Reset & Restore Coaching Retreat

This COACHING SERVICES AGREEMENT (hereinafter “Agreement”) is entered into by and between: Catherine Frisby and Maquetha Lester (hereinafter “Coaches”) and the below signed (hereinafter the “Client”), (collectively referred to herein as the “Parties,” and individually as a “Party”). WHEREAS, the services (collectively referred to herein as the “Coaching Services”) provided by the Coaches shall include but are not limited to yoga classes, meditation classes, nutrition-based classes, sound healing classes, bodywork such as PNF, and sessions and various life therapy and/or life coaching classes and sessions which may or may not be provided simultaneously by the Coaches. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows: 1 DESCRIPTION OF COACHING. 1.1 Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coaches and the Client in a thought-provoking and creative process that inspires the Client to maximize the Client’s health potential and/or yoga, meditation, nutrition, and otherwise physical and psychological health skills and experience. Coaching is designed to facilitate the creation and development of health and/or life goals and to develop and carry out a strategy/plan for achieving those goals. 1.2 The Coaches are self-employed and independent contractors with respect to their relationships to Client. Neither the Coaches nor the Coaches employees and/or contractors are or shall be deemed for any purpose to be employees of Client. Client shall not be responsible to the Coaches, the Coaches employees and/or contractors, or any governing body for any payroll taxes related to the performance of the Coaching Services. 1.3 Client acknowledges that success in any engagement between Client and Coaches is predicated on the participation and availability of Client. Client is solely responsible for creating and implementing Client’s own decisions, choices, actions and results arising out of or resulting from the coaching relationship contemplated herein. As such, Client agrees that Coaches are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coaches. 2. COACH-CLIENT RELATIONSHIP. 2.1 Client is solely responsible for creating and implementing Client’s own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Client’s coaching calls and interactions with Coaches. As such, Client agrees that Coaches are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Coaches. Client understands coaching is NOT medical services and does not substitute for the services of a professional medical doctor if needed, and does not prevent, cure, or treat any medical disorder and/or medical disease. 2.2 Client understands and acknowledges that there are certain inherent risks and hazards associated with the services provided by Coaches and voluntarily assumes full responsibility for any injuries or damages that may occur as a result of Client’s participation. Client further acknowledges that Coaches are not responsible for any personal belongings that may be lost, damaged, or stolen while on the premises or in the care of Coaches. 2.3 Client further acknowledges that Client may terminate or discontinue the coaching relationship at any time upon the submission of written notification via email to Yoga Coach. 2.4 Client acknowledges that coaching is a comprehensive process that may involve different areas of Client’s life. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively Client’s responsibility. 2.5 Client consents to physical touch from Coaches when directly correlated with yoga, yogic practices, bodywork, PNF, and any other professional healing modality that Coaches can qualify with certification. Client is aware that if they prefer not to be touched they have full right at any time to state so, and will sign a separate waiver asking not to be touched. 2.6 Client acknowledges and understands that the role of the the Coaches is NOT to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Coaches are mentors and guides who have been trained in certain coaching strategies to help Client reach their own health goals by helping Client devise and implement positive, sustainable lifestyle changes. Client acknowledges and understands that Coaches are not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist and/or other licensed or registered professional, and that any advice given by Coaches is not meant to take the place of advice by those professionals. If Client is under the care of a health care professional or currently uses prescription medications, Client should discuss any dietary changes or potential dietary supplements use with Client’s doctor, and should not discontinue any prescription medications without first consulting Client’s doctor. 2.7 Client has chosen to work with the Coaches and understands that the information received should not be seen as medical advice and is not meant to take the place of seeing licensed health professionals. 2.8 Client understands that in order to enhance the coaching relationship, Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in coaching services. 