TERMS AND CONDITONS
Between Certified Nutrition Coach (Cassidy Rhodes) and the undersigned Client (the "Client")
This Agreement will run for a period of three (3) months (“Initial Term”), and will automatically renew for an additional three (3) months (“Renewal Term”) and continue to renew until otherwise terminated as provided herein.
The details of your customized coaching plan are made a part of this Agreement. In consideration of our preliminary communications and your decision to purchase any package from Cassidy Rhodes, you agree to the following:
FEES AND PAYMENT
You agree to the designated fees at the time of purchase. Payment is made through Stripe, Zelle or PayPal, and must be made in advance of services. All payments for packages and programs are non-refundable upon execution of this agreement.
Client information and records are confidential unless I receive your advance permission to disclose or except as required by law. All of our conversations and information exchanged is confidential under HIPAA code.
You agree to cooperate in completing questionnaires/food logs/other assessment material on a timely basis so productive coaching can occur. You know as a Client you are responsible for the actions you take. You have the sole responsibility to contact your physician for approval for participation in coaching if coaching is for health reasons. You understand that the usage of any nutritional supplements and or meal plans services are done under your own will and have not been prescribed by Cassidy Rhodes. You recognize that any activity in which problems/life situations are discussed bears some risk, which you the Client agree to accept in its entirety. You agree to hold harmless and indemnify Cassidy Rhodes, its officers, directors, agents and representatives from any liability whatsoever resulting from your participation in coaching activities, including but not limited to medical expenses. You accept the risk of any decision, action or outcome based on the coaching relationship. You acknowledge that expectations and results or participation in coaching activities vary among individuals and that each individual may not receive the same benefit. You agree that Cassidy Rhodes may discontinue services to you upon notification to you in writing for any reason, including the following: your failure to cooperate to the best of your ability in the activities and schedules planned; non-payment of fees within 5 days of the due date. Client shall provide at least one month (30 days) notice to Cassidy Rhodes if client wishes to discontinue coaching services.
DISCLAIMER: These services are not intended to diagnose, treat or cure any medical conditions or disease.
RELEASE OF LIABILITY
In consideration of the risk of injury while participating in personal training physical exercise (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge CASSIDY RHODES, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical, emotional or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED PHYSICAL ACTIVITY AND/OR NUTRTION PROGRAM AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS PHYSICAL ACTIVITY AND/OR NUTRITION PROGRAM, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS PHYSICAL ACTIVITY AND/OR NUTRTION PROGRAM, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless CASSIDY RHODES against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If CASSIDY RHODES incurs any of these types of expenses, I agree to reimburse CASSIDY RHODES.I acknowledge that CASSIDY RHODES and their directors, officers, volunteers, representatives and agents are not
responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of CASSIDY RHODES. I ACKNOWLEDGE THAT THIS PHYSICAL ACTIVITY AND/OR NUTRTION PROGRAM MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE CASSIDY RHODES AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST CASSIDY RHODES FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of CASSIDY RHODES AND its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and CASSIDY RHODES agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
Intial Term: Date NutrItion & Fitness Coach ( Cassidy Rhodes) activates you (The "Client") on Cassidy Rhodes Coaching App
The Client: You the customer