BACKGROUND:
A. The Client is aware that the Consultant is not a Registered Dietitian, therefore The Consultant is not diagnosing medical conditions, the Consultant is not prescribing diets to treat symptoms of medical and clinical conditions, nor is the Consultant prescribing diets or supplements to treat medical and clinical conditions. The Consultant is encouraging Client to eat lean protein, fruits and vegetables, educating the Client about the benefits of protein,
fats, carbs, and micronutrients. The Consultant is demonstrating meal prep skills and meal option ideas,
educating the Client on evidence-based nutritional supplements that may have a positive impact on their lifestyle, educating the Client on good nutrition, educating the Client on ideas about how they can improve their eating habits, educating the Client on the benefits of water. The Consultant is not telling the Client that they must do anything to solve any problem. The Consultant is sharing evidence that may benefit the Client, but is not telling the Client that they should do anything. The Consultant is not forcing or telling the Client to do anything, but is simply educating, sharing ideas, and sharing evidence.
B. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set
out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this
Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant
(individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
1. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services
(the "Services"):
● Providing macro coaching, fitness and/or workout advice.
● Providing courses, documents, or other programs offered.
Term of Agreement.
2. The term of this Agreement (the "Term") will begin at the designated start date decided on between the Client and
the Consultant and will remain in full force and effect for the designated program timeline, if a timeline is
applicable. The Term of this Agreement may be extended with the written consent of the Parties. The Consultant
reserves the right to refuse service to anyone for any reason at any time, regardless of the designated timeline.
3. A breach or violation of any of the Terms & Conditions will result in an immediate termination of working together.
4. The Consultant reserves the right to refuse service to anyone for any reason at any time.
5. The Client agrees not to reproduce, duplicate, copy, sell, or exploit any portion of the Consultant’s Services, use
of the Consultant’s Services, or access to the Consultant’s Services or any contact on any of the programs or
services provided.
6. The Client agrees that the Client is in control of their own safety while performing any exercises in any programs
and macro plans shared by the Consultant.
CSchmidt Fitness
7. The Client agrees that no matter where they are completing any fitness or macro suggestions, the Client will use
any and every safety precaution. The Consultant is not liable for any misuse or harm or injury due to the Client
not following safe procedures.
8. The Client is aware that no results are guaranteed.
9. The Client is aware that if they want weight loss, they may need to start with a reverse diet first in order to properly
do a weight loss phase without compensating a lower calorie deficit and nutrients.
10. The Client agrees that they are in good standing and do not have any physical or mental health problems. If the
Client does have health problems, they have talked to their doctor about working with the Consultant and the
goals that they are planning on accomplishing. The doctor has agreed that the Client is in good standing to work
with the Consultant. The doctor has agreed that the Consultant is only making suggestions and sharing evidence
that may be of use of the Consultant. The Client understands that the Consultant is not asking them to make any
changes, but educating them on nutrition and fitness. The Client understands that any medications that they are
on may influence any outcome of this program. The Client understands that any hormonal imbalances they
already have or gain are not and will not be due to this program and may influence any outcome of this program.
11. The Consultant is not responsible if information made available is not accurate, complete, or current.
12. The Client understands that if they make a chargeback to The Consultant and CSchmidt Fitness, The Client will
be responsible for any and all fees related to recovering payments. The Client understands that if they make a
chargeback to The Consultant and CSchmidt Fitness, The Client will be responsible for any and all collection
fees, attorneys’ fees, and any and all extra fees that may be associated with the chargeback.
13. The Consultant has the right to revoke access to any or all of the programs, coaching, course materials, or
resources that are provided for any reason, at any time.
Performance
14. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
15. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD
(US Dollars).
Compensation
16. The Client will pay the Consultant the full amount, including any interest added, for the Consultant’s Services.
17. The Client will be fully invested in the program. To help The Client do so, there are no refunds for any reason.
The Client fully understands that The Client is responsible for every payment, including interest. The client will be
fully participating and invested. There are zero exceptions. The Consultant has full right to take legal action to
collect payment.
18. The Client will pay a $150 late fee after 5 days for any and every payment, including payment plans, that are not
received on time.
CSchmidt Fitness
Confidentiality
19. Confidential information (the "Confidential Information") refers to any data or information relating to the business
of the Consultant which would reasonably be considered to be proprietary to the Consultant including, but not
limited to, accounting records, business processes, any and all CSchmidt Fitness programs and course materials,
and client records and that is not generally known in the industry of the Consultant and where the release of that
Confidential Information could reasonably be expected to cause harm to the Consultant.
20. The Client will not share Confidential Information through verbal or written communication and social media of
any sort. The Client will not disclose the Confidential Information obtained from the Consultant.
