This AGREEMENT for Coaching Services is made on the date of payment between Inexeace, LLC dba BodyCamp by Gigii (hereinafter, “Coach”) and you  (hereinafter, Client). The parties to this Agreement mutually agree as follows:

 

1. Coach is not a medical professional and is without expertise to diagnose medical conditions or impairments. Client agrees to promptly and fully disclose to Coach any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Coach’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Coach or others shall be conclusive.

2. Client certifies that he/she is physically capable of participating in a strength, flexibility and aerobic training exercise program.

3. No refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.

4. Client agrees to complete weekly check-ins accurately and on the day specified. This is how Coach will track progress and make necessary changes to the plan.

5. Client agrees to be honest and forthright throughout this training. That is the only way that Coach will truly be able to assist in making this lifestyle change.

6. Each payment made by Client under this Agreement must be received by Coach on

the date specified on the payment arrangement below. If payment is not timely received by Coach,

Client shall have materially breached the Agreement and it will be at the Coach’s discretion to either forfeit (or not) all remaining portion of services that have not yet been performed under the Agreement. Coach shall have no further obligation to Client.

7. Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and Coach. If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Coach shall have no further obligation to Client.

8. Coach does not, under any circumstances, warrant or guarantee Client any specified results. Results that Client achieves are in no way, shape, or form, guaranteed by Coach.

9. This Agreement may be terminated by either Party upon written notice to the other Party. If Client chooses to terminate this Agreement, Client will be subject to paying an early termination fee of $200 along with the balance for the duration of the program that you have completed if your payment plan did not cover it. Each week completed is a total of $200.

10. During the term of the Program, and at all times thereafter, Client shall maintain the strictest confidence of Coach’s trade secrets and Confidential Information. Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or

indirectly, to any person or entity other than the Parties to this Agreement, Coach’s copyright information, trade secrets or other Confidential Information, except by express prior written consent of a duly authorized officer or director of Coach. Client will not make copies, videotape, record, photograph or transfer in anyway, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Coach. Further, Client shall use Client’s best efforts and shall take all reasonable precautions to prevent the disclosure of Coach’s copyright information, trade secrets or other Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.

11. In consideration of Coach providing Confidential Information to Client, Client will not, at any time during the term of this Agreement or at any time for two (2) years subsequent to any termination of this Agreement, whether directly or indirectly, in the continental United States, or within such other geographic areas as Coach is engaged in business at the time of termination of this Agreement, for Client’s own account, individually or through another entity that Client owns or is involved in, or on behalf of any direct competitors of Coach, engage in any business or transaction involving the Business, whether as an employee, employer, independent contractor, consultant, agent, principal, partner, stock-holder, corporate officer, director or in any other individual or representative capacity, without the prior written consent of Coach, which consent may be withheld by Coach in Coach’s sole and absolute discretion.

12. The initial payment shall be made by debit/credit card or other method as requested by Coach. All subsequent payments shall be made by automatic debit/credit on the dates specified below. Client is responsible for advising Coach of any changes to debit/credit information prior to payment date.

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WAIVER & RELEASE FORM

 

Because physical exercise can be strenuous and subject to risk of serious injury, your personal Coach

urges you to obtain a physical examination from a doctor before beginning any exercise or training

program. You agree that by participating in these physical exercise sessions or personal training

activities, you do so entirely at your own risk. This includes, without limitation, (a) your participation in any

activity, class, program, personal training or instruction, (b) our instruction, training, supervision, or dietary

recommendations. You agree that you are voluntarily participating in these activities. You expressly agree to release and discharge your personal Coach or instructor, and from any and all claims or causes of action. This waiver and

release of liability includes, without limitation, all injuries to you which may occur, regardless of

negligence.

 

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be

invalid, then the remainder of this release from liability shall remain in full force and effect and the

offending provision or provisions severed here from.

 

You acknowledge that you have carefully read this waiver and release and fully understand that it is a

release of liability. You agree to voluntarily give up any right that you may otherwise have to bring

a legal action against the personal Coach or instructor for negligence, or any other personal injury or

property damage or loss action.