COACH – CLIENT COACHING AGREEMENT
Private Personal Training
This Coaching Agreement (“the Agreement”) was created to ensure that in using the services offered by Amanda Smith, you, the Client and myself are both protected. By signing this Agreement, you are entering into a legally binding contract, so please read it carefully and contact us before you sign if you have any concerns.
This AGREEMENT is entered into as of (date indicated below) by and between the Client (name as indicated below) and Amanda Smith (the Coach).
WHEREAS the Client requires and wishes to utilize, and the Coach agrees to provide, the coaching services (the Services) of the Coach as outlined herein;
NOW, THEREFORE, this Agreement confirms that in consideration of the following promises hereinafter expressed on the part of the Client and the part of the Coach and the fees to be paid as outlined below, the Parties hereto agree to the terms and conditions as follows:
THE PRIVATE PERSONAL TRAINING PACKAGE
This package is designed to provide individualized and goal-oriented personal training. You will participate in two personal training sessions each week - no more, no less. I will provide you with exercise ‘homework’ to do in your own time once a week. This exercise ‘homework’ will be specific to your goals.
- Warm-up + dynamic stretching
- Cool-down + static stretching
- Aerobic fitness – Can improve overall health and quality of life
- Muscular fitness – Strength training can improve your muscle and bone health, and can assist in weight loss
- Flexibility – Improving flexibility can allow your body to move freely and comfortably
- Stability and balance – Achieved through core-focused exercises; improved core strength and endurance can improve posture, low-back pain, and may help prevent falls
- Any other training style specific to goals, needs, and medical referral(s).
What I/We expect from my/our clients
I/We have certain requirements for what characteristics work best for this type of facilitation and coaching. You must be:
- Motivated and disciplined: Motivation is a requirement; however, I understand that it is difficult to be motivated every single day. When motivation fails, you must remain disciplined to get the job done.
- Comfortable with being uncomfortable: You do not grow when you’re comfortable, this is a fact. You must be prepared to be pushed and push yourself.
- Timely: You are making a commitment to your time and my time. I will not tolerate consistently missed sessions, cancelled sessions, or rescheduled sessions. You must respect your own time, the coach’s time, and the time of the other clients.
As the Client you also acknowledge and agree that you will:
- Take ownership: Ultimately, I believe that you are responsible for your actions and outcomes. You own everything that takes place in your life. This means no excuses, no accusing, and absolutely no denial. You must hold yourself accountable for your results and triumph. In order to create change, you must change first.
- Create balance: If you do not take care of yourself, you cannot take care of others. I believe it is vital to take time for yourself and your health. We need to inspire others through example.
- Be consistent: You need to be disciplined, so that your actions are consistent and others always know what to expect from you. Consistency is the key to optimal health. Big results happen with small, collective changes.
- Be prepared: Come to each session ready to work toward a specific outcome. If necessary, take a few moments to clear your mind and get centered before your session and ensure you’re in a place with no distractions. This time is for you.
- Keep your commitments: Hold yourself to high standards and take the action that you committed to yourself or your coach. The fastest route to your success and fulfillment is consistent, meaningful action.
- Accept accountability: Show up on time, respect your time, and respect my time (or give 12 hours’ notice to change appointment). Connect on Zoom at the designated time.
- Enjoy the process: Making progress in your health, in your life, and becoming the person you want to be is an exciting process. Have fun, work hard, and enjoy the time with your coach.
What I provide
- Confidentiality: I will create an environment where you feel safe to divulge information that is vulnerable and is impacting you on a personal level. Any discussions will remain between us. Period. I will not disclose confidential information that you share with the Program to anyone, unless required by law, ethics, or upon written authorization by you.
- Unconventional training: Health should not be solely comprised of exercise, but exercise definitely needs to be a part of it. I believe health should be well-rounded, and can be achieved through physical movement, mental stimulation, and feeding the soul. This will be different for everyone, and I’m here to help you embody that. Fitting in is lame – I want to show you that fitness, nutrition, and health can be unconventional to what society defines them as. Let’s show them together!
Fees & Payment
- Fees: The Client agrees to pay to the Coach, in consideration of the Services outlined herein, the following agreed amounts (the Fee):
Basic Nutrition + Private Training - 3 Month: 1 Initial Nutrition Consultation, 1-2 Nutrition Meetings/Week, 1 Personal Training Session/Week (Optional)
- $588.00 CAD (including) = bi-weekly instalments (6 TOTAL)
- 1-2 Nutrition Meetings/Week (One Hour Each)
- 1 Personal Training Session/Week (One Hour)
- Access To Online Fitness Classes & Resources
- NOTE: I am not a Registered Dietitian.