21. All written and oral information and material disclosed or provided by the Consultant to the Client under this
Agreement is Confidential Information regardless of whether it was provided before or after the date of this
Agreement or how it was provided to the Consultant.
Personal Responsibility & Assumption of Risk
22. The Client acknowledges that they take full responsibility for themself and all decisions made before, during and
after your Program. The Client accepts full responsibility for their choices, actions and results before, during and
after this Program, and they knowingly assume all of the risks of the Program related to their use, misuse, or non-
use of the Program or any of the Program materials. The Client understands and agrees that they are solely
responsible for their results. The Client understands and agrees that the Consultant is only suggesting, sharing,
and educating evidence and ideas
Ownership of Intellectual Property
23. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant
registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial
design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a
"work made for hire" and will be the sole property of the Consultant. The use of the Intellectual Property by the
Consultant will not be restricted in any manner.
24. The Client may not use the Intellectual Property for any purpose other than that contracted for in this Agreement
except with the written consent of the Consultant. The Client will be responsible for any and all damages resulting
from the unauthorized use of the Intellectual Property.
Capacity/Independent Contractor
25. In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an
independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement
does not create a partnership or joint venture between them, and is exclusively a contract for service.
Indemnification
26. To the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and
its respective affiliates, officers, agents, employees, family or friends, and permitted successors and assigns
against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal
fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the
indemnifying party, its respective affiliates, officers, agents, employees, family or friends, and permitted
successors and assigns that occurs in connection with this Agreement. This indemnification will survive the
termination of this Agreement.
CSchmidt Fitness
Disclaimer
27. The Consultant has used care in preparing the shared evidence and education tools provided to the Client, but this
Program and Program materials are being provided as self-help tools for the Clients 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. The Client and the Consultant agree that the Consultant is
not responsible for the Clients physical, mental, emotional and spiritual health, for the Clients financial earnings or
losses, or for any other result or outcome that the Client may experience through this Program. Nothing related to
this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way.
For specific questions related to a medical or mental health situation, consult the Clients own medical or mental
health professional. For specific questions related to the Clients financial, legal or tax situation, consult the Clients
own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith,
consult the Clients own clergy member or spiritual healer. Do not start or stop taking any medications because of
anything that has been read or received through this Program. Any recommendation of any supplements or other
products, etc. is simply offered for educational purposes, and the Client needs to check with their own medical
professional before using any of these products on, in or near their body in any way. By making the Clients
Program payment, they agree that they are also consenting to the full Disclaimer.
Limitation of Liability, Indemnification, and Release of Claims
28. The Consultant will not be held responsible in any way for the information that the Client request or receive
through this Program, including the Consultants services, products, and Program materials and any other
information the Client received from or through the Consultant related to this Program. The Client agrees that they
fully and completely hold harmless, indemnify and release the Consultant and any individual in contact of the
Consultant from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and
demands whatsoever, in law or equity, that they ever had, now have or may have against the Consultant 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.
Assignment
29. The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this
Agreement without the prior written consent of the Client.
Entire Agreement
30. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement
except as expressly provided in this Agreement.
Titles/Headings
31. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this
Agreement.
Gender
32. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the
feminine and vice versa.
Governing Law
33. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.
CSchmidt Fitness
Dispute Resolution:
34. Should the Consultant and the Client ever have any differences, it is hoped that they can work them out amiably
through e-mail correspondence. However, if they are unable to seek resolution in 14 days, the Consultant and the
Client 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 them, unless they both agree otherwise in writing. No actions or
financial awards of consequential damages, or any other type of damages, may be granted to the Client. The
Client and the Consultant 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. The Client also agrees that should
arbitration take place, it will be held in the State of Georgia, 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:
35. If there is a dispute between the Client and the Consultant, the Client agrees to not publicly or privately make any
negative or critical comments about the Program, the Consultants business or the Consultant, or to communicate
with any other individual, company or entity in a way that disparages the Program or harms the Consultants
reputation in any way, including on social media. In arbitration or when required by law, of course, the Client is not
prohibited from publicly sharing their thoughts and opinions to only those requiring it by law.
Severability
36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in
part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable
parts severed from the remainder of this Agreement.
Waiver
37. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by
the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Business Hours
38. Business hours are to be respected. The Consultant can be contacted outside of business hours by the Client,
but it is understood that The Consultant has business hours of 10 AM Eastern Time Zone in the United States of
America to 5 PM Eastern Time Zone in the United States of America Monday-Friday. If the Consultant is traveling
in another time zone, the business hours will remain 10AM until 5PM of that time zone unless The Consultant
specifies any further changes.
By completing your purchase product or coaching, you are acknowledging that you have read, understand, agree to
and accept all of the terms in this Agreement. You agree that you have had the opportunity to ask me any questions
prior to accepting this agreement, and that you are in agreement with all of the terms of this Agreement.
