This Agreement of Terms and Conditions of Service (“Agreement”) is a contract between myself, the Participant, and the Focused Mind, Fierce Body Formula; Emma Colsey-Nicholls and Metabolic Makeover LTD; all Trainers, Coaches, Accountability Staff, assigned to my Program and Transformation Experience; all Experts, their instructions, appearances, and/or utilization of their teachings in the course; or any other instructor, trainer, or expert associated with the Focused Mind Fierce Body Formula, (the “90 Day Program, at home program, coaching, or any program or association”) or Emma Colsey-Nicholls and Metabolic Makeover. The agreement to pay all funds required under the Program (“Payment Agreement”) has been duly signed and executed by me and is incorporated herein by reference. Further, I authorize my bank or any other agency to disburse all such funds. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree as follows:
1. Commitment Levels. There are Three (3) Commitment Levels in the Program. I agree to fulfill completely all Three Commitment Levels to remain a part of the Program participating in. I fully understand these commitments, as outlined below, and agree to participate fully in those three levels. I understand that my failure to fully participate will constitute grounds for my removal of the Program and Participation. The Three Commitment Levels are outlined generally as follows:
1.1. Time Commitment: I commit to invest the time to fully engage in the Program as outlined and all assignments instructed of Emma Colsey-Nicholls and/or Success Team.
1.2. Energy Commitment: Implementing all teachings from Emma Colsey-Nicholls and the Program Success Team, to include, but not limited to; online audio coaching and opportunity assignments, workouts, and nutrition education
1.3. Commitment of Resources: I commit to the process. I desire Emma Colsey-Nicholls/Metabolic Makeover LTD my payment and understand that by doing so, I am committed to the Focused Mind, Fierce Body Formula and there is no refund after having been selected for a producer spot in said program.
2. No Refunds.
2.1. I acknowledge and understand that this is a group program that is by selected application process. Upon my payment of any tuition funds to secure my place in the Program, Emma Colsey-Nicholls or Metabolic Makeover LTD, or the Program shall not offer my place to another. Once I have paid any funds, I understand my place cannot be filled by another if I am unable to begin, participate in, or complete the Program.
2.2. If I fail to live up to my time, energy, and money commitments, I will not be able to continue on with the program. There will be no refund issued and payments will continue until the balance is paid in full. I understand that I have taken a place as a participant and therefore no one else can take that position after the program has begun
3. Irrevocable Release of Photograph, Video, and Audio and Consent to Video or Photograph. I understand that by participating in the Program, I may be video-recorded or photographed for marketing, training, future business development, or any other reasonable business purpose by the Program, Emma Colsey-Nicholls, Metabolic Makeover LTD. I hereby consent to the photographing, videoing, or other transmission into media of myself and the video and/or audio recording of Consultant’s voice, image and the use of these photographs and/or recordings (the “Media”) singularly or in conjunction with other photographs and/or recordings for use in, but not limited to, the following: the Program, Emma Colsey-Nicholls and Metabolic Makeover LTD. or Emma Colsey-Nicholls advertising, publicity, commercials or other business purposes. I further release my rights and give my consent to the reproduction and/or authorization of the Program, Emma Colsey-Nicholls and Metabolic Makeover LTD to reproduce and use said Media and recordings of my voice, for use in all domestic and foreign markets.
4. I understand that the time frame for each coaching session will determined and agreed upon by both parties. I will make myself available for training and coaching; and at all other times discussed and planned as part of the Program
5. I understand that I will receive coaching with Marci Lock and/or the other experts, coaches, trainers, as part of the program.
6. I understand that each coaching session will start on time and end when we have completed our training. I will arrive on time for all coaching sessions ready to participate.
7. I agree to follow up and perform any work assignments. I commit my energy to fulfill all assignments made to me by Emma Colsey-Nicholls and or other trainers, teachers or experts, and attend the courses and implement the knowledge given to me throughout the Program to stay a part of the transformation process and program.
8. I understand that Emma Colsey-Nicholls; her authorized Coaches, Trainers, Staff; associated experts; teachers; the Facility staff; or other professional coaches as determined by Emma Colsey-Nicholls and Metabolic Makeover LTD will conduct all coaching sessions.
9. Individual Responsibility and Decision Making. My personal health is my own responsibility.
9.1. I understand the Program does not substitute for counseling, psychotherapy, or any mental health services. I certify that I am not currently under the care of a mental health professional. If I am under the care of a mental health professional, I have discussed my situation with that professional prior to entering into this Program and that professional has given his/her consent to my participation.
9.2. As a Participant, I understand and agree that I am fully responsible and accountable for my personal well-being, choices, and decisions, during all workouts, coaching sessions, food preparation, and any other activity associated with the Program.
9.3. I understand that Emma Colsey-Nicholls and Metabolic Makeover LTD is a relationship and consultancy I have with my coach that is designed to facilitate the creation and development of personal health goals and to develop and carry out strategies and plans for achieving those goals. Emma Colsey-Nicholls and Metabolic Makeover LTD has made no guarantee of results and I understand my own actions and choices will determine my results.