3. SERVICES. Client and Coaches agree to engage in a three day Coaching Program via a Retreat providing Coaches services ranging from, but not limited to yoga classes, meditation classes, nutrition-based classes, sound healing classes, bodywork such as PNF, and sessions and various life therapy and/or life coaching classes and sessions which may or may not be provided simultaneously by the Coaches. This program may last beyond the three day period, as such, Client agrees to continue to adhere to the terms of this Agreement. 3.1 Tools & Advice. Client acknowledges that Client takes full responsibility for Client’s wellbeing and all decisions made before, during and after the Coaching Services provided by Coaches. All information and the Coaching Services provided to Client are made available to Client as tools for Client’s own use and for informational and educational purposes only. Client accepts full responsibility for their choices, actions and results, and expressly assumes the risk of the Coaching Services for Client’s use, or non-use, of the information provided to Client. Client also acknowledges and understands that Client expressly assumes all of the risks related to the Coaching Services provided by Coaches to Client, whether or not such risks were created and/or exacerbated by Coaches. 3.2 Intellectual Property Rights. Coaches retain all ownership rights to the materials provided to Client during the term of this Agreement. The materials Client is provided are for Client’s use only and are being provided to Client with a single-user license. Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Coaches electronically or otherwise without Coaches prior written consent. All intellectual property shall remain the sole property of the Coaches, and no license to sell or distribute Coaches materials is hereby granted or implied. Client agrees not to reproduce, duplicate, copy, sell, trade, resell and/or exploit for any commercial or personal purposes any materials provided by Coaches to Client without Coaches prior written consent. 3.3 Client understands that there will be other individuals enrolled in this work with the Coaches, potentially simultaneously to the Client. Client will respect all privacy of other individuals enrolled in the program and as such will not record via video or audio, take any photo, nor release the name(s) of those individuals. Client understands that this work with Coaches and the other individuals enrolled in the program is private and sacred, and will not share any experience of other individuals without their prior consent and the additional consent of Coaches. 3.4 Client understands that the Coaching Services are voluntary and that Coaches will develop and guide Client through the Coaching Services. Client understands that it is recommended that Client have a yearly physical or more frequent physical examination and consultation with Client’s physician as to physical activity and diet so Client is aware of what is appropriate for Client. Client acknowledges that Client has either had a physical exam and has been given Client’s physician’s permission to participate in the Coaching Services or Client has decided to participate without approval of Client’s physician. 4. HEALTH. 4.1 Client represents that he or she does not have any health condition that strenuous exercise or the Coaching Services could make worse. Client understands that Coaches not medically trained to monitor the Client’s health during exercise. Client agrees to contact his or her own medical service provider for any questions regarding his or her ability to exercise safely. The Coaching Services are solely for Client’s recreational use. 4.2 Client understands that Client has the complete right to stop or decrease Client’s participation at any time during a session and that it is Client’s obligation to inform Coaches of any symptoms such as fatigue, shortness of breath and/or chest discomfort. 4.3 Waiver of Liability. Client, being aware of his or her own health and physical condition, and having knowledge that his or her participation in any exercise program or the Coaching Services may be injurious to Client’s health, is voluntarily participating in physical activity with Coaches. Client understands that any physical activity carries with it an inherent risk of injury. Risk of injury may be minor, such as soreness, sprains, strains, and bruises or serious, such as heart attacks, strokes, paralysis, and death. Having such knowledge, Client hereby releases Coaches from liability for accidental injury or illness which Client may incur because of participating in said physical activity. Client hereby assumes all risks connected therewith and consent to participate in the Coaching Services. Client agrees to disclose any physical limitations, disabilities, ailments, or impairments which may affect Client’s ability to participate in said Coaching Services. All participation is done at the risk of the Client and Coaches are not responsible for any personal injury arising wherefrom. Client attests that he or she is in good medical condition and is physically capable to perform the activities consistent with the Coaching Services offered by Coaches. Client further acknowledges and understands that he or she will be engaging in activities that involve inherent risks, that include, but are not limited