These terms and conditions relate to the online workout and nutrition program via Fitness with Jo

PARTIES

Beginner Fitness with Jo

Moxham Ave, Wellington, 6021

beginnerfitnesswithjo@gmail.com

Known as "Coach”,

Person signing up to program (either 6weeks, 10 weeks or 12 weeks)

known as "Client"

TERMS

Services: Coach shall provide Client with the following services (“Services”):

• 6, 10 OR 12 weeks of workouts via an app (depending on plan chosen by client)

• Workouts will begin with two per week, plus additional stretch session video

• After 6weeks workouts will increase with client having an additional one workout per week

• Access to ask coach questions throughout the coaching via the app (questions will be answered within work hours of coach between 7am-4pm Mon-Fri)

• Additional nutrition resources including recipes and support calculating best macros for client based on their fitness and weight loss goals

• Additional support in regards to exercise technique and other questions within the group program that the client may have

• Weekly check-ins of group progress
  
  
  
  
  

PROTECTIONS & RELATIONSHIP

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

Permitted Uses of Material(s): Coach grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Coach with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Client allowed to share Coach’s materials with any third party without Coach’s express prior written permission.

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies, to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” is this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. 

LIMIT OF LIABILITY

Indemnification: Client agrees to indemnify and hold harmless Coach, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. Client waives its right to directly or indirectly ask or force Coach to pay for any such damages.

Client Responsibilities: Client agrees that the accuracy of information supplied to Coach is the sole responsibility of Client, and that Coach is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information provided by Client. Client assumes full responsibility for final deliverable(s) provided, final proofing and accuracy. 

Assumption of Risk: Client and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement. It is further expressly agreed that all body weight strength training, cardiovascular exercise, or any other exercise shall be undertaken by client at my sole risk and that Coach shall not be liable to me for claims, demands, injuries, damages, actions or causes of action, whatsoever, to my person or property arising out of or connected with the use by me of the services provided. I further expressly agree that it is my responsibility to consult a physician before participating in this or any other fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the fitness sessions within this program. I do hereby expressly release and discharge Coach from all such claims, demands, injuries, damages, actions or causes of action, from all acts of active or passive negligence on the part of Joanna Monaghan.

Cost: The total cost ("Total Cost") for all Services is $237NZD for 6 weeks, and $267 for 10 weeks and due in full by date of sign up

Release: Client has spent a satisfactory amount of time reviewing Coach’s work.

Coach will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Coach’s current portfolio and services, and Coach will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

• Every client and final delivery is different, with different tastes, budgets, and needs;

• Fitness and Weight loss is a subjective service and Coach is a provider with a unique vision, with an ever-evolving style and technique;

• Coach will use its personal judgment to create favourable results for Client, which may not include strict adherence to Client’s suggestions;

• Dissatisfaction with Coach’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Client understands that although Coach has a Certificate in Nutrition and is able to provide guidance around macros/meal plans and recipes, this does not extend to providing any nutrition support in relation to diagnosing a health problem or disease cure or treat a health problem or disease.

Prescribing medications or supplements to treat a specific medical condition or illness.

Prescribing diets or any nutrition plan for any medical condition or illnesses, including and not limited

to cancer, heart conditions, diabetes, digestive disorders like IBS and so forth.

Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement

Guarantees: Coach cannot make any guarantees as to the results, including financial or other gains, of the coaching provided. Coach agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

GENERAL PROVISIONS

Governing Law: The laws of New Zealand govern all matters arising under or relating to this Agreement and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there

Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.

Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorised entity, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.