Strength Smith Training Systems LLC Coaching/Consulting Waiver & Policies

Dear Valued Client,

Strength Smith Training Systems LLC Client Privacy Policy

The following document describes the Strength Smith Training Systems LLC policy for how information about you may be used.

A. Headings & Sever-ability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

B. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

C. Governing Law – OWNER is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of the State of Arizona.

D. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.

E. Execution - This Agreement may be signed in counterparts. Signatures sent via facsimile and electronic signatures (for example, “/s/ from a personally-identifiable address with acknowledgement and consent), shall be deemed valid.

Privacy & Consent for Purposes of Coaching and Consulting, Payment and Health and Wellness Operation Informed Consent to Coaching & Consulting

I hereby request and consent to the performance of integrative health coaching, holistic strength & conditioning and/or consulting and other services within the scope of the practitioner for me, or the client named below for whom I am legally responsible, by the practitioner indicated below and/or other practitioner who now, or in the future, coach and consult me while employed by, working or associated with or serving as back-up for, the practitioner named below, including those working at Strength Smith Training Systems LLC, whether signatories to this form or not. I understand methods of coaching and consulting may include, but are not limited to:

●  Health & Lifestyle Advice and/or Coaching

●  Strength & Conditioning Programming and/or Coaching

●  Exercise Advice and/or Coaching

● Nutrition Advice

●  Education on Herbs, Medications, and/or Supplements

I understand some herbs or supplements may be inappropriate during pregnancy. I will notify a Strength Smith Training Systems LLC staff member who is coaching/consulting me if I am, or become, pregnant or if pregnancy is suspected. Possible side effects of taking herbs and/or supplements include nausea, gas, stomachache, vomiting, headache, diarrhea, rashes, hives, and tingling of the tongue.

I understand while this document describes the major risks of coaching and consulting, other side effects and risks may occur. I do not expect the Strength Smith Training Systems LLC staff to be able to anticipate and explain all possible risks and complications, and I wish to rely on the Strength Smith Training Systems LLC staff to exercise judgment during the course of coaching/consulting which the Strength Smith Training Systems LLC staff thinks at the time, based upon the facts then known, is in my best interest. I understand results are not guaranteed.

By voluntarily signing below, I show I have read, or have had read to me, the above consent to coaching and consulting, I have been informed about the risks and benefits of coaching/consulting and other services, and I have had an opportunity to ask questions. I intend this consent form to cover the entire services for which I seek coaching/consulting.

Arbitration Agreement

Article 1: Agreement to Arbitrate: It is understood that any dispute as to coaching/consulting, that is as to whether any coaching/consulting rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by state law, and not by a lawsuit or resort to court process except as state and federal law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury and instead are accepting the use of arbitration.

Article 2: All Claims Must Be Arbitrated: It is also understood that any dispute that does not relate to coaching/consulting including disputes as to whether or not a dispute is subject to arbitration, and procedural disputes will also be determined by submission to binding arbitration. It is the intention of the parties that this agreement bind all parties as to all claims, including claims arising out of or related to services provided by the coach/consultant including any heirs or past present or future spouse(s) of the client in relation to all claims, including loss of consortium. This agreement is also intended to bind any children of the client whether born or unborn at the time of the occurrence giving rise to any claim. This agreement is intended to bind the client and the coach/consultant and/or other coach/consultants preceptorship interns who now or in the future coach/consult client while employed by working or associated with or serving as a back-up for the coach/consultant, including those working at Strength Smith Training Systems LLC whether signatories to this form or not. All claims for monetary damages exceeding the jurisdictional limit of the small claims court against the coach/consultant, and/or the coach/consultant provider/s associates, association, corporation, partnership, employees, agents and estate, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death, emotion distress, injunctive relief, or punitive damages. This agreement is intended to create an open book account unless and until revoked.

Article 3: Procedures and Applicable Law: A demand for arbitration must be communicated in writing to all parties. Each Party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days thereafter. The neutral arbitrator shall then be the sole arbitrator and shall decide the arbitration. Each party to the arbitration shall pay such party's pro rata share of the expenses and fees of the neutral arbitrator and, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including counsel fees, witness fees, or other expense incurred by a party for such party's own benefit.

Either party shall have the absolute right to bifurcate the issue of liability and damage upon written request to the neutral arbitrator. The parties consent to the intervention and joinder in this arbitration of any person or entity that would otherwise be a proper additional party in a court action, and upon such intervention and joinder any existing court action against such additional person or entity shall be stayed pending arbitration.

The parties agree that provisions of state and federal law, where applicable, establishing the right to introduce evidence of any amount payable as a benefit to the client to the maximum extent permitted by law, limiting the right to recover non-economic losses, and the right to have a judgement for future damages conformed to periodic payments, shall apply to disputed within the Arbitration Agreement. The Parties further agree that the commercial Arbitration Rules of the American Arbitration Association shall govern any arbitration conducted pursuant to this Arbitration Agreement.

Article 4: General Provision: All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable legal statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.

Article 5: Revocation: This agreement may be revoked by written notice delivered to the coach/consultant within 30 days of signature and if not revoked will govern all professional services received by the client and all other disputes between the parties.

Article 6: Retroactive Effect: If client intends this agreement to cover services rendered before the date it is signed, client should print, scan, and provide an initialed copy to Strength Smith Training Systems LLC. Initials should be placed here ___. Effective as of the date of first coaching/consulting service.

If any provision of the Arbitration Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision. I understand that I have the right to receive a copy of this Arbitration Agreement. By my signature below, I acknowledge that I have received a copy. 

NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF COACHING/CONSULTING DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO JURY OR COURT TRIAL. SEE ARTICLE 1 OF THE CONTRACT.

Cancellation Policy

When there is a last-minute cancellation, this prevents Strength Smith Training Systems LLC from offering that time to another client and results in a loss of income. For this reason, we ask that all clients understand the following:

Please plan to arrive 5 minutes early to your scheduled session in order to ensure a full session!

-You may cancel your appointment without charge 24 hours before your scheduled appointment

-Cancellations with less than 24 hour notice and No-Shows will be charged the full scheduled service price for the allotted time that was agreed upon.

-If you arrive after your meeting is scheduled to begin, no additional time will be added to the end of your session to compensate for lost time.

Please sign below to acknowledge that you read, understand, and agree to terms listed in this Cancellation Policy.

Thank you for your understanding and cooperation!