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COACHING SERVICES AGREEMENT

This coaching services agreement is entered into by and between Tosca Reno Interactive Media, 1910-55 East Liberty St, Toronto, Ontario, M6K 3P9, Canada (“TRIM”, “ours”, “us”, “we”) and you, the client (“you”, “yours”, “Client”, “Clients”) (each a “party” and collectively the “parties”) and is effective on the date to which you accepted (the “Agreement”). Please review our Privacy Policy, which describes how we collect, use, disclose and otherwise process personal information, including with respect to providing the coaching services and forms part of this Agreement.
By accepting this Agreement, you acknowledge that you have read, understand and agree without limitation or qualification, to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, please do not accept the Agreement or use our services (defined below).

1. Modifications
You acknowledge that we may update, amend or otherwise modify any of terms of this Agreement at any time, without notice. Any modifications will be reflected in an updated Agreement and posted online.
Any material amendments made to this Agreement will be in writing and agreed upon between both parties to this Agreement.

2. Services
The purpose of this Agreement is for the Client and TRIM to enter into a coaching relationship, in a thought-provoking and creative process that inspires the Client to maximize their wellness in the particular areas of nutrition, exercise and emotional self-car. Results are dependent on client’s level of commitment and dedication to the program Results are not guaranteed.
The full scope and all details of your specific Services depends on which Service you selected during checkout, which may include one-on-one session Services, group session Services or self-pace program Services, each of which are detailed here: programs.toscareno.com/fitcommit


The parties acknowledge that this relationship is an alliance and not a legal business partnership.

3. Coach-Client Relationship – NOT MEDICAL ADVICE

The Client acknowledges the following:

(a) the Services do not constitute medical advice and that TRIM is not a registered health care provider. The Services do not represent nor involve the diagnosis, treatment or practice of medicine. The Client acknowledges that the Services are not to be used as a substitute for counseling, psychotherapy, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

(b) If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the TRIM.

4. Payment
You agree to pay the agreed upon fees for your purchased Service.

(a) Prices
Unless otherwise specified, all prices are in Canadian or American dollars (“Fee(s)”).
We reserve the right to offer Services for the duration(s) and at the costs that we determine appropriate, in our sole discretion. We may modify our Fees at anytime.

(b) Payment Method
In connection with any and all purchased Services, you must provide us with a current, valid, accepted method of payment, and required account and personal information, which may change from time to time ("Payment Method"). All purchases are subject to the terms of this Agreement and any additional terms and conditions, as well any fees, imposed by your financial services provider, currency exchange provider, and/or mobile carrier, as applicable.

By providing your Payment Method in connection with your purchase, you authorize TRIM (and/or its service providers acting on TRIMs behalf) to debit/charge the total cost of your Fee and agree to be responsible for all associated charges, including any applicable taxes. If charges for which you are responsible fail at the time payment is required, you may be responsible for all costs and fees associated with any and all efforts by TRIM to be paid such Fees or charges, such as dishonored payment fees.

You represent and warrant that all information you provide in connection with your purchase is true, accurate and complete. You agree to notify us as soon as possible of any changes to your Payment Method.

(c) Billing Cycle

The Fee for certain Services, such as recurring sessions or subscriptions must be paid in a single up-front payment, while other Services may allow payment on an installment basis (e.g. month-to-month). If the Fee is paid in a single up-front payment, the total Fee is due and payable to TRIM immediately upon sale and your Payment Method will be automatically billed at that time.
If your Fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period, as specified during your checkout or otherwise agreed upon.

5. Refund Policy

Client agrees that it is the Client's responsibility to notify TRIM with reasonable, advanced notice to reschedule any portion of the Services.

TRIM reserves the right to bill Client for a missed call/meeting or other portion of a Service. Both parties will attempt in good faith to reschedule any missed call/meeting.

In the event of an emergency, meetings may be re-scheduled by either party with at least 48 hours’ notice.

TRIM does not offer any refunds.

6. Procedure

The time and/or location of the Services will be determined by TRIM and Client based on a mutually agreed upon preferences.

