Coaching Services Agreement

There are terms and conditions stated below. Please read everything carefully. By confirming you have read this agreement, you confirm that you understand and agree to all the terms and conditions of this Agreement.

After signing this Agreement, you will be provided with a copy by email to the email address you have given me stated in the coaching application form. Please retain a copy of the Agreement provided for your records.

Thank you for choosing coaching services (the “Services”) with Eternal Fitness (“ETF”). This Agreement is legally enforceable. Please read everything carefully. This contract may be subject to consumer protection legislation applicable in your province, state, or country of residence (the “Act”). Any waiver or limitation of your rights in this agreement applies only to the extent permitted by the Act. The participant is referred to as “you” or the “client” or the “participant” or the “payor” and Eternal Fitness is referred to as “me”, “us”, “we”, “ETF”, or “Eternal Fitness”.

In exchange for payment by Payor of the total amounts and on the terms set above and all other amounts and charges under this Agreement (the “Fees”), you have the right during the term of this Agreement to receive the specified services, where applicable. All services will be provided online.

Your services will be provided to you by Eternal Fitness.

By confirming you have read this agreement, you signify that you agree with the information laid out in this document in full.

ADDITIONAL TERMS

1. RELEASE: You acknowledge that there is risk associated with participating in fitness activities, exercising, and receiving nutrition advice. Your participation in the Services is completely voluntary and you acknowledge that you are assuming all risks of injury or illness to yourself or others including any medical condition. Please raise any concerns about starting an exercise, or fitness program, or receiving nutrition advice from your physician and dietician before starting coaching Services. You agree on your behalf (and on behalf of your personal representatives, heirs, estate trustees or assigns) to a) release, indemnify and discharge Eternal Fitness, together with its respective owners, officers, directors, agents, employees or independent contractors (the “Released Persons”), from any and all claims or causes of action (known or unknown) which you may have arising out of your participation in the coaching Services, including those arising out of the negligence of a Released Person, and b) to indemnify and save us harmless from any and all claims or causes of action (known or unknown) brought against me by any party arising out of your actions, including your negligence, while participating in the coaching Services. The methods employed by Eternal Fitness do not guarantee results. They are guidelines that the client must follow through on to see any type of change. The client agrees, therefore, to hold Eternal Fitness, together with its respective owners, officers, directors, agents, employees, or independent contractors (the “Released Persons”), free of any liability and responsibility for adverse reactions as a result of advice given through coaching Services.
2. YOUR RESPONSIBILITIES: By confirming you have read this Agreement you agree: a) to pay the Fes when due, irrespective of your use of the coaching Services, b) to all of the terms and conditions which are set out in this Agreement, c) to follow our use of services rules and regulations which are stated below in this Agreement, and d) to immediately notify me of address changes and any other personal information changes.
3. SERVICES PROVIDED: The type of Services provided, and the amount of your monthly payments is based on the membership type in your coaching application form. You agree that if you change your membership type, your monthly payment amounts will increase or decrease, depending on the change in membership type. If you wish to change your membership type, you must notify me at least 10 days prior to the end of the billing period you are in.
4. PRE-AUTHORIZED PAYMENT AGREEMENT: If this is a pre-authorized payment agreement, the Payor listed above (“Payor”) (“You”) agrees to pay the monthly Fees (as applicable, or on the next business day) and authorizes Eternal Fitness to present transactions for payment against Payor’s account. In consideration of Eternal Fitness acting as directed, Payor agrees that Eternal Fitness’s treatment of each payment and our rights to it shall be the same as if it were personally signed by Payor if more than once. The pre-authorized payment shall be drawn on the Payor’s account to cover all Fees, including any applicable increases. Payor may revoke this authorization at any time subject to providing ETF not less than 30 days written notice. The participant is responsible for all Fees payable after the effective date of the Payor’s revocation. The payor has certain recourse rights if any debit does not comply with this Agreement. For example, Payor has the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD (Pre-Approved Debit) Agreement. To obtain more information on your recourse rights, contact your financial institution. You agree that the first pre-authorized payment may occur less than 15 days from the start of this Agreement.
5. TERM: This Agreement commences on the date of confirmation of reading this agreement and expires on cancellation of this agreement by you or Eternal Fitness (collectively, the “Binding Period”).
6. USE OF SERVICES: (a) Your selected Services under your membership type become available to you as you make payment for them. For example, if you complete your monthly payments on time, you will receive your selected Services. (b) All services provided are for your use and only your use, Services provided by ETF are prohibited from being resold in exchange for currency or a commodity, given to anyone free of charge, or shared online for people to see.
7. DEFAULT: if you breach any terms or conditions of this Agreement, or if you do not pay an instalment on a payment date you will be in default. Your right to receive Services will be suspended immediately, and 10% of the amount you owe shall apply as a default fee. We may then, if we choose, also immediately terminate this Agreement. If we later agree to accept payment from you, you must still fulfil all your remaining responsibilities under this Agreement. We may require from you any legal and/or collection fees and charges incurred by us in collecting your overdue payments from you.
8. CANCELLATION OF THIS AGREEMENT: You are locked into this agreement for the first 30 days. After the first 30 days, if you wish to cancel this Agreement prior to the expiry of the binding period, you must finish paying all remaining fees during the current billing period you are in. For example, each billing period is one month long, and you make payments monthly for Services, so if you decide to cancel this Agreement, you must pay the remaining fees for the billing period. After all payments have been made for the billing period, you will lose access to the Services provided and this Agreement will be cancelled. Cancellation must be done in writing,  by email to the following email address: admin@eternalfitnessandnutrition.com; and the email must be received before the beginning of the following month, or you will be charged for that month’s coaching Services. If you decide to cancel Services with us, we may deny you from purchasing any future services if we believe that it’s not in our best interest to take you back as a client.
9. TERMINATION: Termination of this agreement may occur at the discretion of Eternal Fitness when an impasse is reached with the client. If the client adheres to the Coaching Success Guidelines provided with Services, and Eternal Fitness adheres to professional practices and standards, the relationship will continue. The goal is to better your fitness so all efforts will be made towards that end. Examples of terminable offences are lack of payment, lack of adherence to coaching success guidelines, and indifference on the part of the client to prescribed session action items.
10. Refunds: All Sales Are Final. Please note that all sales made through Eternal Fitness are considered final. We do not offer refunds, returns, or exchanges for any products or services purchased from us.
11. GUARANTEES:  We guarantee positive results which include strength improvement, weight loss, desired weight gain, energy increase, improved overall health and well-being, and improved mental state. To achieve the guaranteed results, we recommend that you:

• Follow the instructions in the program as provided.
• Accurately and honestly track your progress from day 1 of the program with proof of time and date for each day, in the form of scale weight, strength (1 Rep Max (1RM)), overall well-being and health, and progress pictures.

Eternal Fitness will refund payments you made in full if you provide satisfactory evidence that you did not achieve any results after following instructions in the program.

After evaluation of the proof provided by you, if there is indeed no progress you will receive a full refund within 15 days after the full evaluation of the proof provided, and your subscription will be cancelled immediately, however, in the case where there is evidence of result, progress, or improvement, you will not receive a refund, and your subscription will be cancelled at the end of the billing period.

11. CONFIDENTIALITY: Anything that is said or revealed to Eternal Fitness by the client is privileged information and will not be disclosed to any outside party. The exception is if the information revealed includes disclosure of illegal, unethical, or criminal activities.
12. PRIVACY POLICY: You acknowledge that you have read the Eternal Fitness Privacy Policy or that it has been made available to you***
13. TELECOMMUNICATIONS: From time to time Eternal Fitness may contact you directly by telephone, mobile or fax number or email address for the purpose of providing you with information and/or marketing (including telephone and email marketing and automated telephone messages) of goods, services, and special offers that may be of interest to you. By signing this Agreement, you consent to receiving such communications. You may withdraw this consent at any time by sending an email to admin@eternalfitnessandnutrition.com, explaining that you want to withdraw.
14. MINORS: If you are under the age of 18, you need a parent or guardian to accompany you and be a witness during the signing of this Agreement. This Agreement is null and void, and Service will discontinue if they have commenced, in the case you are under the age of 18 and no parent or guardian is present during the signing of this Agreement. Any services you paid for will not be refunded.
15. NO VERBAL AGREEMENTS: There are no promises, representations, understandings, or agreements between us other than those contained in the Agreement. Any changes must be in writing and signed by both you and Eternal Fitness. This Agreement is subject to acceptance by Kamsi Okoye and is null and void if not completed according to our current pricing and payment schedules. Any changes or deletions by you to any printed portion of this Agreement are null and void.
16. DISHONOURED PAYMENT CHARGE: Declined payments and any late charges will be charged to the Payor’s account. We will apply an administration fee of $25.00 or the maximum amount permitted by law, other bank charges, or expenses payable by the payor for declined payments.
17. PAYMENT OBLIGATIONS ABSOLUTE: You are obligated to pay us all Fees owing or falling due under this Agreement. We will not reduce, discount, or cancel your obligation because you do not use the coaching Services. If for any reason coaching Services are not able to be provided to you, your pre-authorized payments will be paused until coaching Services can be provided to you.
18. WARRANTY: We warrant that the services supplied under this Agreement are of a reasonably acceptable quality, but other than specific guarantees in this Agreement, we make no other warranty or guarantee regarding the services available to you under this Agreement
19. ASSIGNMENT: This Agreement is personal to you. You may not sell, assign, or transfer this Agreement, or your rights under it, to anyone else. Any attempt to sell, assign, or transfer this Agreement is null and void.
20. ASSIGNMENT BY ETERNAL FITNESS: We may assign this Agreement to another company or person at our discretion, and the term “Eternal Fitness” includes any assignee, who will have all our rights and powers under this Agreement. If any claims are brought against us under this Agreement after we have assigned it, we reserve the right to raise any defences available to us under this Agreement.
21. LIMITATION OF DAMAGES. Your entitlement to damages, costs or recovery in any claims brought under this Agreement shall not exceed amounts paid by you under this Agreement.
22. SEVERABILITY OF PROVISIONS: The provisions of this Agreement are severable. If a court decides that any provision is illegal or unenforceable, the rest of the Agreement is still enforceable. If we choose at any time not to enforce a particular provision, we will still have the right to later enforce such provision.
23. GOVERNING LAW: This Agreement is governed by the laws of the province in which Eternal Fitness is located and the laws of Canada applicable therein.

*As of the date of this agreement. Subject to change based on terms of agreement.

***A copy of the Eternal Fitness Privacy Policy is attached to this Agreement, click on “Privacy Policy“.

By confirming you have read this agreement, you signify that you agree with the information laid out in this document in full.