to, the risk of serious personal injury, illness, and/or permanent disability and that also involve the risk of severe economic damage. Furthermore, Client acknowledges that there may be risks involved in the activities contemplated by this Agreement which are not known to Client or Coaches at the time this Agreement is made effective and may not be foreseen or reasonably foreseeable by any of the Parties to this Agreement. CLIENT UNDERSTANDS AND ACCEPTS ALL OF THE FOREGOING RISKS. RECOGNIZING SUCH RISKS, CLIENT VOLUNTARILY CHOOSES TO TAKE PART IN THE SERVICES. By signing this Agreement, Client hereby understands and agrees that he or she waives his or her rights and the rights of his or her heirs, guardians, administrators and executors to all claims arising out of the Coaching Services contemplated by this Agreement. Client hereby releases, discharges and forever acquits Coaches from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any economic or property loss, damage or injury that may be sustained by the Client through his or her participation in the Coaching Services offered by Coaches. Client agrees to indemnify and hold harmless Coaches and all others by paying any associated costs and attorney’s fees incurred from the investigation and subsequent defense of any claim(s) or lawsuits arising from the services contemplated by this Agreement if a court of competent jurisdiction finds that Coaches and/or all others are not liable for any injury alleged. 5. SCHEDULE & FEES. 5.1 This Agreement is effective as of Client’s signature date. The fee for the Coaching Services shall be as follows: Ticket price plus any associated processing fees. Client shall pay the full cost upfront. Client may obtain a refund of up to 50% of the ticket price, sans any associated processing fees, if a life changing event prevents Client from attending the program. This refund is only available up to 7 calendar days before the Coaching Services begin. If Client is unable to attend the program within 7 calendar days before the Coaching Services begin, Client forefeits this refund. 5.2 Authorized Expenses. Client will reimburse Coaches for all reasonable expenses incurred by Coaches in performing the Coaching Services pursuant to this Agreement, only if Coaches receive written consent via email from an authorized representative of Client prior to incurring such expenses and submits receipts for such expenses to Client. 5.3 Client acknowledges and agrees that if Client has purchased a Coaching Services package, such sessions will expire at the end date of the current Coaching Service program. Should Client fail to attend any or all of the sessions, Client shall not receive a refund of any kind. 6. PROCEDURE. 6.1 The time of the coaching meetings and/or locations will be determined by Coaches and Client based on a mutually agreed upon time. Client is responsible for ensuring their presence at the times dictated in the provided itineraries. If Coaches will be at any other location for a scheduled event, Client will be notified prior to the scheduled appointment time. 6.2 Client understands that they are responsible at all times for Client’s own transportation. This transportation includes, but is not limited to, planes, trains, buses, and motor vehicles. Client is not in the care of Coaches during their time in any mode of transportation. All fees associated with their modes of transportation will not be reimbursed. Client assumes full responsiblity for choosing how they will attend any and all locations associated to the Coaching Services. Client is aware that Coaches may have multiple destinations during the Coaching Services and that if Client cannot travel to these destinations Client will be eliminated from that particular service and provided no discount or refund. 7. CONFIDENTIALITY. 7.1 Please be aware that the Coaches-Client relationship is NOT considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Coaches agree not to disclose any information pertaining to Client without Client’s written consent. Coaches will not disclose Client’s name as a reference without Client’s consent. 7.2 Confidential Information does not include information that: (a) was in Coaches possession prior to its being furnished by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coaches from a third party, without breach of any obligation to Client; (d) is independently developed by Coaches without use of or reference to Client’s confidential information; (e) Coaches are required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coaches and as a result of such disclosure Coaches reasonably believe there to be an imminent or likely risk of danger or harm to Client or others; and/or (g) involves illegal activity. Client also acknowledges Client’s continuing obligation to raise any confidentiality questions or concerns with Coaches in a timely manner. 8. PRIVACY & DATA PROTECTION. 8.1 Coaches and Client will each comply as appropriate with applicable privacy/data protection legislation, binding court orders, judgments and/or decrees, guidance, codes, policy and/or standards. 