(“Client”), and (Andre Brun) (“Coach”) collectively (“we”, “our”, “the parties”).
In consideration of Client Fitness Coach from the agreed coaching start date, Client hereby acknowledges, understands, and agrees to the following:
1. COACHING CALL SESSIONS. Coaching sessions will be structured as follows, as agreed by us:
1. Amount & length of sessions: 20min
2. The sessions will be conducted via Zoom, FB Messenger or WhatsApp.
3. It is both the coach’s and client’s responsibility to show up to each session for the scheduled time on the agreed platform.
2. RESPONSIBILITIES OF BOTH PARTIES.
1. CLIENT. Client responsibilities are as follows:
1. Client is responsible for his or her physical and mental well-being. Coaching can trigger emotional, mental, and physical effects. Client agrees to take full responsibility of his or her self-care in the emotional, mental, physical, and spiritual areas of his or her life.
2. Responsibility for choices and decisions that arise from or are related to coaching sessions.
3. Responsibility for being on time for sessions, completing homework before the next scheduled session, being as dedicated as possible and adhering by the cancellation policy as well as making any outstanding payments.
2. COACH. Coach has the following responsibilities:
1. Maintain client’s confidentiality, except as outlined in Section 8, “Confidentiality”.
2. Reserves the right to refuse or stop services for any reason without any refund.
3. Responsibility for being on time, supportive listening, assigning thoughtful and helpful homework, being available during Monday to Friday, 9am to 5pm for Client. Coach will get back to the Client within 12 hours on a weekday.
3. COACHING.
1. COACHING IS NOT.
1. Coaching is not a substitute for any kind of counselling, mental health care, physical or other type of health care, treatment of severe mental, emotional, or psychiatric problems, substance abuse treatment, psychotherapy, or any other therapy.
2. Coach is not a medical or other professional, and the Client is strongly encouraged to consult a licensed medical/other professional when it comes to certain questions to ensure they are receiving a comprehensive answer from that particular, licensed professional.
4. PAYMENT. Payment for coaching will be made as agreed upon by Us:
1. The full retail amount, however, if an action takers discount has been applied and agreed this discount will be calculated.
2. Or agreed, monthly, fortnightly or weekly payments
3. Coaching and program creation will not commence until payment is complete or will any further updates or coaching
5. RESCHEDULING AND CANCELLATIONS.
1. Client may reschedule a call as long as it is done within 24 hours of our session. Client may reschedule through text, FB Messenger, or Email. Coach agrees to reschedule through text, FB Messenger, or Email within 24 hours.
2. If Client fails to cancel or doesn’t show up, this will be considered a ‘cancellation,’ and the session will be forfeited.
3. Coach also reserves the right to determine cancellations on a case-by-case basis.
4. Late arrival for a session will result in a short session with the session concluding at the usual time.
6. REFUND. All payments made to Coach are non-refundable in all cases.
7. TERMINATION AND FREEZING.
1. These services have no cancellation policy. There is no changes in mind allowed in any case. This is about commitment, dedication and action. Coach shows up to every call, email, text and voice message with 100% commitment, and it is up to you to take action to get the results. Often backdoors allow for fear so we end up not standing in our power and getting the value we want. Security blankets are often used as an escape which is why we don’t see results. If you have in the back of your mind that a refund is available, it’s more likely you won’t put in your full effort. Transfers are not available.
2. If Client has any issues regarding the services and programs you agree to contact Coach immediately so they can be remedied for you. This is an open and honest working relationship, and it is essential that the client shows up as such.
3. If Client has a medical emergency or physical injury, then the program and coaching may be frozen so no value is lost and will resume at an appropriate time within 3 months of freezing. This is down to the discretion of Coach and Coach may ask for a medical note from Client’s doctor for proof. Holidays are not a valid reason for freezing the program as it can be adapted to suit any environment.
8. CONFIDENTIALITY. Coach agrees to keep all conversations and information shared as a result of our coaching sessions completely confidential and protected.
9. DISCLOSURE FOR TEACHING PURPOSES. Client is aware that Coach may share Client’s stories, anonymously, for teaching purposes, whether it is with another Client or with other members of the Coaching community. The Client will remain completely anonymous unless explicit, written permission is given that the Client’s name and specific details may be used.
