Client Consent and Liability Waiver for Fitness and Nutrition Coaching Services
This Client Consent and Liability Waiver (the "Waiver") is entered into by the undersigned client (the "Client") and Move With Kai LLC, a fitness and nutrition coaching service provider (the "Coach"). By signing this Waiver, the Client acknowledges, agrees to, and accepts the terms and conditions outlined below.
Acknowledgment of Services
The Client understands that the Coach provides nutrition and fitness coaching services, which may include dietary advice, supplement recommendations, and fitness-related guidance (the "Services"). The Services may be provided in-person or through digital platforms (online/virtual coaching), and the Client agrees to engage in such services at their own discretion and risk.
Assumption of Risk
The Client acknowledges and understands that any and all dietary and fitness-related guidance, including but not limited to meal plans, supplement advice, and exercise routines, may involve risks to the Client’s health and well-being. These risks may include but are not limited to allergic reactions, nutritional imbalances, weight changes, fitness-related injuries, and other physical or psychological effects. The Client voluntarily accepts and assumes all such risks, whether foreseen or unforeseen, associated with the use of the Services.
Health and Medical Disclosure
The Client certifies that they are in good physical health and have disclosed any and all medical conditions, allergies, and ongoing treatments to the Coach, which may affect their participation in the Services. The Client agrees to consult a licensed healthcare provider before making significant changes to their diet, exercise routine, or supplement use. The Client agrees to immediately inform the Coach of any changes to their health condition or treatment during the course of the Services.
Limitation of Liability
The Client understands that the Coach is not a licensed healthcare provider, dietitian, or medical doctor. The Services provided are for informational and educational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. The Client agrees that the Coach will not be held liable for any injury, illness, or other consequences resulting from the use of the Services, including any claims made by third parties.
The Client agrees to release, indemnify, and hold harmless the Coach and its affiliates, employees, and agents from any liability, damage, loss, or expense arising from the Client's participation in the Services, including but not limited to personal injury, health conditions, or financial losses.
Digital Coaching Acknowledgment
If the Client is receiving online or digital coaching services, the Client acknowledges that virtual coaching may involve limitations in terms of personalized guidance. The Client understands that the Coach will make reasonable efforts to provide accurate and effective advice; however, the Client is responsible for their own actions and decisions regarding diet, exercise, and lifestyle changes. The Client accepts the inherent risks associated with receiving digital coaching, including technological issues, and waives any claims related to these limitations.
Payment and Refund Policy
The Client agrees to pay all fees associated with the Services as agreed upon before commencing any coaching sessions. Payment may be required upfront, per session, or in installments, as specified by the Coach. No refunds will be issued for any services rendered, except at the sole discretion of the Coach in cases of extenuating circumstances. If the Client wishes to cancel or reschedule a session, at least 24 hours' notice must be provided. Failure to do so may result in a charge for the missed session.
Privacy and Data Protection
The Client consents to the collection and processing of personal data necessary for the provision of the Services. The Coach will use personal information in accordance with applicable data protection laws and regulations. Personal data will be stored securely and will not be shared with third parties, except as required by law or with the explicit consent of the Client. The Client has the right to access, correct, or request the deletion of their personal data at any time.
Emergency Situations
The Coach is not responsible for providing emergency medical or psychological support. In case of a medical or psychological emergency, the Client is advised to contact a healthcare professional or seek immediate medical attention. The Client agrees to assume full responsibility for their health and well-being during the course of the Services.
Client’s Right to Terminate Services
The Client has the right to discontinue the Services at any time. In such a case, no further payment shall be required beyond the date of termination, and the Client agrees to notify the Coach in writing of their intent to terminate. Termination does not absolve the Client from the payment of any fees already incurred.
Intellectual Property
All materials provided by the Coach, including meal plans, exercise programs, and other proprietary content, are the intellectual property of the Coach. The Client agrees not to reproduce, distribute, or share these materials without the explicit written consent of the Coach. The Client understands that any unauthorized use of the Coach's intellectual property may result in legal action.
Acknowledgment of Understanding and Voluntary Agreement
By signing below, the Client acknowledges that they have read, understand, and voluntarily agree to the terms of this Waiver. The Client understands that they are giving up legal rights by signing this Waiver, and they do so voluntarily and without any coercion. The Client further affirms that they are not relying on any representations or warranties made by the Coach that are not expressly set forth in this Waiver.