this Agreement without liability - and with a full refund of any fees you have prepaid within 24 hours of signing this Agreement. In all other cases, unless FRL refuses to assign you a Coach or provide the coaching services, fees are not refundable.
We want you to reach your fitness and financial goals. During your onboarding with FRL, you and FRL will agree on your fitness and financial goals which FRL will try to help you achieve. If you do not achieve the agreed goals within the time frame agreed by you and FRL, then FRL will continue to work with you, at no additional charge, for up to 90 additional days to help you toward your agreed fitness and financial goals. This performance promise will be valid, however, only if you have done (and continue to do) all of the following: submit all of your weekly check-ins, fully comply with your diet program, fully complete all workouts included in your fitness program, and fully comply with your assigned financial action steps each week and month.
Release of Liability:
You acknowledge that you take full responsibility for your life and well-being, and for all decisions made during and after this program. You expressly assume the risks of participation, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. You hereby release FRL and its respective agents, heirs, assigns, contractors, and employees ("FRL Releasees") from any and all claims, demands, damages, rights of action or causes of action, present or future, known or unknown, arising out of or connected with your participation in the coaching programs, including any injuries resulting therefrom.
Important Waivers
Photographs and Videos
You agree that you (including your name, likeness, image, voice, appearance and/or performance) may be photographed, recorded and/or videotaped (each, a "Recording") by FRL and/or its agents in connection with your participation in the coaching services. You agree that all such Recordings are the sole property of FRL, and you grant and assign to FRL the right, but not the obligation, to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, and otherwise use, and permit others to use such Recordings in any manner, form, or format whatsoever now or hereinafter created, for any purpose. In addition, hereby irrevocably authorize FRL to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, and otherwise use, and permit others to use any photograph, video or testimonial I choose to provide regarding FRL for purposes of publicizing FRL's services or for any other lawful purpose. My photograph, video or testimonial may be used in printed publications, multimedia presentations, on websites or in any other distribution media. I waive any right to inspect or approve the finished product, including written copy, wherein my photograph, video or testimonial appears. I agree that will make no monetary or other claim against FRL for the use of my photograph, video or testimonial or Recordings, and further hereby forever release and discharge FRL from any claims, actions, damages, liabilities, costs, or demands whatsoever which I have or which may have arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of my photograph, video or testimonial or any Recording. The rights granted in this section shall survive any expiration or termination of this Agreement.
Coaching: Physical Health
THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO FRL OR TO MYSELF OR TO THIRD PARTIES (INCLUDING BUT LIMITED TO PRIVATE OR PUBLIC GYMNASIUMS OR HEALTH CLUBS), INCLUDING EQUIPMENT THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) ADVICE OF FRL; (4) USE OF ANY AREA RELATED TO THE FITNESS PROGRAM (INCLUDING AMONG OTHER THINGS FIELDS, LOCKER ROOMS, SIDEWALKS, STAIRS, PARKING AREAS AND POOLS, WHETHER PUBLICLY ACCESSIBLE OR OR WHETHER PART OF A MEMBERSHIP-BASED GYMNASIUM OR HEALTH CLUB); AND (5) AND/OR NEGLIGENT INSTRUCTION SUPERVISION.
l understand the risks, and I accept responsibility. I have been informed, understand, and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed, understand and am aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. Knowing all of this, am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death.
I know that I should have a doctor's clearance. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I choose not to obtain a physician's consent prior to beginning this fitness program with FRL, I hereby agree that I am doing so solely at my own risk. I understand that FRL may refuse to train me without a physician's consent.
Recommendations regarding nutrition and supplements are in all cases released from any liability. I understand that - may have discussions with FRL regarding nutrition and/or the use of vitamins and/or supplements. I understand that any such discussions are not provided as professional advice, and are merely informal discussions. In all events, I agree to fully release FRL (and FRL Releasees) from all possible forms of liability with respect to such discussions as provided for above in this agreement.
Coaching: Financial Health
I will hold no one but myself responsible. I recognize that the recommendations and investment advice provided through the Services involve FRL's judgment and that involve FRL's views regarding the economy, the securities markets, legislative environment, taxation environment or other specialized areas, like all predictions of future events, cannot be guaranteed to be accurate. Understand that past performance is not a guarantee of future results.
No promises were made: No liabilities. All financial and/or career information and advice provided by FRL is for educational purposes only and does not constitute: investment, legal or tax advice; an offer to buy or sell any security or insurance product; or an endorsement of any third party or such third party's views. I represent that no party to this Agreement has made any guarantee, either oral or written, that my investment objectives will be achieved. FRL shall not be liable for any action I perform or do not perform, or for any errors of judgment or mistake in my taking investment actions based on input from FRL, in the absence of malfeasance, breach of fiduciary duty, negligence, or violation of applicable law.
Indemnity. I hereby agree to indemnify and hold FRL (and all FRL Releasees) harmless from all loss, cost, indebtedness, and liabilities arising from the investment actions or I may make, to the extent that such loss, cost, indebtedness or liability did not result from malfeasance, breach of fiduciary duty, negligence, or violation of applicable law by FRL.
General Provisions
If any one or more of the provisions (or portions thereof) of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to the conflict of law provisions thereof. This Agreement may be signed in person, by facsimile or PDF signature, or by electronic signature, and may be signed in counterparts, each of which shall be deemed to be an original, but all such counterparts together shall constitute a single instrument.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT OR MY SUCCESSORS MIGHT HAVE TO BRINGA LEGAL ACTION OR ASSERT A CLAIM AGAINST FRL, INCLUDING FOR FRL'S NEGLIGENCE.
DO NOT SIGN THIS AGREEMENT UNLESS YOU UNDERSTAND IT AND AGREE TO IT.
