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12 Week Coaching Agreement
Thank you for choosing Suzan Galluzzo Fitness to help you start/get to the next level of your fitness journey. I am very excited to work with you to you achieve your health and fitness goals.
THIS AGREEMENT (the “Agreement”), is entered into today by and
between Suzan Galluzzo Fitness (“The Company”) and; (the “Client”) (collectively, the “Parties”). The Client and The Company agree as follows:
1. The Services.
Suzan Galluzzo Fitness Will Provide :
1. Workouts With Video Demonstrations in an App
2. Nutrition Plan/Advice
3. Answers To Weekly Accountability Check Ins
4. Give The Best Advice To Move Client Closer To Their Goals
5. A Program Guide That Answers Most If Not All Questions
2. Client Requirements. Client agrees to the following to have the BEST 12 Week Coaching experience and do their part to get the best results possible in this time frame.
1. The client understands “what you put in, is what you get out.” They must take their program seriously. The results they get will be based on their level of determination and accountability.
2. The client agrees to do their weight training AND cardio 3-5 days a week minimal.
3. The client agrees to staying true to their diet.
4. The client agrees to doing 10, 000 steps daily.
5. The client agrees to check in every single week for their Accountability Check In with Suzan Galluzzo Fitness with progress photos and a message describing how the week went in the format Suzan Galluzzo Fitness sends to them in their messages.
3. Compensation and Payment.
1. If the client did not pay in full and Suzan Galluzzo Fitness agreed to a payment plan, the client must pay their scheduled payment(s) on time.
2. If the client did not pay in full and Suzan Galluzzo Fitness agreed to a payment plan and the client decides to quit their program and not do their part, they still owe their remaining dues to Suzan Galluzzo Fitness. There will be finance charges to payment plants.
3. Refunds. Under no circumstances will Suzan Galluzzo Fitness give refunds of the amount paid for the Services hereunder. Suzan Galluzzo Fitness agrees to doing his part in helping the client get the best possible results in 12 Weeks.
4. Ownership of Materials. The Company shall retain the creative rights to all original materials, data and similar items, produced by Suzan Galluzzo Fitness hereunder in connection with the Services under this agreement. All services and software used by Suzan Galluzzo Fitness shall at all times be the sole property of Suzan Galluzzo Fitness and under no circumstances shall Client have any interest in or rights to the title to such materials, mobile app or software. Each client will have access to the mobile app for 12 weeks total. Client acknowledges that Suzan Galluzzo Fitness may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
5. Additional Services. All services outside the scope of this Agreement that are requested by the Client and which Suzan Galluzzo Fitness agrees to perform will be billed after the client and Suzan Galluzzo Fitness come up with the terms, pricing and service. Client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although Suzan Galluzzo Fitness may not necessarily be able to inform Client in advance of the total cost of such additional services.
6. Handling of Disputes. The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to Suzan Galluzzo Fitness, shall be handled in accordance with applicable State and Federal laws. Specifically, if Client cancels credit card payments after the three day cancellation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and Suzan Galluzzo Fitness reserves the right to dispute such cancellation and pursue Client for monies owed to Suzan Galluzzo Fitness for services already performed but unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, it is liable to pay Suzan Galluzzo Fitness for the work already performed and the
total monies due to complete the full payment. Suzan Galluzzo Fitness reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if Suzan Galluzzo Fitness is successful in any credit card cancellation dispute, Suzan Galluzzo Fitness reserves the right to pursue Client for the costs Suzan Galluzzo Fitness had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time Suzan Galluzzo Fitness and its representatives spent handling such dispute.
7. No Guarantee. Suzan Galluzzo Fitness does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of Suzan Galluzzo Fitness may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
8. Communications. Client agrees the communication is to be via Suzan Galluzzo Fitness Mobile App only. Suzan Galluzzo Fitness typically responds to messages within 24 hours excluding weekends and standard public holidays.
9. Hours Of Operation
Suzan Galluzzo prides himself on being very accessible to his clients, however, just like everyone, she has a personal life, family and has to set boundaries. She will be available for sure Monday-Friday from 9AM to 5PM EST time.
