1. Liability Waiver
1.1 (“Client ”) hereby to the fullest extent permitted by law, will, at its expense, indemnify, defend, and hold Ramone Simpson of GainsArt Inc. Coach or (“ME”) and its affiliates, their respective directors, officers, employees, agents, contractors or representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, damages, losses, judgments, amounts agreed upon in settlement, costs, and expenses of any nature whatsoever (including, without limitation, reasonable attorneys’ fees with interest and disbursements) arising out of, relating to, or in connection with, in whole or in part: any act or alleged act or omission of Client, any breach of this Agreement by Client non-compliance with applicable consulting advice, law, code, rule, regulation, or order; and any claim or action, or threatened claim or action, made for bodily injury, sickness, or disease, including death, by anyone, or for damage to property resulting from any act or omission or alleged act or omission by the Client.
1.2 The Client will further indemnify the Indemnified Parties against any and all costs and fees (including, without limitation, reasonable attorneys’ fees with interest and disbursements) incurred by the Indemnified Parties in connection with any investigation or the preparation related thereto or in the enforcement of the indemnity obligations under this Agreement. The Indemnified Parties are entitled to reimbursement of their attorneys’ fees and expenses from the inception of the loss, damage, claim, or demand and not from the date of tender.
1.3 The Client hereby hereby waive and release ME from any and all liability or fault for any injuries, damages, expenses or otherwise that might arise directly or indirectly from any cause whatever related to the provision of services by ME or, owners, affiliates and subcontractors (collectively “ME Parties”) under this or any other agreement, including any negligence. This waiver and release of liability is executed by Client without reliance upon any promise, inducement, statements or a representation by ME, or their representatives or attorneys. This waiver and release of liability shall bind the Client, the Client’s heirs, successors, representatives and assigns. The Client agrees that that the terms of this release and waiver are clear, and that there are no other understandings or agreements concerning this subject matter other than as set out above, and the Client voluntarily consent to all the terms and provisions herein.
1.4 The Client agrees they have no known physical or mental condition that would impair their capability to participate fully, as intended or expected. These items will be asked with client prior to training. Any omission of these findings prior or during training is the responsibility of the client to mention to ME and cease training without refund.
1.5 The Client has carefully read the foregoing release and indemnification clause and understands the contents thereof.
1.6 The Client fully understands the risks of participating in physical activity and agrees that ME shall not be held liable in the case of any training related injury or death.
1.7 The CLIENT acknowledges the ME, Indemnified Parties, and ME Parties are not physicians, and strongly recommend that you consult your doctor BEFORE you use our products or services. We are happy to answer any questions that your doctor may have about our products and services.
2. Coach Responsibilities
2.1 The Coach (ME) agrees to provide customized training plans, nutritional advice, and ongoing support to help the Client achieve their fitness goals.
2.2 The Coach (ME) will monitor the Client's progress, make adjustments to the fitness program as needed, and provide encouragement and motivation throughout the process.
2.3 The Coach (ME) will maintain a safe, positive, and supportive environment during all coaching sessions.
3. Client Responsibilities
3.1 The Client agrees to follow the fitness training and nutritional guidance provided by the Coach to the best of their ability.
3.2 The Client understands that results are dependent on their commitment to the program, and missing workouts, meals, eating cheat meals without coach (ME)’s confirmation, or disregarding recommendations may affect progress.
3.3 The Client agrees to promptly inform the Coach (ME) of any injuries, health concerns, or other challenges that may impact their ability to follow the program.
4. Timely Submission of Client Check-Ins
4.1 The Client agrees to submit all required check-ins (including progress reports, photos, or any other requested updates) to the Coach (ME) on or before the specified deadlines. Regular check-ins are essential for tracking progress and adjusting the fitness program as needed.
4.2 Check-In Schedule: The Client agrees to submit check-ins every [week/bi-weekly/month], on [specific day] or as otherwise specified by the Coach (ME).
4.3 Late or Missed Check-Ins: If the Client fails to submit a check-in by the scheduled deadline, the Coach (ME) may not be able to provide timely feedback or make necessary adjustments to the fitness program. Repeated failure to submit check-ins may result in delays, skipped check ins or disruptions in the coaching process.
4.4 Format of Check-Ins: Check-ins must be submitted via [email, app, online portal, etc.] in the format requested by the Coach (e.g., written updates, photos, videos, or any other required documentation).
4.5 The Client acknowledges that regular check-ins are vital for the effectiveness of the fitness coaching program, and failure to comply may impact progress and results.
5. Confidentiality
5.1 The Coach (ME) and GainsArt Inc. agrees to keep all personal and medical information disclosed by the Client confidential and will not share this information with any third party without the Client's written consent, except as required by law.
5.2 The CLIENT acknowledges they are not authorized to disseminate, share, convey, or transfer any recommendation or fitness training or nutrition program information, either orally or written, provided by ME, Indemnified Parties, and ME Parties without express written consent.
Terms Of Service
In consideration of the above-referenced release and conditions, the named parties have agreed to the following terms:
CLIENT will receive: Service choosen from the above plans.
*Fee must be paid in full prior to the start of programming and no refunds will be issued upon cancelation. Cancellation must be provided in written notice.
By signing below, I fully understand and agree with all the above terms. Furthermore, I have not been coerced into entering into this release and agreement.
And, I acknowledge that it is important that I read and understand the directives in the attached GainsArt Welcome Highlights document.