Private Coaching Agreement

Danielle Enos, Dani Winks Flexibility LLC

The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or coaching services by DANIELLE ENOS (“Coach”), acting on behalf of DANI WINKS FLEXIBILITY LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. TERMS.  

1. During the terms of this Agreement, the Coach agrees to provide consultations in accordance with the specific services set forth in the Private Coaching Package as outlined in Attachment A.

2. The services to be provided by the Coach to the Client are coaching as designed jointly with the client.  Flexibility coaching, which is not health advice, medical advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life, health, or profession.

3. Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician. If Client is presently under any form of psychiatric care or specialized medical supervision, Client is to inform Coach prior to working together.

4. Coach and Client agree upon the Package through which consultations, preparation, and follow-up work (if necessary) are conducted.  Dates and location are chosen collaboratively and adhered to upon signing the agreement.

5. Client agrees to cancel or reschedule a session more than 24 hours prior to scheduled session. If client does not reschedule prior to this time, that session will be forfeited.  

6. In the case of a minor Participant under the age of eighteen (18) years, You, the Client and Undersigned parent or legal guardian acknowledge that You are not only signing this Agreement on Your behalf, but that You are also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement

2. METHODOLOGY. Coach will employ a range of methodologies, including coaching or mentorship.  Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the sessions or package. 

3. PAYMENT.  

1. The Client will make payment via website or other agreed upon method as outlined in Attachment A.

2. So that Client is fully invested in this Package, no refunds will be issued. Should Client decide not to continue with this Package at any time, full payment will still be due.  Should Client not make payments, the Coach may pursue legal action.

4. DISCLAIMERS AND LIMITATION OF LIABILITY. By participating in flexibility coaching services, Client acknowledges that DANIELLE ENOS is not a medical doctor, psychologist, therapist, or registered dietician, and services do not replace the care of other professionals. Flexibility coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.  

The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided. 

Use of Program is at Client’s own risk.  Any use of videos requiring physical activity are done at Client’s discretion and Coach will not be held liable for any injury that could result from utilizing videos.

The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.

You are participating in online and/or in person coaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program.  You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person coaching, classes or services, including any personal touch provided by the instructor and/or trainer.  Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in coaching or classes.

5. ADDITIONAL TERMS.

1. The Client acknowledges that the Coach makes no guarantees as to the outcome of the health coaching or the Package. 

2. The Coach does not accept any liability for any failure to identify any medical condition or disease. 

3. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. 

7. RECORDING OF CALLS. Client acknowledges that calls will be recorded (both audio and video) for purposes of fulfilling this Agreement. 

8. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement. 

9. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. 

10. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients. 

11. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

12. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in St. Paul, Minnesota or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota within the USA, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

14. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.  

15. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.