This Agreement is between Lisamarie Kowalik (herein after referred to as “Company” or “Coach”) and the Purchaser of this product (herein after referred to as “Client”), for the purpose the coaching services outlined below. This Agreement shall become effective upon the date of purchase.

1. Scope of Coaching Program
14 course modules released weekly
Lifetime course access

2. Fees
In consideration for the coaching services provided by the Company, the Client agrees to compensate the Company the amount agreed at the time of checkout, as listed herein:
One payment of $1800.00, OR 4 monthly payments of $450.00
Payments are deducted automatically through the Company's client management system, as selected at checkout.

3. Refunds
In the event that this Agreement is terminated pursuant to Section 5, no portion of any payments of any kind whatsoever shall be owed or refunded to Client.

4. Term and Termination
Should the Client wish to cancel services at any time, the Client must pay the remaining balance to the Company, whether or not they continue to receive services. The Company reserves the right to collect any outstanding and unpaid balance through collections.

The Company may terminate this Agreement at any time in the event the Client breaches contract, Client fails to comply with suggestions provided by Coach without reaching an agreeable alternative solution, or Client does not remit payment as specified in Section 3.

5. Service Location
Both Parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.

6. Copyright
All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Coach in relation to this Agreement is the exclusive and sole property of Coach and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s course and content is owned by th Company and is not to be used for purposes beyond client implementation. Violators of this federal law will be subject to its civil and criminal penalties.

7. Confidentiality
Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its course materials, coaching materials, Trainerize access, mentoring style, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Coach will not use Client’s name for advertising, press releases, announcements or any promotional purposes, including on its website, without the prior written consent of Client.

8. Guarantees
Coach does not make any guarantees as to the results, including nutritional, health, or other personal gains, of any services provided. Coach agrees to provide the services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Coach’s services throughout the coaching program will produce different outcomes and results for each Client. Client understands and agrees that:

Every client and final result is different.
Health coaching and/or consulting is a subjective service and Coach may give different information to each Client depending on his/her/their needs and personal health and nutritional needs.
Coach will use her personal judgment to create favorable experiences for each Client depending on their personal health and nutritional needs.
Dissatisfaction with Coach’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

10. DISCLAIMER
The Company and its Coaches are not doctors or registered dietitians. The contents of the program should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem--nor is it intended to replace the advice of a physician. Always consult your physician or health professional on any matters regarding your health. Use of the information in this package is strictly at your own risk. Any sample meals shared are for recommendation/example only and are not approved by registered dietitians or meant to be prescribed meal plans.

Client agrees and understands the Coaches are not providing the professional services of a doctor, registered dietitian, attorney, accountant, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider.

11. Relationship of the Parties
The Parties acknowledge and agree that the services performed by Company, her employees, agents or subcontractors 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.

12. Indemnification
Client will indemnify, defend and hold harmless Company, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Lisamarie or persons furnished by Lisamarie; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Lisamarie; (c) any failure by Lisamarie to perform its obligations under this Agreement; (d) any negligent act or omission committed by Lisamarie in the performance of the Services; or (e) any claims, actions, or other proceedings based on a claim that any work provided by Lisamarie infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

13. Limitation of Liability
Client acknowledges that while the Coaches may provide solutions and suggestions, it is up to Client to act on his/her/their own best interest and all decisions for improvement ultimately fall upon Client. Client agrees to hold Company harmless for any and all damages that may be made to the Client. Client agrees that all personal, and financial decisions are his/her/their own responsibility.

In no event shall the Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

14. Cancellation of Services by Company
In the event Coach determines, in their sole discretion, that they cannot or will not perform their obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give notice to Client;
Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

15. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.

16. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

17. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Renton, WA. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement, should it become necessary.

18. Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Renton, WA. another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

19. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

20. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or Client without written consent of all Parties.







Signatures
Each Party has read, understands, and agrees to the terms and conditions of this Agreement.