8.2 With regard to processing personal data/personal identifiable information (collectively “data”) in relation to the Client, Coaches will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with Coaches legal or regulatory obligations, or for contractual performance, or for Coaches legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who Coaches will inform Client about; concerning such data, observe Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and Client of the data security breach; and, where it is necessary for Coaches to transfer such data internationally Coaches will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data. 8.3 In connection with any infringement by Coaches of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to Client, Coaches entire liability under this Agreement and Client’s exclusive remedy shall be limited to the amount actually paid by Client to Coaches under this Agreement for all coaching services rendered through and including the termination date. 9. CANCELLATION POLICY. 9.1 Client agrees that it is Client's responsibility to notify Coaches of any cancellations seven (7) days in advance of any Coaching Services schedule. 9.2 Should Client have a life altering event that causes Client to be absent from the Coaching Services, Client entitled up to 50% of the ticket price only refunded to them if Coaches are notified within the seven (7) day period, total to be determined by Coaches. 10. TERMINATION. 10.1 Either Client or Coaches may terminate this Agreement at any time with one (1) day prior written notice. Client agrees to compensate Coaches for any and all Coaching Services rendered through and including the effective date of termination of the coaching relationship. 10.2 Coaches reserve the right to refuse any Client, person, persons using Coaches own descernment despite prior payment. Refund of payment shall be determind by Coaches and Coaches contemplation of the individual situation. 11. LIMITATION OF LIABILITY. 11.1 Coaches make no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching Services negotiated, agreed upon and rendered. In no event shall Coaches be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Coaches entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coaches under this Agreement for all Coaching Services rendered through and including the termination date. 12. DISCLAIMER OF WARRANTIES. 12.1 Notwithstanding anything to the contrary in this Agreement, Coaches make no disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose with respect to the Coaching Services to the extent permitted by applicable law. Coaches make no representations or warranties as to the success of Coaching Services for any purpose or use. In no event shall Coaches be liable to Client or to any other person for any incidental, consequential or special damages arising from the Coaching Services as herein contemplated. Past results are in no way a guarantee of results for any current Client of Coaches. Client hereby disclaims that it is relying upon or has relied upon any representations or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Coaches disclaim any such other representations and warranties. Client freely and voluntarily assumes all risks involved with receiving the Coaching Services described herein. Coaches make no guarantee, representation or warranty as to the results that Client may attain through the Coaching Services and Coaches explicitly disclaim any warranty or guarantee, express or implied, of results. 13. ENTIRE AGREEMENT. 13.1 This Agreement reflects the entire agreement between Coaches and Client, and reflects a complete understanding of the Parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Coaches and Client. 14. GOVERNING LAW. 14.1 This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Colorado, and both Parties expressly consent to jurisdiction in such courts. 15. DISPUTE RESOLUTION. 15.1 If a dispute arises out of this Agreement that cannot be resolved by mutual consent, Client and Coaches agree to attempt to mediate in good faith for up to thirty (30) days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party shall be entitled to recover attorney’s fees and court costs from the other Party. 16. SEVERABILITY. 16.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 17. WAIVER. 17.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 18. BINDING EFFECT. 18.1 This Agreement shall be binding upon the Parties hereto and their respective successors and permissible assigns. I, THE CLIENT, HAVE READ THIS AGREEMENT AND UNERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS FOR MYSELF. I RELEASE AND ALL OTHERS FROM ANY CLAIMS OF NEGLIGENCE RESULTING IN PERSONAL INJURY AND ANY PROPERTY LOSS CLAIMS. I, THE CLIENT, DO HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE COACHES FROM ANY AND ALL RESPONSIBILITIES OR LIABILITY FOR ANY PRESENT AND FUTURE INJURIES OR DAMAGES RESULTING OR ARISING FROM MY (CLIENT) PARTICIPATION IN ANY COACHING SERVICES, INCLUDING, BUT NOT LIMITED TO, EXERCISE, YOGA CLASSES, LIFE-COACHING SESSIONS AND/OR USE OF THE EQUIPMENT INCLUDING ANY INJURIES AND DAMAGES CAUSED BY THE NEGLIGENT ACT OR OMISSION OF ANY OF THOSE PERSONS OR ENTITIES MENTIONED ABOVE. IN WITNESS WHEREOF, the Parties have executed this Coaching Services Agreement as of the date of the Client signature.

