WEIGHT LOSS COACHING AGREEMENT
This Consulting Services Agreement (this “Agreement”) is made effective this day by and between (the “Buyer”) and Losing Coach (the “Service Provider”). Hereafter, the Buyer and the Service Provider may be collectively referred to as the “Parties” and each, individually, as a “Party.”
The Service Provider is in the business of providing weight loss coaching to her clients. The Buyer desires to engage the Service Provider to provide the services set forth in this Agreement according to its terms and conditions. The Service Provider desires to provide the aforementioned services to Buyer according to the terms conditions of this Agreement. The Parties therefore, agree as follows:
1. Services. The Service Provider shall provide the services set forth on Exhibit “A” (attached hereto and incorporated herein by reference) ("Services") to the Buyer in accordance with the terms and conditions of this Agreement.
2. Delivery of the Services. The Service Provider shall commence the provision of the Services as agreed between Buyer and Service Provider. Unless otherwise agreed to by the Parties, the Services shall be provided by the Service Provider via In-Person Workshop or Live Webinar. The Parties agree to the following special provisions or arrangements regarding the delivery of the Services:
- 3 Hour Webinar or In-Person Workshop
3. General Terms.
a. Intellectual Property Rights. The Service Provider retains all rights, title and interest in the programs, methods, materials that may be utilized in the provision of Services (“Intellectual Property”). Such Intellectual Property constitutes Trade Secrets owned by the Service Provider. No part of the Service Provider’s provision of the Services shall be deemed to transfer ownership or grant a license for the use of such Intellectual Property to the Buyer.
b. No Guaranty as to Results. The Service Provider will provide the Services with reasonable care and skill and will use her best efforts to provide the Services in a manner that assists Buyer. However, the Service Provider cannot and does not make any guaranty as to results.
c. Limitation of Liability. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price. To the extent it is lawful, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. It is the Buyer’s sole responsibility to obtain physician approval before beginning any weight loss program. Service Provider is not liable for any health or medical issues, directly or indirectly arising out of any or all Services received by Buyer from Provider.
d. Term and Termination. This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner at the end of the final Session as set forth in Section 2. Either Party may terminate this Agreement at any time. However, the Buyer shall remain liable after termination for any unpaid Fee or Expense.
e. Relationship of the Parties. The Parties acknowledge and agree that the Services performed by the Service Provider shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
f. Confidentiality. Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
g. Amendment. This Agreement may not be amended without the prior written agreement of both Parties.
h. Refund. Any and all unused coaching hours will not be refunded. Unused coaching hours expire 12 months from date of first payment received by Service Provider from Buyer.
IN WITNESS WHEREOF, the parties have acknowledged and delivered this Agreement as of the date submitted via the www.LosingCoach.com website.
LOSING COACH, LLC
3 Hour Workshop or Webinar