7. Code of Conduct

You acknowledge, understand and agree that it is important for you, TRIM and other third parties involved (e.g. other participants in group sessions) to collaborate, participate and communicate with honesty, confidentiality and a high degree of mutual respect. You agree not to:

(i) restrict or inhibits any other individual, including from using and enjoying the Services;
(ii) act, in any manner or in any form, in a threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or may otherwise offend or be unlawful;
(iii) act in a manner that constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any Canadian provincial, territorial or national law, regulation or order, or any U.S. or other international law, regulation or order;
(iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right
(v) act or provide content that contains any falsehoods or other content that could harm TRIM or others;
(vi) violate an individual’s privacy and confidence;
(vii) provide information that constitutes or contains false or misleading indications of origin or statements of fact; and/or
(viii) contains material irrelevant to the subject matter

TRIM may, in its sole discretion, terminate your Services for any violation of this section.

8. Confidentiality and Privacy

(a) Confidentiality

This information collected, used, disclosed and otherwise exchanged between the parties with respect to the Services, is considered confidential information in nature and bound by the principles of. However, please be aware that a coach-client relationship is not considered a legally confidential relationship, such as a relationship with a registered medical professional or legal professional, and thus your communications are not subject to the protection of any legally recognized privilege.
TRIM agrees not to disclose any information pertaining to the Client without the Client’s written consent. TRIM will not disclose the Client’s name as a reference without the Client’s consent.
Confidential information does not include information that: (a) was in TRIM’s possession prior to its being furnished by Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the TRIM from a third party, without breach of any obligation to the Client; (d) is independently developed by TRIM without use of or reference to the Client’s confidential information; or (e) that TRIM is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to TRIM and as a result of such disclosure TRIM reasonably believes there to be an imminent or likely risk of danger or harm to the Client or third parties; and (g) involves illegal activity.

The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with TRIM in a timely manner.

(b) Group sessions

In addition to 8(a), you understand and acknowledge that if you purchase group session Services that your personal and confidential information will be shared with other third parties in the group. TRIM is not responsible nor accountable for a third-parties breach of privacy and confidence involving your confidential information or personal information.

(c) Privacy

The Client acknowledges that in order to provide the Services, TRIM will collect and use personal information as defined under applicable privacy laws (“Client Information”). With few exceptions, TRIM shall only collect Client Information directly from the Client. The type information depends on the information provided by the Client. TRIM represents it shall only collect and use Client Information for the sole purpose of providing the requested Services and for no other purpose, unless Client has provided their written consent.

Client acknowledges that TRIM may be required to transfer certain Client Information to authorized personnel of TRIM who have a need-to-know to access the Client Information.

Client shall not disclose Client Information unless required by subpoena, court order or regulatory authority with competent jurisdiction, or as otherwise required by law.

You may review the TRIM Privacy Policy toscareno.com/privacy-policy/ for further information on how TRIM processes and safeguards personal information, including Client Information, as well how to exercise your data subject rights.

9. Disclaim warranties; Limited Liability

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Except as expressly provided in this Agreement, TRIM makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services.

UNDER NO CIRCUMSTANCES WILL TRIM BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, OR MISUSE THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE, OR MISUSE OF THE SERVICES.

In no event shall TRIM, including its associates, employees, directors, affiliates or representatives be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, TRIM’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to TRIM under this Agreement for all Services rendered through and including the termination date.

10. Indemnification

You agree to indemnify, defend and hold TRIM, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your material breach of this Agreement and any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged.

11. Entire Agreement

This document reflects the entire agreement between TRIM and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

12. Dispute Resolution

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING SECTION. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SITE AND PURCHASING OUR PRODUCTS. PLEASE REMEMBER THAT YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS.

You and TRIM each agree that any dispute which may arise out of, under, or in connection with your use of the Services or the terms of this Agreement be resolved entirely mediation, rather than in court. Such mediation shall take place in Toronto, Ontario.

13. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. In the event a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14. Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15. Applicable Law

The terms of this Agreement are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce this Agreement may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of the terms of this Agreement and waive any objections and defenses inconsistent with such venue.

16. Contact

Client agrees to direct any notices or questions with respect to this Agreement to info@toscarenomedia.com.


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