This COACHING SERVICES AGREEMENT (hereinafter “Agreement”) is entered into by and between: Catherine Frisby and Maquetha Lester (hereinafter “Coaches”) and the below signed (hereinafter the “Client”), (collectively referred to herein as the “Parties,” and individually as a “Party”). WHEREAS, the services (collectively referred to herein as the “Coaching Services”) provided by the Coaches shall include but are not limited to yoga classes, meditation classes, nutrition-based classes, sound healing classes, bodywork such as PNF, and sessions and various life therapy and/or life coaching classes and sessions which may or may not be provided simultaneously by the Coaches. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows: DESCRIPTION OF COACHING. 1.1 Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coaches and the Client in a thought-provoking and creative process that inspires the Client to maximize the Client’s health potential and/or yoga, meditation, nutrition, and otherwise physical and psychological health skills and experience. Coaching is designed to facilitate the creation and development of health and/or life goals and to develop and carry out a strategy/plan for achieving those goals. 1.2 The Coaches are self-employed and independent contractors with respect to their relationships to Client. Neither the Coaches nor the Coaches employees and/or contractors are or shall be deemed for any purpose to be employees of Client. Client shall not be responsible to the Coaches, the Coaches employees and/or contractors, or any governing body for any payroll taxes related to the performance of the Coaching Services. 1.3 Client acknowledges that success in any engagement between Client and Coaches is predicated on the participation and availability of Client. Client is solely responsible for creating and implementing Client’s own decisions, choices, actions and results arising out of or resulting from the coaching relationship contemplated herein. As such, Client agrees that Coaches are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coaches. 2. COACH-CLIENT RELATIONSHIP. 2.1 Client is solely responsible for creating and implementing Client’s own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and Client’s coaching calls and interactions with Coaches. As such, Client agrees that Coaches are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Coaches. Client understands coaching is NOT medical services and does not substitute for the services of a professional medical doctor if needed, and does not prevent, cure, or treat any medical disorder and/or medical disease. 2.2 Client understands and acknowledges that there are certain inherent risks and hazards associated with the services provided by Coaches and voluntarily assumes full responsibility for any injuries or damages that may occur as a result of Client’s participation. Client further acknowledges that Coaches are not responsible for any personal belongings that may be lost, damaged, or stolen while on the premises or in the care of Coaches. 2.3 Client further acknowledges that Client may terminate or discontinue the coaching relationship at any time upon the submission of written notification via email to Yoga Coach. 2.4 Client acknowledges that coaching is a comprehensive process that may involve different areas of Client’s life. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively Client’s responsibility. 2.5 Client consents to physical touch from Coaches when directly correlated with yoga, yogic practices, bodywork, PNF, and any other professional healing modality that Coaches can qualify with certification. Client is aware that if they prefer not to be touched they have full right at any time to state so, and will sign a separate waiver asking not to be touched. 2.6 Client acknowledges and understands that the role of the the Coaches is NOT to provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Coaches are mentors and guides who have been trained in certain coaching strategies to help Client reach their own health goals by helping Client devise and implement positive, sustainable lifestyle changes. Client acknowledges and understands that Coaches are not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist and/or other licensed or registered professional, and that any advice given by Coaches is not meant to take the place of advice by those professionals. If Client is under the care of a health care professional or currently uses prescription medications, Client should discuss any dietary changes or potential dietary supplements use with Client’s doctor, and should not discontinue any prescription medications without first consulting Client’s doctor. 2.7 Client has chosen to work with the Coaches and understands that the information received should not be seen as medical advice and is not meant to take the place of seeing licensed health professionals. 2.8 Client understands that in order to enhance the coaching relationship, Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in coaching services. 