10. TESTIMONIALS. Coach will notify Client if any testimonial is used. Coach will confirm with Client whether the Client’s full name can be used. Client shall specify how they would like to be quoted. Client reserves the right to refuse to allow their testimonial to be used. All permissions/ non-permissions for testimonial use shall be made in writing.
11. INFORMED CONSENT. Client understands that coaching is for the purpose of personal development and Client gives informed consent to engage in coaching services and for Coach to assist in coaching for the aforementioned purpose(s). Client agrees that he/she is using coaching services entirely at his/her own risk.
12. RELEASE. BY SIGNING, YOU ARE AGREEING TO ACKNOWLEDGEMENT OF ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF ‘YCB Academy’. Signee acknowledges that ‘YCA Academy’ hereunder includes participation in strenuous physical activities, including but not limited to, weight training and various aerobic exercises. Signee will be referenced to as “Client” for the remainder of this paragraph. Client acknowledges these Physical Activities involve inherent risk of physical injuries or other damages, including, but no limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and other illness, soreness, or injury however caused, occurring during or after the Clients participation in the Physical Activities. Client further acknowledges that such risks include but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over exertion of a Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility involved with participation in the Physical Activities and or following an exercise program, nutrition suggestion, meal plan suggestion, or supplement suggestion by ‘YCB Academy’. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the Physical Activities. Client acknowledges that participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical or other professional advice regarding any concerns involved with the ability of Client to take part in the Physical Activities. By signing this Agreement, Client asserts that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibility for exceeding his or her own physical limits. Client, agrees to fully release “ANDRE BRUN” and ‘YCB Academy” (as well as any of its owners, related entities, employees or other authorized agents, including Independent Contractors) from any and all liability, claims and/or litigation actions that Client may have for injuries, disability or death or other damages of any kind, including but not limited to punitive damages, arising out of participation in the Physical Activities, exercise program, or nutrition program.
13. WARRANTY.
1. Coaching is provided “as is” without any warranty of any kind, express or implied. Client warrants that any decisions, actions, or inaction they made and consequences thereof, are their own and at their own risk and that Client takes full responsibility for all emotional, mental, behavioural, and physical risks.
14. GUARANTEES: Coach makes zero guarantees as to the results of their Coaching services. It is the Client’s responsibility to take the action and get results.
15. STATEMENTS OF INTENT AND RELEASE AND WAIVER OF LIABILITY.
1. Client releases, waives, acquits, holds harmless, and discharges Coach and agents, successors, assigns, personal representatives, executors, heirs, and complies (collectively called, “Coach”) from all liabilities and every claim, suit, action, demand, or right to compensation for damages Client may claim to have or that Client may have raising out of actions, omissions, or commissions taken by Client or by Coach as a result of the advice given by Coach or otherwise resulting from the coaching relationships contemplated hereunder. Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this Agreement. The Agreement and release made pursuant to this paragraph shall bind Client’s heirs, executors, personal repos, successors, assigns, and agents.
2. Client agrees that Coach may provide Client with other sources of information, including but not limited to links to websites, printed materials, or audio, and Client understands that Coach makes no warranties as to the accuracy nor reliability of such information, including their privacy policies. Client will not hold Coach liable for any incident or consequential damages resulting from the use or affiliation with such materials.
3. Client acknowledges that Coach is not a licensed health care provider and does not engage in patient diagnosis or the practice of medicine. Similarly, Coach is not a counsellor or psychotherapist and does not purport to offer mental health care advice.
4. Information and coaching provided by Coach does not constitute medical, psychiatric, psychological, or other types of evaluation, advice, or representation and is not intended to substitute such evaluation, advice or representation.
5. Client agrees to independently assess any decisions, actions or inactions resulting from or relating to the coaching experience based on medical, psychological or other advice as applicable.
6. Client understands that results are not guaranteed, and it is the sole responsibility of the Client to make their own opinions, choices and decisions. The parties to this Agreement have fully read and understand all terms of this Agreement.