Private Clients Coaching Agreement


Definitions

I) "Agreement" is a reference to these Terms and Conditions.
II) "90- Day Momentum", "The Momentum Programme", "The Programme", "our Services" means the Membership Services we provide to you.
III) "Customer", "you", "your" and "yours" means you, the person using our Services.
IV) "The Start Date" is the date on which you make the first payment for our Services or the date of signing this Agreement (whichever is the sooner).
V) "The Company" is Fitness Marketing Agency

1.Copyright & Restrictions

1.1 All information, literature, handouts, strategies, calculations, products and materials pertaining to Fitness Marketing Agency (The 90 Day Momentum Programme) remain the Sole Property of Fitness Marketing Agency and must not be duplicated or transmitted in any way.
1.2 As part of the 90-Day Momentum Programme you will benefit from any online assets built on your behalf whilst remaining a current paying member in good standing. Should you choose to leave the Programme or default on payments, you forfeit any access to, or benefit from, those assets or any of our intellectual property. No material can be reproduced or reused without permission of Fitness Marketing Agency. Failure to comply will lead to the appropriate legal action being taken.
1.3 Giving anyone access to the FMA membership site outside of your business is forbidden. Everything inside the FMA Membership site is tracked and we can identify IP addresses. You may provide a member of your staff access by giving them your log in details. If a member of staff leaves please your company, you are responsible for changing the log in details for your account.
1.4 Unauthorised use, reproduction or proprietary of intellectual property materials will result in legal action.

2. Momentum Programme Participation 

2.1 The Start date and access of your 90-Day Momentum Programme starts on the day of purchase, unless agreed by a sales representative within your sales call prior to joining up. You’ll have full access to the Momentum Programme for the next 90 days. At the end of the 90 days, or before (depending on how fast you want to scale your business) if you’re a good fit you’ll be invited to join our higher-level Programme, UpLevel.
2.2  Your participation in the 90 Day Momentum Programme includes access to our Customer Relationship Management (CRM) System called ‘The Closer System’ this is where all of the leads generated will go for safe storage and for you to manage. The Closer System is free for all paying FMA members, if you leave FMA you will have the option to continue using this as a stand-alone product billed at $100 a month.
2.3 You are fully aware that this Programme constitutes ‘Information Only’ and does not constitute financial recommendations or advice. The 90-Day Momentum Programme instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the 90-Day Momentum Programme instructors is not intended as such. You should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals.
2.4 You are fully responsible for ‘doing the work.’ You are not hiring us as a staff member or consultant, and we are not responsible for any work product or results for you personally or your business.
2.5 Your 90-Day Momentum campaign will only include the marketing for the product discussed on your sales call.
2.6 For a physical brick-and-mortar facility/outdoor bootcamp (or similar) your 90-Day Momentum Programme is for one site/location only. If you wish to add an additional site/location to your Programme, there will be an additional cost. Any additional sites/locations will need to be checked prior to work commencing to ensure there is no conflict with any existing FMA clients. It is not guaranteed that we can provide the marketing for additional sites/locations.
2.7 For an Online coach, you will be provided with a specific location to target, your targeting will not be changed from this location and we will not be able to provide you with a blanket target audience. For example, you would not be able to target a whole County/State or Country. If at a later date you wish to add a physical facility to your marketing, there will be an additional charge for this if we are able to provide marketing in this location.
2.8 If you have a physical ‘bricks and mortar’ location and wish to add Online Coaching as a product to your marketing there will be an additional cost to do this if the location you wish to advertise in is available. See point 2.7

3. Payment Plan Conditions

3.1 If you are on a payment plan, it is an automated process and payment will be collected on the same date each month. If we are unable to collect payment on this date, we will attempt to collect payment over 3 consecutive days.
3.2 If your account has outstanding payments beyond 10 days, access to the Programme & attendance to the Programme's events, live and online, will be suspended until the account is brought up to date.
3.3 If your account has an outstanding balance, we will contact you in order to bring your payments up to date. If you fail to settle your outstanding balance then further action will be taken which may include but is not limited to taking legal action or passing your debt onto a debt collection agency.
3.4 If payment is more than 21 days in arrears, we reserve the right to terminate this Agreement immediately as per Clause 6.5

4. Privacy 

4.1 We are committed to providing all 90-Day Momentum Programme participants with a positive experience. We respect your privacy and must insist that you respect the privacy of fellow 90-Day Momentum Programme participants and instructors.