3. SERVICES. Client and Coaches agree to engage in a three day Coaching Program via a Retreat providing Coaches services ranging from, but not limited to yoga classes, meditation classes, nutrition-based classes, sound healing classes, bodywork such as PNF, and sessions and various life therapy and/or life coaching classes and sessions which may or may not be provided simultaneously by the Coaches. This program may last beyond the three day period, as such, Client agrees to continue to adhere to the terms of this Agreement. 3.1 Tools & Advice. Client acknowledges that Client takes full responsibility for Client’s wellbeing and all decisions made before, during and after the Coaching Services provided by Coaches. All information and the Coaching Services provided to Client are made available to Client as tools for Client’s own use and for informational and educational purposes only. Client accepts full responsibility for their choices, actions and results, and expressly assumes the risk of the Coaching Services for Client’s use, or non-use, of the information provided to Client. Client also acknowledges and understands that Client expressly assumes all of the risks related to the Coaching Services provided by Coaches to Client, whether or not such risks were created and/or exacerbated by Coaches. 3.2 Intellectual Property Rights. Coaches retain all ownership rights to the materials provided to Client during the term of this Agreement. The materials Client is provided are for Client’s use only and are being provided to Client with a single-user license. Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Coaches electronically or otherwise without Coaches prior written consent. All intellectual property shall remain the sole property of the Coaches, and no license to sell or distribute Coaches materials is hereby granted or implied. Client agrees not to reproduce, duplicate, copy, sell, trade, resell and/or exploit for any commercial or personal purposes any materials provided by Coaches to Client without Coaches prior written consent. 3.3 Client understands that there will be other individuals enrolled in this work with the Coaches, potentially simultaneously to the Client. Client will respect all privacy of other individuals enrolled in the program and as such will not record via video or audio, take any photo, nor release the name(s) of those individuals. Client understands that this work with Coaches and the other individuals enrolled in the program is private and sacred, and will not share any experience of other individuals without their prior consent and the additional consent of Coaches. 3.4 Client understands that the Coaching Services are voluntary and that Coaches will develop and guide Client through the Coaching Services. Client understands that it is recommended that Client have a yearly physical or more frequent physical examination and consultation with Client’s physician as to physical activity and diet so Client is aware of what is appropriate for Client. Client acknowledges that Client has either had a physical exam and has been given Client’s physician’s permission to participate in the Coaching Services or Client has decided to participate without approval of Client’s physician. 4. HEALTH. 4.1 Client represents that he or she does not have any health condition that strenuous exercise or the Coaching Services could make worse. Client understands that Coaches not medically trained to monitor the Client’s health during exercise. Client agrees to contact his or her own medical service provider for any questions regarding his or her ability to exercise safely. The Coaching Services are solely for Client’s recreational use. 4.2 Client understands that Client has the complete right to stop or decrease Client’s participation at any time during a session and that it is Client’s obligation to inform Coaches of any symptoms such as fatigue, shortness of breath and/or chest discomfort. 4.3 Waiver of Liability. Client, being aware of his or her own health and physical condition, and having knowledge that his or her participation in any exercise program or the Coaching Services may be injurious to Client’s health, is voluntarily participating in physical activity with Coaches. Client understands that any physical activity carries with it an inherent risk of injury. Risk of injury may be minor, such as soreness, sprains, strains, and bruises or serious, such as heart attacks, strokes, paralysis, and death. Having such knowledge, Client hereby releases Coaches from liability for accidental injury or illness which Client may incur because of participating in said physical activity. Client hereby assumes all risks connected therewith and consent to participate in the Coaching Services. Client agrees to disclose any physical limitations, disabilities, ailments, or impairments which may affect Client’s ability to participate in said Coaching Services. All participation is done at the risk of the Client and Coaches are not responsible for any personal injury arising wherefrom. Client attests that he or she is in good medical condition and is physically capable to perform the activities consistent with the Coaching Services offered by Coaches. Client further acknowledges and understands that he or she will be engaging in activities that involve inherent risks, that include, but are not limited to, the risk