BACKGROUND:
A. The Client is aware that the Consultant is not a Registered Dietitian, therefore The Consultant is not diagnosing medical conditions, the Consultant is not prescribing diets to treat symptoms of medical and clinical conditions, nor is the Consultant prescribing diets or supplements to treat medical and clinical conditions. The Consultant is encouraging Client to eat lean protein, fruits and vegetables, educating the Client about the benefits of protein,
fats, carbs, and micronutrients. The Consultant is demonstrating meal prep skills and meal option ideas,
educating the Client on evidence-based nutritional supplements that may have a positive impact on their lifestyle, educating the Client on good nutrition, educating the Client on ideas about how they can improve their eating habits, educating the Client on the benefits of water. The Consultant is not telling the Client that they must do anything to solve any problem. The Consultant is sharing evidence that may benefit the Client, but is not telling the Client that they should do anything. The Consultant is not forcing or telling the Client to do anything, but is simply educating, sharing ideas, and sharing evidence.
B. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set
out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this
Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant
(individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
1. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services
(the "Services"):
● Providing macro coaching, fitness and/or workout advice.
● Providing courses, documents, or other programs offered.
Term of Agreement.
2. The term of this Agreement (the "Term") will begin at the designated start date decided on between the Client and
the Consultant and will remain in full force and effect for the designated program timeline, if a timeline is
applicable. The Term of this Agreement may be extended with the written consent of the Parties. The Consultant
reserves the right to refuse service to anyone for any reason at any time, regardless of the designated timeline.
3. A breach or violation of any of the Terms & Conditions will result in an immediate termination of working together.
4. The Consultant reserves the right to refuse service to anyone for any reason at any time.
5. The Client agrees not to reproduce, duplicate, copy, sell, or exploit any portion of the Consultant’s Services, use
of the Consultant’s Services, or access to the Consultant’s Services or any contact on any of the programs or
services provided.
6. The Client agrees that the Client is in control of their own safety while performing any exercises in any programs
and macro plans shared by the Consultant.
CSchmidt Fitness
7. The Client agrees that no matter where they are completing any fitness or macro suggestions, the Client will use
any and every safety precaution. The Consultant is not liable for any misuse or harm or injury due to the Client
not following safe procedures.
8. The Client is aware that no results are guaranteed.
9. The Client is aware that if they want weight loss, they may need to start with a reverse diet first in order to properly
do a weight loss phase without compensating a lower calorie deficit and nutrients.
10. The Client agrees that they are in good standing and do not have any physical or mental health problems. If the
Client does have health problems, they have talked to their doctor about working with the Consultant and the
goals that they are planning on accomplishing. The doctor has agreed that the Client is in good standing to work
with the Consultant. The doctor has agreed that the Consultant is only making suggestions and sharing evidence
that may be of use of the Consultant. The Client understands that the Consultant is not asking them to make any
changes, but educating them on nutrition and fitness. The Client understands that any medications that they are
on may influence any outcome of this program. The Client understands that any hormonal imbalances they
already have or gain are not and will not be due to this program and may influence any outcome of this program.
11. The Consultant is not responsible if information made available is not accurate, complete, or current.
12. The Client understands that if they make a chargeback to The Consultant and CSchmidt Fitness, The Client will
be responsible for any and all fees related to recovering payments. The Client understands that if they make a
chargeback to The Consultant and CSchmidt Fitness, The Client will be responsible for any and all collection
fees, attorneys’ fees, and any and all extra fees that may be associated with the chargeback.
13. The Consultant has the right to revoke access to any or all of the programs, coaching, course materials, or
resources that are provided for any reason, at any time.
Performance
14. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
15. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD
(US Dollars).
Compensation
16. The Client will pay the Consultant the full amount, including any interest added, for the Consultant’s Services.
17. The Client will be fully invested in the program. To help The Client do so, there are no refunds for any reason.
The Client fully understands that The Client is responsible for every payment, including interest. The client will be
fully participating and invested. There are zero exceptions. The Consultant has full right to take legal action to
collect payment.
18. The Client will pay a $150 late fee after 5 days for any and every payment, including payment plans, that are not
received on time.
CSchmidt Fitness
Confidentiality
19. Confidential information (the "Confidential Information") refers to any data or information relating to the business
of the Consultant which would reasonably be considered to be proprietary to the Consultant including, but not
limited to, accounting records, business processes, any and all CSchmidt Fitness programs and course materials,
and client records and that is not generally known in the industry of the Consultant and where the release of that
Confidential Information could reasonably be expected to cause harm to the Consultant.
20. The Client will not share Confidential Information through verbal or written communication and social media of
any sort. The Client will not disclose the Confidential Information obtained from the Consultant.
