Live Fit Fitness Coaching+ Service Agreement

1. DESCRIPTION OF SERVICES. Beginning on the designated Service Start Date, Live Fit LLC will provide to the Client with the following services (collectively, the "Services"):

A. The Coach will create an exercise program specific to the Client’s fitness level and experience in order to meet Client’s objectives.
B. The Coach will provide general nutrition recommendations.
C. The Coach will provide other general wellness recommendations.
D. The Coach will provide feedback on the Client's results and progress.
E. The Coach will provide adjustments to plans, programs, and recommendations for the Client based on Client's results and progress.
F. The Coach will provide assistance and support based on the Client's needs and requests.

2. PAYMENT. Payment shall be made to Provider in regular payments of $100 per month for the Services provided until termination of this Agreement.

The initial payment shall be due on the Service Start Date and shall be taken on the same day of each recurring month (or the last day of the month if the Service Start Date takes place on the 29th through 31st of a month).
In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Live Fit LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

3. TERM AND TERMINATION. The Client may cancel their subscription at any time. Upon cancelling their subscription, Services will continue until the date of their next scheduled payment and no further payments will be taken.
Clients can cancel by completing the Live Fit Fitness Coaching Cancellation Form in the Coaching Clients Dashboard, or by emailing their request to team@golivefit.net.

4. REFUND POLICY. If the Client cancels within the first 30 days of the subscription beyond the Service Start Date, they are eligible to receive a refund of any payments made. Refund requests can be submitted through the Refund Request form in the Coaching Clients Dashboard, or by emailing their request to team@golivefit.net.

No payments beyond the first 30 days of Service are eligible for refunds.

5. MEDICAL DISCLAIMER.

1. Live Fit strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. Live Fit is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
2. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Live Fit from any and all claims or causes of action, known or unknown, arising out of Live Fit.
3. The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.
4. Live Fit is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.

6. RESULTS DISCLAIMERS.

1. We make every effort to ensure that we accurately represent these products and services and their potential for results.
There is no guarantee that you will experience the same results and you accept the risk that the muscle building results, fitness results, competition results and fat loss results differ by individual.
2. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
3. Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
4. There is no assurance that examples of past fitness, muscle building and/or fat loss results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.
5. The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services.
6. We present real world experiences and insights on other people’s experiences for purposes of illustration only.
7. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products.

7. ASSUMPTION OF RISK AND RELEASE OF LIABILITY.

1. Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Live Fit Products and Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Live Fit harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Live Fit Products and Services.
2. Nutrition Information. Certain Live Fit Services, such as nutrition plans provided with our fitness programs and online nutrition database, and access to live chats with our nutrition team, provide nutrition, food, caloric and other related information designed to help our members eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider (AND NOT LIVE FIT OR A LIVE FIT COACH) before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding. The Live Fit Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.
3. Metrics, Values and Figures Are Estimates Only. Please remember that any metrics, values and figures presented or displayed on or within the Live Fit Services are estimates only and may be inaccurate. This includes without limitation nutritional values, such as calorie, fat, protein, fiber, and other related values, and equipment-related values, such as heart rate, cadence, resistance and any other related values. You must only use such metrics, values and figures for general reference only and always consult your physician or other licensed healthcare provider for necessary or appropriate care and advice.
4. Safety Warnings. Live Fit provides safety warnings, along with care and use instructions for certain exercises. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others.
5. Age Restrictions. Clients must be 18 years or old to engage in the Services provided in this Agreement.

8. CONFIDENTIALITY. Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

9. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the
benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

10. ATTORNEYS' FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.

11. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

12. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

13. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

14. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

15. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

16. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

17. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Iowa.

18. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

20. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

21. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

22. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.