Olivia Ostrom Fitness Inc. - Coaching Agreement
This Coaching Agreement (the "Agreement") is made as of the date you indicate below (the "Binding Date") between Olivia Ostrom Fitness Inc., a corporation formed pursuant to the Business Corporations Act, RSA 2000, c B-9 in Alberta, Canada (referred to as "Olivia Ostrom Fitness", "we", "us" or "our") and you, the individual who signs this agreement, electronically or otherwise, as an indication of their consent to these terms, below (referred to as “you” or the “Client”). This Agreement is in addition to our Website Terms and Condition of Use, which are incorporated by reference as available online at https://www.oliviaostrom.com/terms.
For the purposes of this Agreement, "Parties" means Olivia Ostrom Fitness and the Client and "Party" means either one of them. In consideration of the mutual promises and agreements set out below, the Parties agree as follows:
1. Subject to the terms and conditions of this Agreement, we will provide coaching services to you. The services we perform ("Services"), the duration and the fees payable will be as described in our correspondence with you, whether via email or otherwise. Those fees and scope of services are incorporated by reference herein. All fees are subject to the addition of sales and other applicable taxes.
2. While we may perform the Services using our own employees, we may also subcontract the Services to individual coaches or other entities. Your coach will be identified in our correspondence with you.
3. You agree that we may bill your credit card or other payment method for all fees and taxes, whether on an hourly, weekly, monthly or annual basis, as applicable, in advance. Where we do not bill your payment method in advance, you agree that all invoices we provide you shall become due upon receipt.
4. We may suspend all Services in the event any balance owing to us is more than three (3) calendar days in arrears.
Refunds and Cancellation
5. While we do not offer refunds for any prepayments towards our Services, if you need to cancel a scheduled coaching session, you may do so a minimum of 24 hours in advance. Where you fail to cancel a coaching session more than 24 hours in advance, you agree that we may bill you and charge your payment method or apply any prepayments made to the cancelled session.
Acceptance of Risk and Disclaimers
7. OUR SERVICES, INCLUDING ANY PART OF OUR SERVICES PROVIDED BY A SUBCONTRACTOR, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
8. UNLESS EXPRESSLY STATED OTHERWISE BY US: (I) ANY COACH OR INDIVIDUAL DISPLAYED ON OUR WEBSITE OR SOCIAL MEDIA ACCOUNTS OR WHICH PROVIDES COACHING SERVICES, IS NOT A DOCTOR, REGISTERED DIETICIAN, PHYSIOTHERAPIST, CHIROPRACTOR OR OTHER REGULATED PROFESSIONAL; AND (II) NONE OF OUR SERVICES (WHETHER PERFORMED BY US OR A SUBCONTRACTOR) OR ANY INFORAMATION FROM US OR OUR SUBCONTRACTORS, ARE PROVIDED AS, NOR ARE THEY INTENDED TO BE, PROFESSIONAL NUTRITION, CHIROPRACTIC, PHYSIO OR MEDICAL ADVICE.
9. PRIOR TO UNDERTAKING ANY COACHING SESSIONS, ACTING ON ANY RECOMMENDATIONS PROVIDED TO YOU OR ENGAGING IN PHYSICAL ACTIVITY, YOU SHOULD SEEK PROFESSIONAL ADVICE (WHETHER MEDICAL, NUTRITIONAL, CHIROPRACTIC, PHYSIO OR OTHER ADVICE, AS APPLICABLE) TO ENSURE ANY WORKOUT ROUTINES, FOOD, VITAMINS OR OTHER SUBSTANCES ARE SUITABLE FOR YOU, TAKING INTO CONSIDERATION ANY MEDICAL CONDITIONS, INJURIES OR FOOD ALLERGIES YOU MAY HAVE. YOU SHOULD ESPECIALLY SEEK PROFESSIONAL MEDICAL ADVICE IF YOU (OR A FAMILY MEMBER) HAS A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING OR HAVE ANY DISEASE, CONDITION OR INJURY THAT MAY BE IMPACTED BY PHYSICAL ACTIVITY OR A CHANGE IN DIET.
10. WITHOUT LIMITING ANY OTHER SECTION OF THIS AGREEMENT, YOU AGREE THAT NEITHER WE, NOR OUR DIRECTORS, OFFICERS OR EMPLOYEES (INCLUDING OLIVIA OSTROM) SHALL BE RESPONSIBLE FOR ANY DAMAGES, DEATH OR PERSONAL INJURY YOU SUFFER, HOWSOEVER CAUSED, WHETHER ARISING FROM THE ACTS OR OMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OURS, OUR EMPLOYEES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS, THIRD PARTY COACHES, PAYMENT PROCESSORS OR THIRD-PARTY SERVICE PROVIDERS.
LIMITATION OF OUR LIABILITY
11. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, COACHES (INCLUDING OLIVIA OSTROM), CONTRACTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU MAY SUFFER, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
12. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, COACHES, CONTRACTORS OR EMPLOYEES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR COACHING SERVICES.
13. IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR PRODUCTS OR SERVICES, BE MORE THAN THE GREATER OF (i) USD $25.00; OR (ii) THE AMOUNT YOU HAVE PAID TO US FOR OUR SERVICES OVER THE PRECEDING 3 MONTHS FROM THE DATE YOUR FIRST RAISE YOUR CLAIM WITH US.
14. YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO OUR COACHING SERVICES WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
15. While you may terminate your use of our coaching Services at the end of any prepaid subscription or service period, you agree that the terms of this Agreement shall apply to any and all services we perform, at your request, hereinafter, unless both Parties agree otherwise, in writing.
16. Notwithstanding the termination of this Agreement or our Services, any terms of this Agreement which, by their nature, extend beyond the expiration or termination hereof, shall remain in full force and effect. Without limiting the foregoing, any provisions of this Agreement concerning the matters listed below, shall remain binding even upon termination: (a) any provision restricting or limiting liability; (b) any disclaimers of risk; (c) any other terms or conditions which expressly refer to obligations remaining in force post-termination; and (d) all other terms necessary to give business efficacy to this Agreement, including for example, interpretive provisions, choice of law and dispute resolution provisions.
17. Assignment: This Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. We may also assign this agreement to any successor or purchaser of our business.
18. Governing Law: This Agreement and your relationship with us, shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta, Canada and any Canadian federal laws applicable therein. Any dispute, controversy or claim arising out of, or in any way related to this Agreement shall be settled by a court in the Province of Alberta, Canada including, if applicable, any Canadian federal courts therein.
19. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein. This Agreement may only be amended by a written instrument signed by both Parties.
20. Interpretation: If any ambiguity or question of intent arises with respect to any provision of the Agreement or the terms and any document or schedule incorporated by reference, the Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions.
21. Severability: The invalidity or unenforceability of any provision or part of any provision of the Agreement, including all documents and schedules incorporated by reference, shall not affect the validity or enforceability of any other provision or part of the Agreement, and any such invalid or unenforceable provision or part thereof shall be deemed to be separate, severable and distinct and no provision or part thereof shall be deemed dependent upon any other provision or part of the Agreement.
By your signature below, you agree to be bound by the terms and conditions of the Agreement and all documents, agreements and policies incorporated by reference.