Terms & Conditions

Personal Training

 

This Agreement is effective beginning on the purchase date, by and between Sean Desjardins Coaching Solutions Inc., doing business as New Narrative Training (hereinafter referred to as the “Coach”) and you (hereinafter referred to as the “Client”). The Client and the Coach will collectively be referred to herein as the “Parties”. 

The Parties hereby agree to the following:

1. Program/Service Description

  1. Personal Coaching: In-person coaching and training tailored to your needs and goals. 

  2. Workout Delivery: The client can use the CoachRx app to view their training for the day and previous results. 

  3. Number of workouts per week: This is variable. It will depend on many things: where we are in our progression, how you are feeling, sleeping, eating, recovering, etc. In general, 3-5 workouts per week. I will discuss changes with you as they come up. 

  4. Support: Communication can be sent primarily via text message. Messages are checked once a day (Monday to Friday) between the hours of 9am-5pm EST. Urgent messages can be sent via a phone call.

2. Payment

The Client will pay the Investment according to the following terms:

Payment Schedule: See invoice terms

Payment method: See invoice terms

Late / No Payments: 

Payments are due on or before the due dates listed in this section. If a payment is not made on or before the due dates stated herein, automated emails will be sent to the Client. 

The Coach will not perform any additional services for the Client until payment is completed and the Client’s access to any client portal or materials may be removed until payment is made.

3. Refund Policy

The Coach will do everything within their ability to ensure the Client’s satisfaction with the Program. The Coach expects that the Client will do the same. Refunds will not be issued for services already rendered. If for any reason, the Coach is unable to fulfill their obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered.

4. Term 

The Program consists of the quantity of sessions stated on the invoice and begins on the date of the first scheduled session (the “Term”). 

The Program expires after 1 year unless specified in additional invoice terms

The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.  

5. Client Commitments

The Client agrees to the following as part of the Program:

  1. The Client shall participate fully in their training, and any other part of the program, to the best of their ability.

  2. The Client shall immediately inform the Coach of any issues or difficulties they may have with the Program.

  3. The Client shall inform the coach of how assigned training feels. This includes if a movement was too easy, too challenging, whether you liked it or not, etc.  

  4. The Client will take full ownership of their success in the Program. 

  5. The Client shall complete payment of the Investment according to the Terms herein.

6. Coach Commitments

The Coach agrees to the following as part of the Program:

  1. The Coach shall participate fully and intently in the delivery of the individualized coaching, and any other part of the program, to the best of their ability.

  2. The Coach will support the Client to the best of their abilities per Section I of this Agreement.

  3. The Coach will not, at any time, either directly or indirectly, use any information disclosed by the Client for the Coach’s benefit, nor will the Coach disclose or communicate, in any manner, any information to a third party about the Client. The Coach will not divulge that the Parties are in a coaching relationship without your express permission.

7. Disclaimer

The Client understands that the Coach is a Personal Trainer and Fitness Coach. 

The Coach is not a registered dietician, therapist, or licensed medical professional, and therefore the Client needs to discuss and clear any changes to the Client’s lifestyle, food intake, exercise regimen, or medical treatment with their physician before implementing changes or habits suggested by the Coach. The Client confirms that they have or will discuss any changes to their diet, exercise regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle.  The Client understands that the Coach is not a registered dietician, physician, medical professional, and/or psychotherapist or psychologist. 

Further, the Coach has not promised, nor shall they be obligated to: (1) act as a therapist by providing psychological counselling, psychoanalysis or behavioural therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in their life.

8. Cancellations & Rescheduling Sessions

If either the Coach or Client wishes to cancel a scheduled session, a minimum 24-hour notice before the session start time is required. The Coach or Client can request a cancellation by text message, email or CoachRx. Cancelled sessions with appropriate notice will be rescheduled at no additional cost to the client. Cancelled sessions by the Client without the appropriate notice will be lost. Cancelled sessions by ​​the Coach without the appropriate notice will be rescheduled at no additional cost to the client as well as provided an additional session for free in the next Program purchase. 

9. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Client’s sole and exclusive remedy for negligence, failure to perform, or breach by the Coach hereunder shall be a refund of the amount paid but not earned on the Agreement. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

10. Indemnification 

Client agrees to indemnify and hold harmless the Coach, Sean Desjardins Coaching Solutions Inc. and its agents, employees, representatives, successors and assigns from all direct and third-party claims, losses, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against Sean Desjardins Coaching Solutions Inc. or the Coach, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Coach. 

11. ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the current rules of the Canadian Arbitration Association (“CAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a provincial court of Ontario. The arbitration hearing shall be held in the province of Ontario. Each party shall pay its costs and expenses related to the arbitration and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or above any damage limitations outlined in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Coach.

12. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties. 

13. Severability 

The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

14. Applicable Law + Venue
This Agreement shall be governed by and construed and enforced per the laws of the province of Ontario, Canada as they apply to contracts entered into and wholly to be performed in the province of Ontario, Canada. The Federal and Provincial courts within the province of Ontario, Canada shall have exclusive jurisdiction to adjudicate any dispute arising out of or from this Agreement. 

15. Non-Discrimination Statement and Policy
Sean Desjardins Coaching Solutions Inc. and New Narrative Training do not and shall not discriminate based on race, colour, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. We are committed to providing an inclusive and welcoming environment for all clients. This policy applies to clients as well. Any violation of this policy on behalf of the client is subject to cancellation of coaching services without a refund.

16. Photograph and Testimonial Release

The Client grants the Coach the right, title and interest to share any communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program to promote and market the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that they will not receive compensation for using their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client unless otherwise granted permission by the Client to share their name or identifying information.