INDIVIDUAL WELLNESS COACHING AGREEMENT


This document is a contractual agreement made between: Fit with Mommy Lu, LLC (“Coach”) and the class pass purchaser (“Client”) as of 2025. The Client and the Coach are individually referred to as “Party” and may collectively be referred to as the “Parties.”
WHEREAS, Coach represents, warrants, and covenants to Client that Coach performs services using required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under this agreement.

WHEREAS the Client desires to obtain the benefit of the services of the Coach, and the Client desires to render such services on the terms and conditions set forth.


IN CONSIDERATION of the promises and other good and valuable consideration (the sufficiency and receipt of which are hereby acknowledged) the parties agree as follows:



RECITATIONS
The above recitations accurately set forth the premise of this agreement and constitute a material part of this agreement.

SERVICES
Each training session is designed and will last a maximum of 15-75 minutes in any combination of in-person and online wellness coaching as purchased by the Client. Health and Wellness Coaching is a method of guiding others to address their health and make behavior changes to improve health through the use of goal setting, identification of obstacles, and use of personal support systems.


NO MEDICAL CARE
Client understands that the program is voluntary and that the Coach will develop and guide the Client through the Client’s wellness program(s). The Client understands that the training plans are designed for those individuals who do not have certain medical limitations. If applicable, the Client will accurately and completely disclose the Coach of any prescribed medications being taken and any exercise or diet limitations that the Client is aware of or have been informed of by Client’s doctor, so that the Coach can develop a modified plan for the Client’s personal medical considerations.


During the program if the Client’s medications, condition, or medical limitations should change, it is the Client’s obligation to notify the Coach in writing. The Client also understands that it is recommended that the Client has a yearly physical or more frequent physical examination and consultation with the Client’s physician as to physical activity and diet, so the Client is aware of their personal health and needs. The Client acknowledges that they have either had a physical exam and have been given their physician’s permission to participate or they have decided to participate without approval of their physician.


The Client understands that while the Coach will review any disclosed medical limitations, the Coach is not a physician, registered dietician, or a psychologist and cannot replace the advice and expertise of these professionals.


The Client understands that the Client has the complete right to end a session, and that it is the Client’s obligation to notify their physician or seek medical attention immediately if the Client develops any symptoms such as fatigue, shortness of breath or chest discomfort.




NUTRITION GUIDANCE
The Client understands that although the Coach may include recommended caloric ranges, macronutrient distribution, and suggested foods to ingest (or, in some cases, avoid) to better meet the Client’s fitness goals, the Coach is a certified nutrition coach and not a registered dietician (RD), and he/she is legally not allowed to prescribe a specific meal plan for the Client. But the Client understands that any specific diet limitations need to be discussed with a physician or RD to ensure proper monitoring.


PAYMENT/FEES
This Agreement is valid as of January 2025. The class fee is $7 or other sum per class based on class pricing promotions, price increases, or other private offers. The coaching fee must be paid in full prior to the first coaching session. Monthly payments are due on the first of every month. Any late payments will have a late fee in addition to the amount due.




RELEASE OF INFORMATION
Client understands and acknowledges that Fit with Mommy Lu, LLC may, at its sole discretion, release de-identified health information. Client also agrees to release image and likeness for limited business purposes of marketing and promotion for Coach. The Client agrees that they are signing a release to allow the use of these photographs for the Coach’s business purpose.




NO GUARANTEE OF RESULTS
This Agreement is absolutely not a guarantee of any results due to their subjective nature. The Coach does warrant that coaching recommendations are scientifically-based.




TERMINATION
The Client has the ability to stop an ongoing program at any time with thirty (30) days written notice to Coach.




ASSUMPTION OF THE RISK
The Client understands that portions of the program, such as exercise, involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. The Client understands that part of the risk involved in undertaking any activity or program is relative to their own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which Client conducts themselves in that activity or program.


Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, the Client hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of the Client’s participation


The Client hereby waives, releases and forever discharges to Fit with Mommy Lu, LLC from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any activities including but not limited to use of the nutrition guide, exercise, personal training or use of the equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.



COOPERATION/NO SHOWS
If a session is cancelled for any reason, a twenty-four (24) hours notice must be given by calling the Coach at hello@fitwithmommylu.com, or the session will be forfeited.

The expiration policy requires completion of all personal training sessions within 60 days from the date of the contract. All coaching sessions are void after this time period.


COPYRIGHT
All content provided by the Coach to Client (collectively, “Content“), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Coach’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) maintained by Coach are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Coach grants Client a limited license to access and make personal use of the Content. No Content or any other Internet site owned, operated, licensed, or controlled by Coach may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that Client may download one (1) copy of the Content that Coach makes available to Client for such purposes on a single computer for Client personal, noncommercial, home use only, provided that Client: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads. Client use of Content on any other website or computer environment is strictly prohibited.

The license granted to Client does not include, and specifically excludes, any rights to: resell or make any commercial use of any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. Client may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to Client hereunder. Client is granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. Client may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.


CLIENT’S USAGE/SOCIAL MEDIA
Client may be granted access to Facebook or other social media groups for additional education and materials. The intent of such groups is to facilitate the training process and relationship between members, improve accountability, encourage members, celebrate achievements, create a community for clients, and facilitate training opportunities. If Coach deems Client’s behavior or content inappropriate, harmful, or offensive in any way, Client or the content may be removed from the group without any notice.



RESOLVING DISPUTES
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Durham, NC. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Durham, NC. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.



FORCE MAJEURE
In the event either party is unable to perform its obligations under the terms of this Contract because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party will not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.


APPLICABLE LAW
This Agreement will be governed by North Carolina law, without giving effect to conflict of laws principles.


ENTIRE AGREEMENT
This agreement contains the entire understanding between Coach and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
UPON PASS PURCHASE, THE CLIENT AGREES THEY HAVE READ AND UNDERSTAND THE ABOVE CONTRACT AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY.

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