TERMS AND CONDITIONS

 

NISHFIT CLIENT AGREEMENT

Welcome to training with NishFit – I look forward to working with you!

Please read this Agreement carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are, and how our communication will take place so that our time will be positive, productive, and comfortable.

This Agreement is being made between “me” Nisha Shah of NishFit and “you”, the Client.

We both legally agree to the following:

Coaching Relationship

Our coaching relationship is a partnership. During our coaching partnership my sole focus is to empower you to attain the results you desire. In exchange, you agreeto do your part by following through on the commitments you make. You understand that you are responsible for making your own decisions and creating your own results. While I may give you specific tools and suggestions, you agree that it is ultimately your own and sole responsibility to make your own decisions and determine the best course of action for your health or fitness, and you are fully responsible for the results you achieve.

We each agree to the following responsibilities and expectations:

CLIENT’S RESPONSIBILITIES & EXPECTATIONS

One on one sessions

  • Complete the Client Intake Form and email it back to me for review 24 hours in advance of initial session.

  • Be on time for all your session.

  • Turn off all distractions during all sessions.

  • Follow up on agreed-upon action steps in-between sessions.

  • Give your best efforts and understand that there may be highs and lows or feelings of resistance and blocks that may arise during the sessions.

  • Let me know promptly if you have any questions or concerns and not air any concerns or grievances to anyone within or outside of the Program.

  • Ask any questions you may have as they arise.

  • Know that your personal training sessions will not be used to discuss lengthy issues as they take away time from your training.

Packages and specific inclusions:

As outlined in the program description.

SCHEDULING SESSIONS

Scheduling

All personal training and coaching sessions must be held during the time allocated and must be requested by you or they will be forfeited. I will not be following up on the personal training or coaching sessions that are to be booked. You may schedule your personal training and/or coaching sessions by text, in person or over the phone. You can book your sessions well in advance or as needed.

Rescheduling

If you need to reschedule a personal training or coaching session, you need to do so at least 24 hours in advance. Rescheduling less than 24 hours in advance is only acceptable under unforeseen circumstances and illness by emailing me directly to nishashah@nishfit.com. If you forget the session altogether, the personal training or coaching session will be considered missed and you may not make up the missed session. If I am unavailable due to unforeseen circumstances, the session will be rescheduled.

INVESTMENT

You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way. You understand and agree that by enrolling in this Program, you are committing to make the following payments and pay the total investment amount. The Program investment includes taxes.

NishFit's Diabetes Transformation Program

59AUD on enrollment and every week after that till end of program.

NishFit's Nutrition Plans

99AUD one off payment. $39 program review and recommendations.

Payment Authorisation and Receipt

If paying by credit card, you give us permission to automatically charge your credit card as payment for your Program without any additional authorisation, and you will receive an electronic receipt.

Missed Payment

If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by email and then have a two-day period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within the seven-day period, the Program will automatically be terminated.

Refund Policy

It is my intention for you to be happy with your Program. However, because I have invested considerable time and effort in your Program and this is a commitment that you are making in the Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and no refunds will be provided.

CONFIDENTIALITY

One-on-one Coaching Sessions & Coaching Relationship

Confidentiality is important tome. I recognise that during our one-on-one coaching sessions, you may disclose future plans, business affairs, personal and financial information, or other information and I agree that I will not at any time directly or indirectly, use anysuch information for my own benefit or share this information with any third party outside of our sessions, unless: (1) they have a legitimate reason to know such information as a member of my team, (2) when required by law, or (3) you have given me prior written permission. In addition, I will not divulgethat we are in a coaching relationship to anyone outside of the Program with the exception of the aforementioned, without your express consent. You, of course, are free to discuss our coaching relationship with anyone else at any time.

INTELLECTUAL PROPERTY RIGHTS

You agree that I retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorised to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns your money, without my prior written permission.

PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS

Personal Responsibility & Assumption of Risk

You acknowledge that you take full responsibility for yourself and all decisions made before, during and after the Program. You accept full responsibility for your choices, actions and results before, during and after this Program, and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.

Disclaimer

I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, or religious advice in any way. For specific questions related to a medical or mental health situation, please consult your own medical or mental health professional. For specific questions related to religion, spirituality, or faith, please consult your own clergy member or spiritual healer.

Health Disclaimer

You understand that there is no guarantee to what level you will reach and that this Program is not a get fit quick scheme. Your level of success is dependent on a number of factors including your commitment, ability, dedication, communication, and engagement. Because these factors vary according to each individual, I cannot and do not guarantee your level of success or fitness level.

Limitation of Liability, Indemnification, and Release of Claims

While I take carein creating this Program experience for you, you agree that I will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law.

OTHER IMPORTANT TERMS

Term

The term of this Agreement begins when the payment is processed and ends on the end date of the enrolled Program or at the end of the payment plan, whichever is later.

Termination

If any one of us wants to terminate the Agreement at any time, we both agree to notify the other at least three days in advance by email. If I opt to terminate the Agreement for any reason, you will receive a refund pro rata, based on my discretion. If you chooses to terminate the Agreement, no refund will be provided. Even after termination by either party, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.

Notice

All correspondence or notice required regarding the Program shall be made to me by email at nishashah@nishfit.com and to you at the email address you provided during your enrollment in the Program. Should your email address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within three days of any change.

ENTIRE AGREEMENT, ASSIGNMENT, SURVIVABILITY AND WAIVER

This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.

Governing Law

This Agreement shall be construed according to the laws of the state of Queensland and the country of Australia.

Dispute Resolution

Should we ever have any differences; it is hoped that we could work them out amicably through email correspondence. However, if we are unable to seek resolution in 14 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us in accordance with Australian law, unless we both agree otherwise in writing.

You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you, unless otherwise provided by law. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the in the state of Queensland in Australia where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

Non-Disparagement

If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

We both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior making the payment and ticking the box on the payment page indicates that you are in agreement with all of the terms of this Agreement.