- The Client shall provide the Coach with its credit card information as security for payments being made. The Coach shall be authorized to charge the Client’s credit card(s) for any unpaid charges on the dates outlined herein. The Coach shall be entitled to make all charges at the time payments are due and not require separate authorization for any multiple-payment plan or if the Client is in arrears to the Coach. The Client shall not make any chargebacks to the Coach’s account and/or change and/or cancel the credit card provided as security without the Coach’s prior written consent. The Client shall be responsible for any fees associated with recouping chargeback expenses or collection fees.
- If payment is not received or there is a problem with the payment transaction or method, you will be notified by e-mail and have a 3-day grace period to make the payment following the due date. During this time, the Program will be put on hold and no Coaching Sessions will be held, including during the grace period. If no payment is made within the 3-day grace period, the Program will automatically terminate and you will forfeit any remaining Coaching Sessions and Program access.
The Fine Print
- Rescheduling: To change the time or date of a session, the Client shall notify the Coach 24 hours in advance of the agreed appointment time. This can be done through the website scheduler.
- Cancellation: Any cancellation of a session by the Client will be made through the website scheduler.
- Forfeited Session: The Client accepts that cancelling or rescheduling a session on two or more occasions, may at the sole discretion of the Coach, result in the Client forfeiting said session.
- Refund policy: The Client SHALL NOT receive any refund for ANY AND ALL REASONS, subject to the sole and absolute discretion of the Coach.
- Termination: The Client may terminate this Agreement at any time with 72 hours written notice via email. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the Program and must immediately make any payments that are due. No refunds will be provided.
- Intellectual Property Rights: The Coach retains all ownership rights to the materials provided during your participation in the Program. The copyrighted and original materials you are provided are for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from me electronically or otherwise without my prior written consent. All intellectual property, including the copyrighted Program materials, shall remain the sole property of the Coach, and no license to sell or distribute materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials.
- Relationship of the Parties: The Coach and any related subcontractors are not employees, partners, or members of the Client or the Client’s company or organization. The Coach has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. The Coach has the right to hire assistants, subcontractors, or employees to provide the Client with its Services. The Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, taxes, registrations, or permits. The Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to the Coach.
- Personal Responsibility and Assumption of Risk: The Coach has used care in preparing the information provided to you, but the information, Programs, and services have been made available to you as marketing and business tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.
- Limitation of Liability Indemnification, and Release of Claims. The Coach may not be held responsible in any way for the information that you request or receive through this Program. By signing this Agreement, you fully and completely hold harmless, indemnify and release the Coach and any employees, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Program, even if we were aware in advance of the possibility of any such claim.
Here’s some additional information you need to know before we get started!
- Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of Canada and the province of Alberta as applicable.
- Severability. If any provision of this Agreement is invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect.
- Modification. Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in writing signed by both Parties.
- Assignment. Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.
- Dispute Resolution. Client and Coach will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise between us, we agree now that we will be subject to final and binding arbitration before a single arbitrator, selected jointly .
- Non-disparagement. Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Coach, its employees, or agents. The Coach shall not make any false, disparaging, or derogatory statements in public or private regarding the Client.
- Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior written or oral agreements.
- Waiver of Breach. The waiver by me/us of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you.
- Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above.
- Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
- Counterparts. This Agreement may be executed electronically and in counterparts, each of which will be deemed an original and all of which taken together shall constitute one and the same agreement.
Independent Legal Advice
The Client acknowledges and agrees:
- that the Client has fully read and understood this Agreement;
- that the Client has had the opportunity to obtain legal advice about the Agreement; and
- that the Client accepts the terms and conditions set out in this Agreement, including but not limited to, those which deal with the waiver of all claims against the Coach, and obligations to pay the Coach.
I acknowledge and agree that I have read, fully understand and agree to be bound by each and every clause in this Agreement and have been given the full opportunity to discuss all implications, legal or otherwise, of this Agreement.
CLIENT NAME: ………………………………………………... COACH: Amanda E. Smith
SIGNATURE: …………………………………………………... SIGNATURE: Amanda E. Smith
DATE: ……………………………………………………………... DATE: March 23, 2021