Effective Date:
This Coach Agreement is between you, as a coach, and Fizeek LLC, a Florida limited liability company (“Fizeek,” “we,” “us”). It applies when you use the Fizeek coaching website at fizeekapp.com or the Fizeek app to coach clients. You agree to it when you tap a coach sign-up button below the line that links to it, together with our Terms & Conditions and Privacy Policy. The Terms also apply to you; where they and this agreement disagree about your coaching, this agreement controls.
You coach as an independent business. You are not Fizeek's employee, contractor, agent, partner or representative, and you may not say or suggest that you are, or that Fizeek employs, endorses, recommends or vouches for you. Fizeek provides software. It does not hire, train, supervise or direct you, does not choose your clients, and is not a party to your arrangement with any client.
Fizeek does not check any coach's qualifications, certifications, licenses, insurance, background or experience. What you say about yourself, including your title, is your own statement, and it must be true.
You make your own agreement with each client: your price, what you provide, and your refund, cancellation and dispute policy. You tell each client those terms before they pay, and you are responsible for keeping them. Fizeek does not provide a contract between you and your clients and does not settle disputes between you.
A client must be at least 16, or 18 in India, the same as anyone using Fizeek. If a client is under 18, you take extra care with what you ask for and what you send them.
You invite only people you know and who expect to hear from you, and you confirm that you may email each person you invite. Fizeek sends the invitation email for you. It names you and Fizeek LLC, says why the person got it, shows Fizeek's postal address and has a link to stop invitations. If a person stops invitations, no coach can invite that address through Fizeek again, and you are told when you try.
You follow every law and professional rule that applies to your services where you and your clients are, including any license, registration, certification or bond your work needs.
Nutrition. Some places license nutrition and diet advice. In Florida, for example, dietetics and nutrition counseling for pay need a license (Florida Statutes 468.504 and 468.505). Unless you hold the license that applies, you give only general, non-medical nutrition information for fitness, and you do not use a protected title such as dietitian, licensed dietitian, registered dietitian, nutritionist, licensed nutritionist or nutrition counselor.
Medical matters. You do not diagnose, treat or claim to cure any disease or condition. You do not prescribe or recommend prescription drugs, steroids, SARMs, peptides or other controlled or prescription substances. If a client tells you about an injury, a medical condition, a pregnancy or a medication, you tell them to see a doctor before following your program.
Links and endorsements. If you earn money or anything else from a product or a link you recommend, you tell the client clearly before they click or buy.
We strongly recommend that you carry professional and general liability insurance that covers your coaching. Where the law or a professional body requires insurance for your services, you must carry it.
Your clients share their health and fitness information with you through Fizeek. When you use that information, you decide how, as your own business, and you are responsible for it. You agree to:
use a client's information only to coach that client;
keep it confidential and secure, and not share it with anyone else unless the client agrees or the law requires it;
not copy it out of Fizeek except as the client allows, and delete any copy you made when you stop coaching them, unless the law requires you to keep it;
give your clients every notice, and get every consent, that the laws where you and they are require, including for health information;
not use Fizeek to store or send protected health information as a HIPAA covered entity or business associate; Fizeek is neither and does not sign business associate agreements; and
tell us at once at privacy@fizeekapp.com if you believe a client's information has been seen by someone it should not have been.
After coaching ends, you can still read a former client's history up to the day it ended until the client ends your view. When a client ends your view, or deletes their account, your access ends: the client leaves your client list and Messages on the coaching website, you can no longer open your private notes on that client, and you may not try to get access back.
You take payments from clients through Stripe. Payment processing for coaches is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. You accept it in Stripe's own onboarding when you set up payments. You give Fizeek and Stripe accurate and complete information about you and your business, and you allow Fizeek to share with Stripe the information Stripe needs about you and your clients' payments. Stripe processes it under its own Privacy Policy.
Client payments are made directly to your Stripe account. Fizeek takes no fee from them and never holds your clients' money.
You alone are responsible for every refund, chargeback, dispute, fee, fine and negative balance on payments from your clients, and for answering your clients' billing questions. If Stripe or a card network charges any of these to Fizeek, you repay Fizeek when we ask, and Fizeek may recover the amount from you, including by asking Stripe to debit your Stripe account.
If you delete your account, or otherwise stop coaching a client before a period they prepaid is over, you refund them the unused part.
If you change a client's price, Fizeek tells the client at least 7 days before the new price is first charged, by email, a notification and in the app, and Fizeek refuses a change that would be charged less than 8 days after you save it. The client can refuse a new price by cancelling. You do not ask Fizeek or Stripe to charge a client in any other way than the payment page and the price change tools allow.
You handle your own taxes, including income tax and any sales or similar tax on your services, and any tax forms the law requires.
You pay Fizeek for a coach plan through Stripe Checkout. Plans, prices and the number of clients each allows are shown on the Billing page of the coaching website before you buy. Your plan renews automatically each period, at the price shown, until you cancel. Cancel at any time in the billing portal; cancelling takes effect at the end of the period you paid for. There is no free trial. We do not refund part of a period unless the law requires it. If a payment fails, your coaching features are locked until the plan is paid.
You own the programs, plans, videos and other content you create. You give Fizeek a non-exclusive, royalty-free, worldwide license to store, copy, display and deliver it only to run Fizeek for you and your clients.
When you give a client a program or plan, the client may keep using it for their own personal use, including after your coaching ends and after you delete your account. A client keeps what you gave them as part of their record, as our Privacy Policy and Delete Your Account page describe. You confirm that you have the right to everything you upload, and that it follows our Community Guidelines (Terms, Section 04).
You can stop coaching at any time: end each client's coaching, cancel your coach plan, or delete your account. Each client keeps what this agreement and our policies say they keep.
We may suspend or close your coaching account, or remove content, if you break this agreement or the Terms, if clients complain or dispute payments repeatedly, if you give unsafe advice, if Stripe stops supporting your account, or if the law requires it. We will try to tell you first and give the reason, but we do not have to where a client's safety, the law or a serious breach is involved.
Sections 06, 08, 10 and 12 to 14 continue to apply after you stop coaching.
You agree to defend and cover Fizeek LLC and its officers, employees and affiliates against any claim, loss or cost (including reasonable legal fees) arising from your coaching, including the programs, plans and advice you give, any injury, illness or loss a client claims from them, your payments, refunds, chargebacks and taxes, how you handle clients' information, your content, and your breaking this agreement or the law. This does not apply to the extent a claim is caused by Fizeek's own negligence or misconduct.
Fizeek provides the coaching tools “as is.” The disclaimers and limits of liability in the Terms (Sections 16 and 17) apply to you as a coach. To the fullest extent the law allows, Fizeek's total liability to you is limited to the greater of US$100 or what you paid Fizeek for your coach plan in the 12 months before the event giving rise to the claim.
This agreement is governed by the laws of the State of Florida and applicable federal law, without regard to conflict of law rules. Disputes are resolved as Section 23 of the Terms says; anything not decided by arbitration is decided only by the state courts located in Pinellas County, Florida, or the federal court for the Middle District of Florida.
We will tell you at least 30 days before a material change to this agreement takes effect, by email or on the coaching website, and ask you to agree to it again before you continue coaching.
Legal and privacy questions: privacy@fizeekapp.com. Everything else, including help with your coach plan: support@fizeekapp.com.