You agree that if you engage in any physical exercise or activity while participating in programs, classes, sessions, or using the facilities, or any club amenity at the premises or off premises including any event sponsored by traceybars LLC d.b.a. Moxie Boutique Fitness Studio (“The Studio”) you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. With the understanding stated above, you agree to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Client's participation in services and any related activities, iincluding but not liited to riding in cars with Company employees, contractors, or subcontractors.

The Studio, its owners, agents, employees and representatives from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against The Studio personal or property damage, injuries or death resulting from or relating to the use of the facilities, including but not limited to the participation in classes or training sessions, any sudden and unforeseen malfunctioning of any equipment, our instruction, training, dietary recommendations or your slipping and/or falling while on The Studio premises. Because physical exercise can be strenuous and subject to risk of serious injury, The Studio urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You represent that you are in good health and do not suffer from any infirmity, disease, impairment or physical condition that would prevent you from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. You represent to The Studio that you have the permission and approval of your physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment. You also agree that if you have knowledge of a physical condition or injury that may be exacerbated or result in further harm to you if you participate in sessions or classes, you will fully disclose such condition or injury to Studio personnel and refrain from participating in classes or session until and unless such condition or injury is healed or corrected. Any changes you make in diet, including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing same.

DISCLAIMER
You (sometimes referred to herein as “Client”) understand that the information received from me (sometimes referred to herein as “Coach”) in connection with the Program or otherwise should not be seen as medical, nursing or nutrition advice and is certainly not meant to take the place of your seeing licensed health professionals, including your doctor.

You understand and agree that (i) I am not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body, (ii) I am not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered professional, and (iii) you have chosen to work with me and participate in the Program voluntarily.

As your Coach, I encourage you to maintain a relationship with your primary care physician or doctor. In the event that you do not have one and/or do not have routine physicals, I encourage you to do so. Do not discontinue or change any treatment plan that you may be on because of our sessions without discussing the change with your doctor.

RELEASE & REASONABLE EXPECTATIONS
You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program. In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge me, my heirs, executors, administrators, assigns, officers, agents, employees, representatives, executors and all others acting on their behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Program or in connection with services provided by me or the Released Parties.

Client has spent a satisfactory amount of time reviewing the Company's business and has a reasonable expectation that Company's course program will produce different outcomes and results for each Client. Client understands and agrees that:

Every client and final result is different.

Lifestyle coaching and / or consulting is a subjective service.

Dissatisfaction with company's independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

REFUNDS

You understand ther are no refunds and agree to the terms and conditions.

FEE AND PAYMENT SCHEDULE

Upon execution of this Agreement, Client agrees to pay to the Company the full purchase anount or the first payment of the payment plan. Access will be granted upon receipt of payment. Client's purchase and access constitutes your Agreement to all of the terms and conditions herein. No refunds.

CONFIDENTIALITY

Client understands that certain information of a confidential nature may be disclosed by the Company, to include personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Client will not intentionaly disclose this confidential information to any third party or use the confidential information for his / her own benefit without specific approval by Company.

NO GUARANTEES

Company does not make any guarantees as to the results, including health claims, weight loss, or elimination of symptoms of any services or information provided during the program. Company agrees to provide the services listed in this Agreement listed above. Client agrees to take responsibility for Client's own results.

COMMUNICATION

All questions, concerns, feedback and program related questions shall be directed towards tracey@moxiecoaching.net and will be answered by Company during its business days Monday thru Friday, 9am-4pm, EST. Company typically replies to emails within 48 business hours.

LEGAL ITEMS
This Agreement may not be modified without the prior written consent of Client and Coach. The waiver by either party of a breach, right or obligation shall not constitute a waiver of any other or subsequent breach, right or obligation. If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.

This Agreement sets forth the entire agreement between the parties and supersedes all prior proposals, agreements and representations between the parties, whether written or oral, regarding the subject matter herein. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. Except as provided to the contrary herein, those provisions of the Agreement that by their nature and context are intended to survive the termination of this Agreement, shall survive any termination of this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the (state in which the Coach resides) without reference to its conflict of law provisions, and with the same force and effect as if fully executed and performed therein. Each Party hereby consents to the exclusive personal jurisdiction of the State and Federal Courts (where the Coach resides) and acknowledges that venue is proper only in such courts.

If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, you acknowledge that: (1) you have received a copy of this letter agreement; (2) you have had an opportunity to discuss the contents with me and, if you desire, to have it reviewed by your attorney; and (3) you understand, accept and agree to abide by the terms hereof.

IN WITNESS WHEREOF, Client and Coach agree to the terms and conditions set forth in and have duly executed this agreement. By checking the box below, you acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability and cannot be modified orally. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against The Studio for negligence, or any other personal injury or property damage or loss action.The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership with traceybars LLC d.b.a. Moxie Boutique Fitness Studio.