5. Term

5.1 The term of this agreement, Terms and Conditions, and your participation in the Programme is for 90 days. You will be provided 90 days maximum access to the Programme and its material.
5.2 Your 90-Day Momentum Programme will start on the date of purchase unless agreed prior to payment and will run for 90 days only.
5.3 The Company shall maintain a 90-Day Momentum Programme membership area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership area for the duration of your 90-Day Programme. Once your Programme ends your access to the site will end.
5.4 Your 90-Day Momentum Programme time will also include the time taken for you to be onboarded, for us to receive all relevant assets and to build your campaign and funnels. No additional time will be added to your 90-Day Momentum Programme for any of these steps.

6. Cancellation & Termination

6.1 You are welcome to end your 90-Day Momentum Programme at any time should you wish to, however, you will still be liable for the full investment. Any monies paid will be retained by Fitness Marketing Agency and you will still be obliged to honour all payments in your agreed Membership plan.
6.2 Fitness Marketing Agency has a strict no-refund policy.
6.3 If you wish to cancel your Programme please email: team@fitnessmarketing.agency
6.4 If payments are not made as per our Payment Conditions, we reserve the right to terminate this Agreement and upon such termination, the full amount outstanding for the period becomes immediately due.
6.5 We may terminate your 90-Day Momentum Programme Membership at any time, for any reason by providing written notice to you. In the event that we cancel your Membership, all payments made will be retained by Fitness Marketing Agency and you will be required to pay any outstanding balance.
6.6 If for any reason your business is to stop trading, change names or ownership then you, as named below will remain liable for any outstanding payments due.
6.7 By subscribing to our 90-Day Momentum Programme, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in the Programme without refund or forgiveness of payments. You will be removed from the Programme, if you become aggressive, disruptive or difficult to work with, you fail to follow the 90-Day Momentum Programme guidelines and Coaching Agreement, or you impair the participation of 90-Day Momentum Programme instructors or participants in the Programme.

7. Non Compete & Solicitation

7.1 During the term of this Agreement and for a period of twenty-four (24) months following your exit from this agreement with the Company or any of its subsidiaries or affiliates (the “Restricted Period”), you shall not, directly or indirectly, have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s Business.
7.2 Non-solicitation. During the term of your Agreement, and for a period of twenty-four (24) months immediately thereafter, you agree not to solicit any employee of the Company on behalf of any other business enterprise, nor shall you induce any employee of the Company to terminate or breach an employment, or contractual agreement with the Company.
7.3 Soliciting Customers After Termination of Agreement. For a period of twenty-four (24) months following the termination of your Agreement and your relationship with the Company. You shall not, directly or indirectly, call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company.
7.4 You are not to promote any business or affiliated business of yours to the clients of the Company unless there is a prior agreement with the Company to do so.
7.5 Any breach of these conditions listed will result in the Company pursuing damages as compensation for any losses suffered directly or indirectly.

8. Disclaimer

8.1 Every effort has been made to accurately represent the 90-Day Momentum Programme. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Programme, the ideas and techniques mentioned, your finances, your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
8.2 There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme”.

 

I, the undersigned, have read and agree to the above Terms and Conditions for participation in Fitness Marketing Agency 90-Day Momentum Programme.

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Signed by Ben Davis
Signed On: November 7, 2023


Signature Certificate
Document name: Private Clients Coaching Agreement
lock iconUnique Document ID: b16694ecb57a8f7f5d9caacc1f144cd8fb81c59a
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November 7, 2023 1:45 pm BSTPrivate Clients Coaching Agreement Uploaded by Ben Davis - support@fitnessmarketing.agency IP 95.111.41.159