Health Assessment

Congratulations on your decision to participate in a training program with MCX Lifestyle! With the help of your kinesiologist/personal trainer/coach, you can greatly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The learnings from these training sessions can be used for a lifetime.

Terms and Conditions

This Independent Contractor Agreement (“Agreement”) is made between the Client and MCX Lifestyle, and is effective as of the date the MCX Lifestyle Health Assessment is completed and sent by the Client to MCX Lifestyle (“Effective Date”).

1. Services

• a. MCX Lifestyle agrees to provide in-person and/or virtual personal training sessions to the Client (“Personal Training Sessions”).

• b. In addition, MCX may provide additional customized services to the Client, which may include but are not limited to:

• i. Goal setting and progress tracking

• ii. Customized fitness and exercise routines

• iii. General nutrition counselling (collectively, “Additional Services”).

2. Fees

• a. In consideration for the provision of Personal Training Sessions, the Client agrees to pay the contractor fess in accordance with the fee schedule provided on MCX’s website (www.mcxlifestyle.ca), which may be updated from time-to-time at MCX Lifestyle’s sole discretion (“Fees”).

• b. In addition, MCX Lifestyle and the Client may agree to fees for Additional Services.

• c. All Fees, including fees for Additional Services, may be paid by way of credit card, e-transfer or PayPal, which can be accessed through MCX Lifestyle’s website (www.mcxlifestyle.ca). The Client may purchase additional Personal Training Services or Additional Services at any time without the need to execute a new Agreement.

3. Scheduling and Cancellations

• a. MCX Lifestyle and the Client will agree on and set a schedule for the Personal Training Sessions at the commencement of this Agreement (“Training Schedule”). The Training Schedule may be amended by the Parties upon mutual agreement for the following month.

• b. The Client may reschedule or cancel a Personal Training Session by notifying MCX Lifestyle at least 24 hours in advance. Failure to provide 24 hour notice will result in forfeiture of the Personal Training Session and associated Fees.

• c. If the Client arrives late for the Personal Training Session, the Client will receive training services for the remainder of the scheduled time, unless other arrangements have been agreed upon with MCX Lifestyle in advance.

• d. No refunds will be issued by MCX Lifestyle for any reason, including but not limited to cancellation, illness, relocation or termination of this Agreement.

4. Termination

• a. MCX Lifestyle and the Client may terminate this Agreement upon 30 days written notice to the other party.

• b. Any Personal Training Sessions paid for at the time of termination of this Agreement must be scheduled and completed within 120 days from the termination of the Agreement. Any unused Personal Training Sessions are void after this time period.

5. Assumption of Risk and Release

• a. The Client acknowledges that the Personal Training Sessions and Additional Services may be associated with health and safety risks typically present in physical training and exercise programs, including but limited to increased heart stress and the chance of musculoskeletal injuries.

• b. The client agrees that they are voluntarily participating in the Personal Training Sessions and Additional Services, and assume all risk of injury, illness, damage, or loss that may result from such participation.

• c. The Client agrees to release and discharge MCX Lifestyle and its employees from any and all claims or causes of action (known or unknown) arising out of the Client’s participation in the Personal Training Sessions or Additional Services, including but not limited to negligence, whether active or passive, on the part of MCX Lifestyle or its employees.

6. Representations

• a. MCX Lifestyle represents and warrants that it has employed competent, knowledgeable staff with the necessary subject matter expertise to provide Personal Training Sessions and Additional Services to the Client.

• b. MCX Lifestyle represents and warrants that it has obtained the necessary education, certifications and insurance coverage to offer Personal Training Sessions and Additional Services to the Client.

• c. The Client represents and warrants that they are of good physical and mental health, with no limiting physical conditions or disabilities that would preclude participation in an exercise program. If the Client has any physical conditions, limitations or injuries, they will promptly bring this to the attention of MCX Lifestyle so that appropriate measures can be taken to adjust the Personal Training Sessions or Additional Services.

7. General:

• a. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties, and supersedes all prior written or oral agreements and all negotiations, conversations or other communications or understandings of the parties with respect to the subject matter described herein.

• b. This Agreement is not assignable by either party in whole or in part without the prior written consent of the other party.

• c. All disputes and claims are subject to the laws of the Province of British Columbia and the federal laws of Canada, and the parties attorn to the exclusive jurisdiction of the courts of the Province of British Columbia.

I acknowledge that I have read, understand and agree to be bound by MCX Lifestyle’s Terms and Conditions.