MD FITNESS LLC

HEALTH & FITNESS COACHING AGREEMENT

IMPORTANT – READ CAREFULLY

By enrolling in, purchasing, or accessing any services, programs, materials, or coaching provided by MD FITNESS LLC, YOU acknowledge that:

A. You have read this Agreement
B. You understand this Agreement
C. You voluntarily agree to be legally bound by all terms below

1. PARTIES

This Health & Fitness Coaching Agreement (“Agreement”) is entered into between MD FITNESS LLC, located in Macomb, Michigan (“Company,” “MD Fitness,” “we,” “us”), and YOU, the individual enrolling in services (“Client,” “you,” “your”).

2. SERVICES PROVIDED

MD Fitness provides online health and fitness coaching services, which may include but are not limited to:

Exercise programming

Nutrition guidance

Educational materials

Progress tracking and check-ins

Online communication and support

All services are educational and informational only and do not constitute medical advice.

2.1 NUTRITION GUIDANCE DISCLAIMER

Any nutrition-related information, recommendations, meal guidance, calorie targets, or macronutrient suggestions provided by MD FITNESS LLC are offered for educational and informational purposes only.

MD FITNESS LLC does not provide medical nutrition therapy, dietetic services, or medical advice. Nutrition guidance is voluntary, and YOU retain full discretion as to whether or how to implement such recommendations.

YOU acknowledge that YOU are solely responsible for determining whether any nutrition guidance is appropriate based on YOUR individual health status, medical conditions, allergies, medications, or dietary needs.

YOU are advised to consult with a licensed medical professional or registered dietitian prior to making dietary changes.

3. ENROLLMENT, TERM & ACCESS

This Agreement becomes effective immediately upon enrollment, execution of this Agreement, and payment, regardless of:

Program start date

Onboarding completion

First scheduled check-in

Access to digital materials, systems, coaching platforms, and intellectual property may be provided immediately upon enrollment and constitutes delivery of digital services.

4. FEES & PAYMENT TERMS

YOU agree to pay MD Fitness either:

The full program fee paid upfront, or

A payment plan or third-party financing option

Failure to make payments may result in immediate suspension or termination of access without refund.

Selection of any payment plan or financing option constitutes acceptance of all associated third-party terms and fees.

5. REFUND POLICY & GUARANTEES

5.1 GENERAL RULE

All sales are final and non-refundable, except as expressly stated in Sections 5.2 and 5.3.

5.2 INITIAL ENROLLMENT CANCELLATION (72 HOURS)

If YOU cancel participation within seventy-two (72) hours of enrollment and execution of this Agreement, YOU may receive a refund equal to seventy-five percent (75%) of the program fee paid.

MD Fitness shall retain:

Twenty-five percent (25%) of the program fee, plus

All non-refundable payment processing, payment plan, or financing fees

The 72-hour cancellation window begins at the date and time of payment and contract acceptance, not at program start, onboarding, or first check-in.

After this period, all sales are final, except as outlined in Section 5.3.

5.3 CONDITIONAL PERFORMANCE GUARANTEE

MD Fitness offers a conditional, compliance-based performance guarantee.

If YOU follow the program 100% exactly as prescribed and do not experience measurable progress toward YOUR stated fitness goal, YOU may be eligible for a refund of program fees paid plus an additional $200, only if ALL conditions below are met without exception:

YOU must demonstrate full documented compliance, including but not limited to:

a) Completion of all prescribed workouts
b) Accurate daily food logging with no missing days
c) Adherence to the nutrition guidance YOU voluntarily elected to follow as part of the program
d) Submission of every weekly check-in on time, including all required data
e) Consistent communication and responses within 48 hours
f) No deviations due to travel, holidays, illness (unless medically documented), social events, or scheduling conflicts
g) Ability to provide verifiable proof of all compliance upon request

Failure to meet any single requirement immediately voids eligibility for this guarantee.

All claims must be submitted in writing within seven (7) days of program completion.

MD Fitness reserves sole discretion to determine eligibility.

6. PAYMENT PLANS, FINANCING & THIRD-PARTY FEES

Any payment plan, installment option, or third-party financing method (including but not limited to Affirm, Klarna, or similar providers) may charge non-refundable processing, financing, origination, or merchant fees.

All such fees are the sole responsibility of YOU and are non-refundable under all circumstances, including cancellations, refunds, or chargebacks.

MD Fitness has no control over and assumes no responsibility for third-party fees, interest, or financing terms.

7. NO UNCONDITIONAL GUARANTEE OF RESULTS

Except as expressly outlined in the Conditional Performance Guarantee (Section 5.3), MD Fitness does not guarantee results.

Individual outcomes vary based on effort, consistency, biology, lifestyle factors, and external variables. YOU accept full responsibility for YOUR results.

8. MEDICAL DISCLAIMER & ASSUMPTION OF RISK

YOU acknowledge that participation in fitness training, nutrition guidance, and lifestyle modification involves inherent risks, including but not limited to:

Injury

Illness or sickness

Aggravation of pre-existing conditions

Permanent disability

Death

This includes any risks arising from voluntary dietary changes or nutrition guidance implemented at YOUR discretion.

YOU voluntarily assume all risks, known and unknown, associated with participation.

9. RELEASE & LIMITATION OF LIABILITY

To the fullest extent permitted by law, MD FITNESS LLC shall not be liable for any injury, sickness, illness, medical condition, complication, or death arising from participation, whether related to exercise, voluntary nutrition guidance, supplementation, or program materials.

This applies regardless of whether such harm is alleged to arise from negligence, instructional error, omission, or coaching advice.

10. MEDICAL CLEARANCE

YOU confirm that YOU are physically capable of participating and have been advised to consult with a licensed medical professional prior to beginning any program.

11. INTELLECTUAL PROPERTY

All programs, materials, videos, documents, systems, branding, and content are the exclusive property of MD Fitness LLC and may not be copied, shared, distributed, or reproduced.

12. CONFIDENTIALITY

Program access is granted only to authorized users. Sharing access or materials is strictly prohibited.

13. TESTIMONIAL & PROMOTIONAL CONSENT

YOU grant MD Fitness permission to use testimonials, progress photos, statements, and results YOU voluntarily provide for marketing and promotional purposes.

14. TERMINATION

MD Fitness may terminate this Agreement at any time, with or without cause. No refunds will be issued upon termination.

15. INDEMNIFICATION

YOU agree to indemnify and hold harmless MD Fitness LLC from any claims, damages, or liabilities arising from YOUR participation or breach of this Agreement.

16. CHARGEBACKS & DISPUTES

Initiating a chargeback constitutes a material breach of this Agreement. MD Fitness reserves the right to submit this Agreement and all compliance records in defense of any dispute.

17. GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the State of Michigan, with venue exclusively in Michigan.

18. ATTORNEYS’ FEES

The prevailing party in any legal action shall be entitled to recover reasonable attorneys’ fees and costs.

19. ENTIRE AGREEMENT & AMENDMENTS

This Agreement constitutes the entire agreement between the parties. MD Fitness may amend this Agreement at its sole discretion.

20. ACCEPTANCE

By enrolling and submitting payment, YOU acknowledge that YOU have read, understood, and agree to all terms of this Agreement.