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P.D. MANGAN COACHING AGREEMENT

LIABILITY RELEASE

In consideration of permission to use, today and on all future dates, the intellectual property, coaching and services of MTOR, LLC, (herein known as "P.D. MANGAN", "we", "us", "our") and to participate in weight training, cardiovascular training, and other physical activities, Client, on behalf of himself or herself, his or her heirs, personal representatives, and assignees, does hereby release, waive, and discharge P.D. MANGAN, an independently owned and operated facility, both entities’ employees, volunteers, independent contractors, officers and agents (collectively, the “Released Parties”) from liability from any and all claims arising from Client’s own negligence, the negligence of others, or the Released Parties’ negligence originating from Client’s Participation in this program.

This Agreement applies to: personal injury (including death) from accidents or illnesses arising from the participation in physical activities including, but not limited to, organized activities, classes, observation, and individual use of facilities, premises, or equipment. Client certifies that he or she knows of no medical problem (except those disclosed in the program intake form) that would increase his or her risk of illness and injury as a result of participating in a physical training program.

Client understands that he or she has been advised to consult a physician prior to commencement of a physical training and nutrition program to ensure his or her state of wellness to participate in such strenuous activities.

Client agrees to indemnify and hold the Released Parties harmless for any loss caused by Client for which the Released Parties are held liable including attorney’s fees and arbitration costs.

NOT MEDICAL OR MENTAL HEALTH ADVICE

P.D. Mangan is not, nor is he holding himself out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist. P.D. Mangan is not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through P.D. Mangan’s products, programs and services pertaining to your health or wellness, exercise, relationships, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider.

You agree and acknowledge that P.D. Mangan is not providing medical advice or mental health advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from P.D. Mangan’s products, programs and services. Do not disregard medical advice or delay seeking medical advice because of information you have read in any of P.D. Mangan’s products, programs and services. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider.

If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained in any P.D. Mangan’s products, programs and services have not been evaluated by the Food and Drug Administration. If you are pregnant, breastfeeding or currently dealing with severe medical conditions such as heart disease, cancer, diabetes, serious obesity or any other conditions requiring regular medication or medical supervision, you must (a) inform P.D. Mangan in writing before commencing any programs and (b) SEEK MEDICAL ADVICE BOTH BEFORE COMMENCING AND DURING ANY OF P.D. MANGAN’S PROGRAMS

PERSONAL RESPONSIBILITY

You acknowledge that you are participating voluntarily in using P.D. Mangan’s products, programs and services and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through P.D. Mangan’s products, programs and services, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from P.D. Mangan’s products, programs and services to your life, family or business.

GUARANTEE

If, for any reason, the discussed results (X weight lost in X time) are not achieved, then you will continue to receive unlimited support until this milestone is reached.

CLIENT AGREEMENT

PRIVACY AND CONFIDENTIALITY

Coaching is inherently personal, and we take the utmost care to protect your privacy and respect your confidentiality. In turn, you agree that your participation is subject to our Terms of Use:

TERMS OF USE

By participating in this program, you agree:
- that all materials and information provided to you by P.D. Mangan are its confidential and proprietary intellectual property belong solely and exclusively to P.D. Mangan, and may only be used by you as authorized by P.D. Mangan;
- the reproduction, distribution and sale of these materials by anyone but P.D. Mangan is strictly prohibited.

THE PROGRAM

Agreeing to the terms of this contract means that P.D. Mangan will provide personalized a coaching program focusing on helping you lose weight, get stronger, feel better, and make healthy lifestyle choices, including the following:
- Three (3) Private 1-on-1 Sessions of 30-45 minutes each with P.D. Mangan, to develop strategies customized to your needs and goals, and to check in, strategize, and tweak your program when necessary
- Sixteen (16) Weeks of unlimited email and text support from P.D. Mangan to get answers to your questions and any clarification you’re looking for
- Sixteen (16) Weeks of unlimited access to P.D. Mangan’s private client portal and science-based recommendations

SCHEDULING & RESCHEDULING POLICY FOR PRIVATE 1-ON-1 SESSIONS

By accepting the terms and conditions, you accept that:
- You have the ability to schedule your private 1-on-1 sessions in P.D. Mangan's calendar, based on your availability
- Rescheduling requests require a minimum notice of 24 hours
- Requests to reschedule a session scheduled to take place in less than 24 hours will not be accepted
- If your session is less than 24 hours away, it cannot be rescheduled, and will not be replaced if you do not attend, or are more than 15 minutes late.

PAYMENT

PAYMENT COMMITMENT

This coaching program requires a full commitment.

As this is hyper personalized coaching, a large portion of your coach’s work on your behalf takes place early on in the process. For this reason, there are no trial periods offered.

As such, by signing up, you are committing to partake in the entire program.

And you are committing to pay the entire investment required for coaching.

No matter which payment method you are using, by signing up to this program, you are committing to pay all installments.

Initial payment is due upon signing this agreement. No payments will be refunded at any time for any reason. There will be no early termination for any reason. There will be no cancellation for any reason.

PAYMENT SCHEDULE

Clients who sign up with a payment plan agree to make all agreed upon payments. Each future installment will be automatically charged on the same day of the month on which the first payment was made, until the client's balance is paid in full.

Client agrees that that their billing cycle is not related to the coaching period, and that their payment plan may be of a greater duration than the duration of the coaching relationship.

Client is responsible for providing an alternative bank card or method of payment if the method of payment on file expires, or cannot be charged for any reason.

For those clients making the investment required or coaching in multiple installments, no matter the method payment, there will be no opportunity to pause your installment schedule for any reason.

LEGAL

CLIENT'S DEFAULT

Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, P.D. MANGAN shall have all rights and remedies available to it, including termination of this Agreement and institution of an action for all applicable damages pursuant to this Agreement. If P.D. MANGAN delays or refrains from exercising any rights under this Agreement, P.D. MANGAN does not waive or lose those rights. If P.D. MANGAN accepts late or partial payments from Client, P.D. MANGAN does not waive the right to receive full and timely payments and other charges due under this Agreement.

CLIENT CONSENT

Client may be asked to voluntarily provide a review or testimonial. Clients who accept such request consents to and releases P.D. MANGAN from any liability resulting from P.D. MANGAN’S use of Client’s likeness in P.D. MANGAN’S advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.

ARBITRATION & ATTORNEYS' FEES

Any controversy between the parties arising out of this Agreement shall be submitted to JAMS for binding arbitration in San Diego, California. The costs of the arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment. For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law.

ENFORCEABILITY

The undersigned parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced, and/or narrowed in scope, such provision or portion of a provision shall be reduced or narrowed and so enforced. Client specifically waives any right of any type which would invalidate the enforceability of any provision or portion of this Agreement.

SUCCESSORS & ASSIGNEES

Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assignees of Client.

GOVERNING LAW

This Agreement shall be governed and enforced in accordance with the laws of California.

CLIENT CONSENT

I agree and understand that by signing the P.D. Mangan Coaching Agreement that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement. I further agree my signature on this document is as valid as if I signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms regarding any and all future documentation with a signature requirement, should I elect to have signed electronically.
Under penalty of perjury, I herewith affirm that my electronic signature, and all future electronic signatures, were signed by myself with full knowledge and consent and am legally bound to these terms and condition

I AGREE TO THE ABOVE TERMS AND CONDITIONS: