RUNNING LEAN TRAINING PROJECT COACHING AGREEMENT

This Agreement (the "Agreement") is entered into by and between Patrick McGilvray (“Coach”)/Running Lean Coaching (“Company”) and you (“Client”).

1. The Coaching Relationship; Client and Coach Responsibilities
Patrick McGilvray agrees to serve as your Coach. Coaching is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coaching is an alliance between the coach and the client. Coach and Client agree to engage in a five-month Coaching program through email and/or messaging (e.g. Voxer). Coach cannot, and does not, guarantee particular results.

If Client wishes to extend the Coaching relationship, both Coach and Client must agree in writing to any additional services and payment terms. The terms of this agreement will continue to apply unless any future agreement expressly supersedes it.

Coach Responsibilities:
Coach is committed to helping you overcome limiting beliefs and create a new mindset that will empower you to achieve your goals.
Coach will ask thoughtful questions designed to increase awareness.
Coach will teach you tools that you can use to improve your mindset, your relationships with other people, and most importantly, with yourself.
Coach will offer guidance and make suggestions on topics including, but not limited to running, nutrition, cross-training, and exercise in general.
During your coaching experience, Coach will provide a supportive and encouraging environment.

Client Responsibilities:
You agree to be patient and kind with yourself as you learn and apply new ideas and concepts.
You understand that coaching works when you do the work and you agree to take ownership of your progress and accomplishments.
You agree to show up for yourself not only during your coaching sessions but also in between coaching sessions (this is where you apply what you learn).
You agree that you are completely responsible for your wellbeing and your mental & physical health care – during, after, and between sessions.
You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during your coaching journey.
You agree not to hold Coach, or any company Coach is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
You acknowledge that you are under the care of a physician and healthy enough to engage in Coaching.
You agree that your relationship with the Coach, or anyone providing coaching services on behalf of the company, is that of a coach-client relationship and that no other professional relationship (such as doctor-patient or attorney-client) has been established.

Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching does not prevent, cure, or treat any mental or medical condition. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

2. Fees and Payment Schedule
Client agrees to the following fees and payment schedule:
Total package price of $795.00 USD made in five monthly installments of $159.00 USD.

Coach reserves the right to charge a late fee on all balances more than 15 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Coach for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Coach also reserves the right to terminate this agreement, and the Coaching relationship, should these fees not be paid.

E-mail / Voxer support is included as a part of the package. Coach will always make an effort to respond to messages in a timely manner. Keep in mind that e-mail / Voxer support will not always be available on Saturdays, Sundays, or holidays.

3. Preparation for Coaching
Client will receive a separate welcome letter via email to outline the coaching process and prepare for Coaching.

4. Confidentiality
Coach agrees to keep all information about the Coach / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others. Client acknowledges that Coach / Client communications are not covered by any doctor-patient privilege or other privilege.

If Client wishes for Coach to speak to someone outside our interactions, then Client needs to give Coach written permission (original signed letter or e-mail) to do so.

5. Force Majeure
Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide Coaching or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Coach or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing or providing the Coaching and shall propose revisions to the schedule for completion of the Coaching or other accommodations, or may terminate this Agreement.

6. Termination
Either party may terminate this agreement by providing notice in writing (including by email). Coach requests Client provide at least 48 hours notice of termination.

All fees for the Services are non-refundable. In the event of Coach’s termination, Client will not owe any additional payments to Coach.

In all other cases, because of the extensive time, effort, preparation, and care that goes into creating and providing Coaching, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any Coaching and no refunds will be provided to you. By using and/or purchasing Coaching, you understand and agree that all sales are final and no refunds will be provided.

7. Coaching Materials
Client acknowledges that Running Lean Coaching owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our Coaching. Running Lean Coaching hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.

8. Limitation of Liability, Release
Client agrees that Coach will not be liable to Client or any third party for any damages (including, but not limited to, lost data, lost profits, incidental or consequential damages), that arise from Coach’s performance of services (including, but not limited to, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the Services shall be the sole responsibility of Client. Client agrees to indemnify Coach, and its owners, officers, employees, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the Services, except to the extent such are caused by the sole fault or negligence of Coach.

9. General Provisions
This Agreement will be governed by the laws of Ohio. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Cincinnati, Ohio and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by the agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

I have read the above agreement and fully understand and accept the conditions as above.

Updated on 12/18/2024