Service Agreement
Core Objectives
To provide business consulting support for online nutrition clients looking to get clients.
Services
The consultant will provide the following Services:
Business consulting
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Lifetime Access to the Nutrition Coaching Academy Course
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Access to the NCA team via email and messenger app outside of scheduled call times
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Coaching, consulting, and advising on any topic the consultant is qualified to discuss, including but not limited to:
a. Nutrition and Fitness Coaching
b. Marketing Strategy
c. Business Strategy
d. Online Marketing and Funnels
e. Content Marketing (Instagram, Facebook, LinkedIn)
Payment
Costs and payment structure for “Services” outlined in this agreement.
Paid in Full
One-time payment of $3579 USD
Terms
NOW THEREFORE, in consideration of the mutual covenants of the parties hereto,
You (the “Client”) and Marc Morris of Polyhealth Nutrition and Fitness Inc. (the “consultant”) agree to keep, perform, and fulfill the promises and conditions set out in this agreement:
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Services. The consultant shall provide this service based on the terms laid out within this agreement (“Services”).
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Term. This agreement will commence on the date of purchase and will continue month to month until 90 days after purchase.
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Termination. Once purchased, the client cannot terminate their agreement. If termination is necessary, the consultant can/cannot issue refunds at their discretion.
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Compensation and Payment. For the Services outlined in this agreement, the Client will pay to the consultant the amount(s) outlined under “Payment” before the initiation of the Services. The obligation of the consultant to perform the Services is conditional upon payment by the Client and performance by the Client of its obligations hereunder. Payment will be collected via credit card and billed at the regularly scheduled interval of once every thirty (30) days if the payment plan is chosen.
Late Payment: If payment is declined, the payment system will automatically make three attempts to collect payment over a week’s period. If your payment is declined the third time, your participation in the NCA will be terminated until the remaining balance is paid in full.
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Confidentiality. During the term of this agreement and any time thereafter, to the fullest extent permitted by law, Client agrees to keep confidential and never disclose, use, misappropriate, or confirm or deny the veracity of any statement or comment concerning the consultant or any of its confidential information.
The phrase “confidential information,” as used in this policy, includes but is not limited to any and all information not generally known to the public related to or concerning:
a) Marc Morris
b) the business activities, dealings, or interests of the consultant, and/or its officers, directors, affiliates, employees, or contractors
c) consultant employment practices or policies applicable to its employees and/or contractors
d) any confidential information, knowledge, and know-how concerning the operations, products, services, procedures, or customers of the consultant, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparations, and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, and/or research of consultant.
Further, any and all confidential information which by its nature is confidential or which the consultant in its sole and absolute discretion designates as such shall be deemed Confidential Information for purposes of this Agreement. This clause shall survive the termination of this agreement.
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Non-Exclusivity of the Consultant. The Client agrees that the consultant may at times be engaged by other clients in a similar industry. Nothing shall prevent the consultant from doing so. At all times, the consultant will endeavor to protect the confidentiality and intellectual property of the Client.
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Client Requirements. Client agrees to the following terms:
a) Client will show up on time for calls and ready to take action.
b) Client can contact the NCA team via email or via messenger app, and the consultant will typically respond within 24 hours (outside of holidays and weekends).
c) The conduct and control of the Services to be performed under this Agreement shall lie solely with the consultant.
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Indemnity. Client agrees to at all times defend, indemnify and hold harmless the consultant, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to breach of Client of any warranty, representation, or covenant in this Agreement.
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Additional Services. The scope of the services is limited to the aspects laid out in this agreement. Any further consultation/service will be considered a new and separate agreement billed separately. The Client acknowledges and agrees that the Services provided under this Agreement are the limit of this Agreement. Any further or future services will require a separate agreement. The terms and conditions herein set forth constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any and all prior agreements, undertakings, representations, and communications. No assignment or modification of this Agreement shall be binding unless made in writing and properly executed by each of the Parties.
10) Miscellaneous
a) Compliance with Laws: The Parties shall comply with all applicable laws, rules, and ordinances.
b) Choice of Law: This Agreement is governed by the laws of Saskatchewan, Canada.
c) Good Faith: Both parties shall act in good faith and use their best efforts to fulfill their obligations. Neither party shall engage in activities detrimental to or interfering with the other party.
d) Independent Contractor: This Agreement does not create a fiduciary relationship. The consultant is an independent contractor responsible for their own taxes and not entitled to employee benefits.
e) Mediation/Arbitration/Attorney’s Fees: Disputes shall first be addressed through mediation, then arbitration in Saskatchewan if necessary. The prevailing party is entitled to arbitration costs and reasonable attorney’s fees.
f) Integration: This Agreement is the entire agreement and can only be amended in writing signed by both parties.
g) Notice: Notices must be in writing and delivered personally or via certified mail.
h) Authority: The signatories confirm they have the authority to enter into this Agreement and fulfill its obligations.
i) Headings: Headings are for convenience only and do not affect interpretation.