of serious personal injury, illness, and/or permanent disability and that also involve the risk of severe economic damage. Furthermore, Client acknowledges that there may be risks involved in the activities contemplated by this Agreement which are not known to Client or Coaches at the time this Agreement is made effective and may not be foreseen or reasonably foreseeable by any of the Parties to this Agreement. CLIENT UNDERSTANDS AND ACCEPTS ALL OF THE FOREGOING RISKS. RECOGNIZING SUCH RISKS, CLIENT VOLUNTARILY CHOOSES TO TAKE PART IN THE SERVICES. By signing this Agreement, Client hereby understands and agrees that he or she waives his or her rights and the rights of his or her heirs, guardians, administrators and executors to all claims arising out of the Coaching Services contemplated by this Agreement. Client hereby releases, discharges and forever acquits Coaches from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any economic or property loss, damage or injury that may be sustained by the Client through his or her participation in the Coaching Services offered by Coaches. Client agrees to indemnify and hold harmless Coaches and all others by paying any associated costs and attorney’s fees incurred from the investigation and subsequent defense of any claim(s) or lawsuits arising from the services contemplated by this Agreement if a court of competent jurisdiction finds that Coaches and/or all others are not liable for any injury alleged. 5. SCHEDULE & FEES. 5.1 This Agreement is effective as of Client’s signature date. The fee for the Coaching Services shall be as follows: Ticket price plus any associated processing fees. Client shall pay the full cost upfront. Client may obtain a refund of up to 50% of the ticket price, sans any associated processing fees, if a life changing event prevents Client from attending the program. This refund is only available up to 7 calendar days before the Coaching Services begin. If Client is unable to attend the program within 7 calendar days before the Coaching Services begin, Client forefeits this refund. 5.2 Authorized Expenses. Client will reimburse Coaches for all reasonable expenses incurred by Coaches in performing the Coaching Services pursuant to this Agreement, only if Coaches receive written consent via email from an authorized representative of Client prior to incurring such expenses and submits receipts for such expenses to Client. 5.3 Client acknowledges and agrees that if Client has purchased a Coaching Services package, such sessions will expire at the end date of the current Coaching Service program. Should Client fail to attend any or all of the sessions, Client shall not receive a refund of any kind. 6. PROCEDURE. 6.1 The time of the coaching meetings and/or locations will be determined by Coaches and Client based on a mutually agreed upon time. Client is responsible for ensuring their presence at the times dictated in the provided itineraries. If Coaches will be at any other location for a scheduled event, Client will be notified prior to the scheduled appointment time. 6.2 Client understands that they are responsible at all times for Client’s own transportation. This transportation includes, but is not limited to, planes, trains, buses, and motor vehicles. Client is not in the care of Coaches during their time in any mode of transportation. All fees associated with their modes of transportation will not be reimbursed. Client assumes full responsiblity for choosing how they will attend any and all locations associated to the Coaching Services. Client is aware that Coaches may have multiple destinations during the Coaching Services and that if Client cannot travel to these destinations Client will be eliminated from that particular service and provided no discount or refund. 7. CONFIDENTIALITY. 7.1 Please be aware that the Coaches-Client relationship is NOT considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Coaches agree not to disclose any information pertaining to Client without Client’s written consent. Coaches will not disclose Client’s name as a reference without Client’s consent. 7.2 Confidential Information does not include information that: (a) was in Coaches possession prior to its being furnished by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coaches from a third party, without breach of any obligation to Client; (d) is independently developed by Coaches without use of or reference to Client’s confidential information; (e) Coaches are required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coaches and as a result of such disclosure Coaches reasonably believe there to be an imminent or likely risk of danger or harm to Client or others; and/or (g) involves illegal activity. Client also acknowledges Client’s continuing obligation to raise any confidentiality questions or concerns with Coaches in a timely manner. 8. PRIVACY & DATA PROTECTION. 8.1 Coaches and Client will each comply as appropriate with applicable privacy/data protection legislation, binding court orders, judgments and/or decrees, guidance, codes, policy and/or standards. 