21. All written and oral information and material disclosed or provided by the Consultant to the Client under this
Agreement is Confidential Information regardless of whether it was provided before or after the date of this
Agreement or how it was provided to the Consultant.
Personal Responsibility & Assumption of Risk
22. The Client acknowledges that they take full responsibility for themself and all decisions made before, during and
after your Program. The Client accepts full responsibility for their choices, actions and results before, during and
after this Program, and they knowingly assume all of the risks of the Program related to their use, misuse, or non-
use of the Program or any of the Program materials. The Client understands and agrees that they are solely
responsible for their results. The Client understands and agrees that the Consultant is only suggesting, sharing,
and educating evidence and ideas
Ownership of Intellectual Property
23. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant
registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial
design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a
"work made for hire" and will be the sole property of the Consultant. The use of the Intellectual Property by the
Consultant will not be restricted in any manner.
24. The Client may not use the Intellectual Property for any purpose other than that contracted for in this Agreement
except with the written consent of the Consultant. The Client will be responsible for any and all damages resulting
from the unauthorized use of the Intellectual Property.
Capacity/Independent Contractor
25. In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an
independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement
does not create a partnership or joint venture between them, and is exclusively a contract for service.
Indemnification
26. To the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and
its respective affiliates, officers, agents, employees, family or friends, and permitted successors and assigns
against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal
fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the
indemnifying party, its respective affiliates, officers, agents, employees, family or friends, and permitted
successors and assigns that occurs in connection with this Agreement. This indemnification will survive the
termination of this Agreement.
CSchmidt Fitness
Disclaimer
27. The Consultant has used care in preparing the shared evidence and education tools provided to the Client, but this
Program and Program materials are being provided as self-help tools for the Clients 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. The Client and the Consultant agree that the Consultant is
not responsible for the Clients physical, mental, emotional and spiritual health, for the Clients financial earnings or
losses, or for any other result or outcome that the Client may experience through this Program. Nothing related to
this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way.
For specific questions related to a medical or mental health situation, consult the Clients own medical or mental
health professional. For specific questions related to the Clients financial, legal or tax situation, consult the Clients
own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith,
consult the Clients own clergy member or spiritual healer. Do not start or stop taking any medications because of
anything that has been read or received through this Program. Any recommendation of any supplements or other
products, etc. is simply offered for educational purposes, and the Client needs to check with their own medical
professional before using any of these products on, in or near their body in any way. By making the Clients
Program payment, they agree that they are also consenting to the full Disclaimer.
Limitation of Liability, Indemnification, and Release of Claims
28. The Consultant will not be held responsible in any way for the information that the Client request or receive
through this Program, including the Consultants services, products, and Program materials and any other
information the Client received from or through the Consultant related to this Program. The Client agrees that they
fully and completely hold harmless, indemnify and release the Consultant and any individual in contact of the
Consultant from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and
demands whatsoever, in law or equity, that they ever had, now have or may have against the Consultant 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.
Assignment
29. The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this
Agreement without the prior written consent of the Client.
Entire Agreement
30. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement
except as expressly provided in this Agreement.
Titles/Headings
31. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this
Agreement.
Gender
32. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the
feminine and vice versa.
Governing Law
33. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.
CSchmidt Fitness
Dispute Resolution:
34. Should the Consultant and the Client ever have any differences, it is hoped that they can work them out amiably
through e-mail correspondence. However, if they are unable to seek resolution in 14 days, the Consultant and the
Client 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 them, unless they both agree otherwise in writing. No actions or
financial awards of consequential damages, or any other type of damages, may be granted to the Client. The
Client and the Consultant 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. The Client also agrees that should
arbitration take place, it will be held in the State of Georgia, 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:
35. If there is a dispute between the Client and the Consultant, the Client agrees to not publicly or privately make any
negative or critical comments about the Program, the Consultants business or the Consultant, or to communicate
with any other individual, company or entity in a way that disparages the Program or harms the Consultants
reputation in any way, including on social media. In arbitration or when required by law, of course, the Client is not
prohibited from publicly sharing their thoughts and opinions to only those requiring it by law.
Severability
36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in
part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable
parts severed from the remainder of this Agreement.
Waiver
37. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by
the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Business Hours
38. Business hours are to be respected. The Consultant can be contacted outside of business hours by the Client,
but it is understood that The Consultant has business hours of 10 AM Eastern Time Zone in the United States of
America to 5 PM Eastern Time Zone in the United States of America Monday-Friday. If the Consultant is traveling
in another time zone, the business hours will remain 10AM until 5PM of that time zone unless The Consultant
specifies any further changes.
By completing your purchase product or coaching, you are acknowledging that you have read, understand, agree to
and accept all of the terms in this Agreement. You agree that you have had the opportunity to ask me any questions
prior to accepting this agreement, and that you are in agreement with all of the terms of this Agreement.
