This coaching agreement (the “Agreement”) is entered into by and between [Dark Horse Performance LLC] (the “Company”) and (the “Athlete”) (each a “Party” and collectively the “Parties”), effective as of the last signature date below (the “Effective Date”).
WHEREAS, Athlete wishes to receive and the Company agrees to provide personal coaching, including but not limited to an initial assessment, ongoing customized athletic programming, corrective instructions on exercise movements, recommendations on injury prevention and rehabilitation, basic nutrition counseling, continuous feedback including video analysis of movements, and more (the “Services”) all provided pursuant to the terms and conditions contained herein.
NOW THEREFORE, in consideration of the mutual obligations herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
SERVICES & PAYMENT
Company agrees to provide the Services to Athlete in return for Athlete’s payment of the following fees (the “Fee(s)”): (1) a one-time initial assessment fee of $75.00, (2) a recurring monthly coaching fee of [$220/250], and (3) any other fees agreed to between the Parties. All Fees must be processed automatically via credit card or debit card, or other electronic means as agreed upon by the Parties. All Fees are billed and processed monthly in advance. Athlete shall be entitled to a 5% discount on the monthly recurring fee if Athlete pre-pays all recurring monthly fees for the Initial Term or Renewal Term, as applicable (each as defined below). Athlete will be notified by Company if Athlete’s electronic payment of Fees is rejected or fails to process for any reason. All Fees provided hereunder are non-cancelable and non-refundable.
TERM & TERMINATION
This Agreement shall commence on the Effective Date and shall continue for a period of  months (“Initial Term”). Thereafter, this Agreement shall automatically renew for successive  month periods (each a “Renewal Term”), unless either party provides written notice of cancellation to the other party no less than thirty days prior to the expiration of the Initial Term or Renewal Term, as applicable.
Company may terminate the Agreement within the Initial Term (i) upon fifteen days’ prior written notice if Athlete materially breaches the Agreement, including Athlete’s failure to pay the Fees in full, or (ii) for any or no reason at all, provided that Company shall reimburse Athlete any unearned but prepaid fees for terminating under subsection (ii). If the Athlete terminates the Agreement prior to the end of the Initial Term or Renewal Term as applicable, Athlete agrees to pay the recurring monthly fee for the remainder of the Initial Term or Renewal Term, as applicable or a $500 flat rate fee for early termination will apply.
This Agreement shall be governed by the laws of the state of Colorado, without regard to Colorado’s conflict-of-law principles. Athlete may not assign, resell, or transfer its rights and obligations under this Agreement to any other person or entity.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.
This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements and understandings between the Parties. Any modification to this Agreement must be in writing signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date(s) below.
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Signed by Justin Biays
Signed On: January 5, 2018
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Document Name: Coaching Agreement
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