IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING COACH  MARCO'S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL  PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH  MD FITNESS LLC. BY ACCEPTING HEALTH AND FITNESS COACHING  SERVICES, YOU ACKNOWLEDGE THAT:  

A. YOU HAVE READ THIS AGREEMENT, 

B. YOU UNDERSTAND IT, AND 

C. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. 

This Agreement (“Agreement”) is a legal contract between MD  FITNESS LLC., located at Macomb, Michigan and (“YOU”, an individual) (collectively the “Parties”). WHEREAS, MD FITNESS LLC is engaged in this business of marketing and  client coaching services; and WHEREAS YOU desire to engage MD FITNESS LLC to provide health and  fitness coaching services to YOU in the form of Audio and/or Visual  Presentations, and periodic personal coaching and evaluation;  

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Service and Program Fees  

1.1. Coaching Services: Under the terms of this Agreement, MD FITNESS LLC agrees to provide health and fitness coaching services to YOU in the form of online programs and health and fitness coaching and evaluation in exchange for a Service Fee. Service  Fees will be determined according to paragraph 1.2. below. Your access to training and services is conditional on payment of such Service Fees.  

1.1.2. Term of this Agreement will commence upon YOUR acceptance of this  Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become a client of MD  FITNESS LLC.  

1.1.3. Termination: MD FITNESS LLC may terminate this Agreement at any time at its discretion upon notice to you. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.  

1.2. Service Fees: By accepting the terms of this Agreement, YOU agree and  understand that you are committing to pay MD FITNESS LLC through one of the following options:  

A. The “Agreed upon” up-front paid in full payment for the agreed upon duration of your selected program. Or a payment plan based on the total cost of your selected program for the duration in which both parties have agreed.For health and fitness coaching services: Access to MD FITNESS LLC programs and online programs, online training, and ongoing monthly coaching services (How often, depending on coaching frequency) via video conference.  

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of Health and Fitness Coaching Services offered by MD FITNESS  LLC, YOU affirmatively agree and acknowledge that MD FITNESS LLC may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing,  either directly or indirectly, YOUR experience participating in such coaching service(s),  including any specific results experienced by YOU throughout such participation.  YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded throughout attendance at any event(s) related to such coaching service(s). You further represent that any statements or testimonials you make shall be correct, accurate, and truthful.  

1.4. No Refunds: MD FITNESS LLC abides by a strict no-refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by  MD FITNESS LLC. YOU further acknowledge that in accepting the terms of this  Agreement and affirmatively seeking the benefits of and membership in such  Program(s), YOU are taking full responsibility for YOUR success. Thus, YOU  agree that you will not request a refund. 

SECTION 2: No Warranties 

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that MD FITNESS LLC provides Program(s) related to health and fitness coaching only and guarantees no specific results. YOU take full responsibility for YOUR success. Further, you acknowledge that everyone's success is different and dependent on factors such as your drive, dedication, and motivation. Any examples of weight, health, fitness, or testimonials are not meant as a promise or guarantee of your earnings or success. Please be aware that you may experience no weight loss or even possibly weight gain by using the program. In other words: we do not guarantee results, you are responsible for your success, and there is an inherent risk you may gain weight, maintain weight or not achieve the desired result, as with any health and fitness program.  

2.2. Limited Liability: In no event will MD FITNESS LLC be liable to YOU or any party related to you for any injuries, sicknesses, or ailments. Including weight gain or other health-related problems, including death, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, even if MD FITNESS LLC has been advised of the possibility of such problems. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.  

2.3. Commitment: By accepting the terms of this Agreement, YOU commit and also acknowledge that creating results requires tremendous effort, and you are prepared and committed to making that effort faithfully.  

SECTION 3: Confidentiality  

3.1. Confidentiality: Only authorized users who have duly obtained access to any services offered by MD FITNESS LLC by personally agreeing to the terms of this  Agreement are permitted to use and participate in such services.

3.2 Intellectual Property: YOU acknowledge and agree that, as between YOU and MD  FITNESS LLC, MD FITNESS LLC and its third-party licensors own and shall continue to own all right, title, and interest in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Any and all trademarks or service marks that MD FITNESS LLC uses in connection with the services rendered by  MD FITNESS LLC are marks owned by MD FITNESS LLC. This Agreement does not  grant you any right, license, or interest in such marks, and you shall not assert any  right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.  

SECTION 4: Miscellaneous 

4.1. Non-transferability: The rights and obligations under this Agreement are personal to  YOU. YOU may not assign or transfer any rights or obligations under this Agreement. 

4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold MD  FITNESS LLC, its agents, and employees harmless from any and all claims, actions,  liabilities, sicknesses, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this  Agreement. 

4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and  MD FITNESS LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with  MD FITNESS LLC relating to the Program, whether oral or written. 

4.4. Amendment: MD FITNESS LLC reserves the right, in its sole discretion, to amend this Agreement from time to time with an updated version without notification. Your sole responsibility is to request if any updated versions have been created and to receive a copy. As a curtsey, MD Fitness LLC may post any updated version without notice inside the fitness app.

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the American States of  Michigan. The venue for any dispute shall be in the State of Michigan.  

4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.