8.2 With regard to processing personal data/personal identifiable information (collectively “data”) in relation to the Client, Coaches will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with Coaches legal or regulatory obligations, or for contractual performance, or for Coaches legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who Coaches will inform Client about; concerning such data, observe Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and Client of the data security breach; and, where it is necessary for Coaches to transfer such data internationally Coaches will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data. 8.3 In connection with any infringement by Coaches of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to Client, Coaches entire liability under this Agreement and Client’s exclusive remedy shall be limited to the amount actually paid by Client to Coaches under this Agreement for all coaching services rendered through and including the termination date. 9. CANCELLATION POLICY. 9.1 Client agrees that it is Client's responsibility to notify Coaches of any cancellations seven (7) days in advance of any Coaching Services schedule. 9.2 Should Client have a life altering event that causes Client to be absent from the Coaching Services, Client entitled up to 50% of the ticket price only refunded to them if Coaches are notified within the seven (7) day period, total to be determined by Coaches. 10. TERMINATION. 10.1 Either Client or Coaches may terminate this Agreement at any time with one (1) day prior written notice. Client agrees to compensate Coaches for any and all Coaching Services rendered through and including the effective date of termination of the coaching relationship. 10.2 Coaches reserve the right to refuse any Client, person, persons using Coaches own descernment despite prior payment. Refund of payment shall be determind by Coaches and Coaches contemplation of the individual situation. 11. LIMITATION OF LIABILITY. 11.1 Coaches make no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching Services negotiated, agreed upon and rendered. In no event shall Coaches be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Coaches entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coaches under this Agreement for all Coaching Services rendered through and including the termination date. 12. DISCLAIMER OF WARRANTIES. 12.1 Notwithstanding anything to the contrary in this Agreement, Coaches make no disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose with respect to the Coaching Services to the extent permitted by applicable law. Coaches make no representations or warranties as to the success of Coaching Services for any purpose or use. In no event shall Coaches be liable to Client or to any other person for any incidental, consequential or special damages arising from the Coaching Services as herein contemplated. Past results are in no way a guarantee of results for any current Client of Coaches. Client hereby disclaims that it is relying upon or has relied upon any representations or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Coaches disclaim any such other representations and warranties. Client freely and voluntarily assumes all risks involved with receiving the Coaching Services described herein. Coaches make no guarantee, representation or warranty as to the results that Client may attain through the Coaching Services and Coaches explicitly disclaim any warranty or guarantee, express or implied, of results. 13. ENTIRE AGREEMENT. 13.1 This Agreement reflects the entire agreement between Coaches and Client, and reflects a complete understanding of the Parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Coaches and Client. 14. GOVERNING LAW. 14.1 This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Colorado, and both Parties expressly consent to jurisdiction in such courts. 15. DISPUTE RESOLUTION. 15.1 If a dispute arises out of this Agreement that cannot be resolved by mutual consent, Client and Coaches agree to attempt to mediate in good faith for up to thirty (30) days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party shall be entitled to recover attorney’s fees and court costs from the other Party. 16. SEVERABILITY. 16.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 17. WAIVER. 17.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 18. BINDING EFFECT. 18.1 This Agreement shall be binding upon the Parties hereto and their respective successors and permissible assigns. I, THE CLIENT, HAVE READ THIS AGREEMENT AND UNERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS FOR MYSELF. I RELEASE AND ALL OTHERS FROM ANY CLAIMS OF NEGLIGENCE RESULTING IN PERSONAL INJURY AND ANY PROPERTY LOSS CLAIMS. I, THE CLIENT, DO HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE COACHES FROM ANY AND ALL RESPONSIBILITIES OR LIABILITY FOR ANY PRESENT AND FUTURE INJURIES OR DAMAGES RESULTING OR ARISING FROM MY (CLIENT) PARTICIPATION IN ANY COACHING SERVICES, INCLUDING, BUT NOT LIMITED TO, EXERCISE, YOGA CLASSES, LIFE-COACHING SESSIONS AND/OR USE OF THE EQUIPMENT INCLUDING ANY INJURIES AND DAMAGES CAUSED BY THE NEGLIGENT ACT OR OMISSION OF ANY OF THOSE PERSONS OR ENTITIES MENTIONED ABOVE. IN WITNESS WHEREOF, the Parties have executed this Coaching Services Agreement as of the date of the Client signature.