9.4. I understand that the Program is a comprehensive process that may involve all areas of my life, work, finances, health, relationships, education, and recreation. I acknowledge that deciding how to handle these issues and implement my choices is exclusively my responsibility.
9.5. I understand that all information I disclose personally shall be kept strictly confidential other than my willing to share information on video, audio, etc. My content I personally share shall be kept strictly confidential to any person under any circumstance except by a court order upon a crime being committed. I understand that my Program Coach is bound by a code of confidentiality that requires them to keep all my disclosures confidential. I also understand that three years after my consultancy has ended, the Program Coach will destroy all records pertaining to my personal information and release them to no other persons.
9.6. I understand that the Program Coaching is not to be used in lieu of professional advice. I will seek professional guidance for legal, medical, financial, business, spiritual or any other decisions. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my responsibility.
9.7. I understand it is highly recommended that I purchase the supplements suggested for the Program to ensure my body develops the proper nutritional benefits to support me during the Program.
9.8. I acknowledge that I am receiving information for mind, nutrition, and fitness coaching that is part of the Emma Colsey-Nicholls and Metabolic Makeover LTD, and agree to not disclose or copy the manuals, online audio’s, video’s, workouts, DVD’s and/or any proprietary information, or the content of the program in any form.
10. RELEASE OF LIABILITY (Please Read Carefully)
10.1. I have enrolled in a program of strenuous physical activity including, but not limited to: walking, running, boxing, yoga, weight lifting, bicycling, high intensity intervals, cardio routines, and the use of various conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by Emma Colsey-Nicholls and Metabolic Makeover LTD. I acknowledge the nutrition courses and coaching to be advice and do not in any way substitute for the advice or recommendations of a physician and that Emma Colsey-Nicholls and Metabolic Makeover LTD, and/or any of its entities, trainers, staff is not responsible for my health results.
10.2. I hereby affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit my participation in this program.
10.3. In consideration of my participation in the program, I , my heirs, legatees, assigns, agents, officers, directors, shareholders and co-workers I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, Emma Colsey-Nicholls and Metabolic Makeover LTD (the Individual), the Focused Mind, Fierce body formula, Metabolic Makeover LTD, its employees, heirs, assigns, agents, officers, directors, and shareholders, assistant instructors, experts, and teachers, from any and all claims, demands, or causes of action arising from my participation in the Focused Mind, Fierce Body formula.
10.4. I fully understand that I may suffer injury as a result of my participation in the program and I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Emma Colsey-Nicholls and Metabolic Makeover LTD (the Individual), the Focused Mind Fierce Body Formula, and Metabolic Makeover, its employees, heirs, assigns, agents, officers, directors, and shareholders, assistant instructors, experts, and teachers from any and all liability now or in the future, including but not limited to medical expenses, lost wages, pain and suffering, that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and any other illness, soreness, or injury, however caused, whether occurring during or after my participation in the program or use of the conditioning and exercise equipment, regardless of fault.
10.5. I understand I am participating in this Program under the full knowledge that my transformation process will be documented and used for promotions, marketing and inspiring others through video, pictures, written testimonials, appearances and any and or all sources utilized by Emma Colsey-Nicholls and Metabolic Makeover LTD. I release the use of my before, during and after pictures, videos, audio and testimonials to Emma Colsey-Nicholls and Metabolic Makeover LTD. I am giving full permission to Emma Colsey-Nicholls and Metabolic Makeover LTD to use any and all of these sources for whatever purposes desired.
10.6. Emma Colsey-Nicholls and Metabolic Makeover LTD, all staff and Coaches, the trainers, additional experts brought in to share their knowledge and coaching, are not responsible for any injuries, stress, mental health, emotional strain, medical or other health issues that may arise. As the Participant, I take full responsibility to participate in the courses, exercises, and all coaching through this program and hold the aforementioned parties blameless for any such health issues.
10.7. I attest, contract, acknowledge, and agree that I am of legal age, competence, and intend to be legally bound by this Agreement.
10.8. There are no refunds for the Program
RESPONSIBILITIES OF THE PARTICIPANT: I understand that information I possess about my health status or previous experiences of any unusual feelings associated with physical effort may affect my safety and value of my exercise program. I acknowledge that my prompt reporting of unusual feelings during exercise itself is extremely important and that I am responsible for fully disclosing such information whether or not requested by Emma Colsey-Nicholls and Metabolic Makeover LTD, and any and all staff, coaches, trainers, experts, teachers, etc. I understand if I cease participation in the Program for any reason once I have been accepted as a participant, there is no longer an available position for any new participant, all funds will be considered earned, and no refund given. If I fail to make further installment payments as required under the Payment Agreement, I understand Emma Colsey-Nicholls and Metabolic Makeover LTD will begin legal action to recover the remainder of payments due.