TulaFit Client Agreement

CLIENT AGREEMENT


This Agreement is between TulaFit, LLC/ Kate Johnson (“Trainer”) and you the client , hereafter (“CLIENT"). This agreement covers services as outlined below.
Scope of Services: As described when purchased.

Responsibilities:
TulaFit, LLC/Kate Johnson
Trainer will clearly communicate and delineate the services provided. If services or client goals need to shift, it will be clearly communicated to client in writing. Trainer can be reached by email or text and will respond to requests within 48 hours.
Trainer will customize the program/sessions/experience to clients needs, abilities and desired outcome.

2. CLIENT:
Client is responsible for creating and implementing his/her own decisions, choices, actions and results. As such, Client agrees that Trainer is not responsible and will not be liable for any action or inaction on behalf of client. Trainer is not responsible for any direct or indirect result of any services provided by the Consultant.
Client is responsible for scheduling appointments and providing necessary information to trainer, this includes any relevant health, or medical information that may affect the services provided by Trainer.
Cancellation Policy: Client agrees that it is the Client's responsibility to notify the consultant 48 hours in advance of the scheduled calls/meetings. Consultant reserves the right to bill Client for any missed meetings. Consultant will attempt in good faith to reschedule the missed meeting.

Payments: Payment is due before services begin. If there are outstanding payments due services will stop while the payment is outstanding. CLIENT will be notified {via email, message, call} if there is a payment error. If CLIENT is on a payment plan, CLIENT is responsible for keeping the credit card used up to date.
{ Term: The agreement begins at the time of payment and covers the number of sessions purchased. }

Termination of Agreement: The Client shall notify TulaFit, LLC/Kate Johnson if there is need to terminate the agreement. Once work has begun client will be refunded at the discretion of TulaFit, LLC/Kate Johnson for session/program not completed. TulaFit, LLC/Kate Johnson will not surrender work that is not complete at the time of termination.}

Ownership of Materials and Copyright: All of the current and future materials, processes, data, content, programs, all other intellectual property provided to you during the course of our work together remain at all times the sole intellectual and proprietary information of TulaFit, LLC/Kate Johnson. CLIENT may not copy or replicate, share, distribute or recreate the intellectual property and processes of TulaFit, LLC/Kate Johnson. All materials received in connection with this Agreement are for CLIENTS SOLE USE.

{Third-Party Services: TulaFit, LLC/Kate Johnson may use 3rd party services to schedule clients, provide services and communications. The privacy and security of those 3rd party services is covered by the privacy policy and terms of service located on the website. There may be times that these services are unavailable, TulaFit, LLC/Kate Johnson does not assume responsibility for any unavailability of such services or any delay in services provided based on that delay. }

Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the application of it shall be instituted exclusively in the courts of the State of Colorado in each case located in Weld County, Colorado. CLIENT waives any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims: Any cause of action or claim you may have arising out of or relating to this agreement must commence within 1 year after the cause of action accrues otherwise such case of action or claim is permanently barred.

Waiver: No failure to exercise any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Severability: If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Indemnification: CLIENT agrees to indemnify, defend, and hold harmless TulaFit, LLC/Kate Johnson and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of this Service, information learned or trained on and/ or your breach of this Agreement.

I will hold harmless TulaFit, LLC/Kate Johnson its agents and assigns from any injury sustained through my use of the information in this site. Always follow the advice of your medical professional before engaging in any exercise program. By continuing to use these services, this program, website and information contained herein I am agreeing to abide by the website terms, conditions, privacy policy and this waiver. By participating I am voluntarily giving up substantial legal rights including the right to sue TulaFit, LLC/Kate Johnson.

Warranties: TulaFit, LLC/Kate Johnson does not warranty or guarantee any particular outcome, result, goals will be achieved.

ASSUMPTION OF RISK - I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES I AM ABOUT TO ENGAGE IN ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

By entering into this agreement you agree to be bound by and agree to comply with these provisions.

{IF using a digital signature service delete the signature box below}

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