10. Entire Agreement. This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
11. Severability. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
12. Headings. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
12 Week Program Liability Waiver
I have agreed to submit this application by electronic means. By signing this application electronically, I certify under penalty of perjury and false swearing that my answers are correct and complete to the best of my knowledge. I also certify that: I understand the statements on the waiver and release of liability provided below. I have read and understand the legal information on the waiver and release of liability provided below. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature.*
WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in SUZAN GALLUZZO FITNESS (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge SUZAN GALLUZZO FITNESS, located at 17 Madras Avenue Richmondhill Ontario, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.
I UNDERSTAND THAT THE NATURE OF THIS ACTIVITY INVOLVES PHYSICAL ACTIVITY, NUTRITION, AND YOUR OVERALL HEALTH AND WELL BEING. AS A RESULT, IT IS ADVISED THAT YOU CONSULT WITH YOUR PHYISICIAN BEFORE ENGAGING IN THE ACTIVITY, AND BEFORE MAKING ANY CHANGES IN YOUR DIET, PHYSICAL HEALTH, OR PHYSICAL ACTIVITY. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFEREING, ILLNESS, DISFIGUREMENT, TEMPORARTY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I agree to indemnify and hold harmless Suzan Galluzzo Fitness against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. I acknowledge that Suzan Galluzzo Fitness and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Suzan Galluzzo Fitness.
I agree that in the event that any provision of this Release and Indemnity is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Release and Indemnity which shall continue to be enforceable.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFFULY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE SUZAN GALLUZZO FITNESS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST SUZAN GALLUZZO FITNESS FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Suzan Galluzzo Fitness, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
For valuable consideration received, I grant to Suzan Galluzzo and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial, trade, advertising, marketing and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Suzan Galluzzo and his legal representatives and assigns from all claims and liability relating to said photographs.
Suzan Galluzzo Fitness Guarantee
I offer a 30 Day Money Back Guarantee to all of my clients.
If for some reason you do not get great results in your first 30 days and you made sure you followed all of my directions, stayed compliant to your meal plan, tracked all of your workouts and didn’t miss a single check in every single week, I will refund your money. However, to qualify for this guarantee, you must do your part and be responsible in staying true to your duties, listed below.
Please review the following and sign to ensure you have read and fully understand what is required from you as a client to qualify for the 30 Day Money Back Guarantee.
1. IT IS YOUR DUTY to use week 1 as an orientation and trial and error week.
1. I want all my clients to feel comfortable and confident in starting. Therefore I give you a total of 13 weeks with me. The first week is a week to just get in the groove of things. Use this week to do a test run on your meal prep, workouts and figuring out your schedule.
2. IT IS YOUR DUTY to stay true to your nutrition plan.
1. I created a plan for you that should be sustainable using plenty of foods to keep you satiated and energetic.
3. IT IS YOUR DUTY to workout 3-5x/week MINIMAL.
1. You have invested in yourself financially, make every penny count.
4. IT IS YOUR DUTY to do BOTH weights and cardio, every session.
1. The workouts should take no longer than 45 minutes. If time is an issue, tell me on your weekly check in and I will give you advice to make it work.
5. IT IS YOUR DUTY to check in EVERY week.
1. Check ins are for YOU. They help me understand the details I need to coach you the best I can each and every week.
6. IT IS YOUR DUTY to jump on Group Calls.
1. (mandatory and a great sense of community) If you ever find yourself having a bad week or have any questions this is your opportunity to meet with me face to face every single week. Once a week we will do a group call and anyone in our private Facebook group can join. We can talk about anything you like: questions, successes, concerns, advice, etc. It is your time, so come with what you want to talk about and I will be there to coach you. Take advantage of group calls.
7. IT IS YOUR DUTY to make sure you send pictures every week.
1. Your pictures are the most important part of a check in. Without visually seeing your progress, I can’t coach you based on what you type to me. DO NOT FORGET YOUR PICTURES.
8. IT IS YOUR DUTY to make sure you have meal prep done.
1. Failing to prepare is preparing to fail. Make sure if food is running low, that you make an effort to get to the grocery store and food prep if you have to. That way you don’t go to work or school the next day hungry, forcing you to make a bad decision and eat off your meal plan.
9. IT IS YOUR DUTY to track your workouts.
1. Every single workout, you will be required to log the weights you lift and the cardio you do in the mobile app.
10. IT IS YOUR DUTY to do BOTH your steps DAILY.
1. You made a commitment to do 10,000 steps daily there is no negotiations unless you have a medical reason that would stop you!