Contracted Terms of Service for 1:1 and Transformation Coaching
Last Updated: December 2025
Thank you for choosing Wellness with KK, LLC DBA Kayla Durck Fitness for your coaching services.
BY COMPLETING YOUR PURCHASE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
This 1:1 Coaching Agreement (the “Agreement”) is made by and between WELLNESS WITH KK, LLC, doing business as KAYLA DURCK FITNESS (hereinafter referred to as “Trainer,” “Kayla Durck,” or “KAYLA DURCK FITNESS”) and the individual purchasing coaching services (hereinafter referred to as “Client”). The Trainer and the Client are sometimes collectively referred to in this Agreement as the “Parties.”
ELECTRONIC ACCEPTANCE
By purchasing the online coaching services, you acknowledge that you have read and agree to these Terms of Service, including the initial contracted period selected at sign-up. You consent to transact electronically and agree that your purchase and/or completion of checkout (including any required “I Agree” click or checkbox) constitutes your electronic signature and acceptance of the terms set forth in this Agreement.
ATTACHMENTS
The Client has read and agreed to the terms contained within the Health & Liability Waiver, Acknowledgment of Purchase, Acknowledgment of Health, Acknowledgement of Online Training, Macronutrient and Nutrition Coaching, Assumption of Risk, and Waiver and Release of Liability provisions contained in this Agreement, which are incorporated into this Agreement as if fully set forth herein.
GENERAL TERMS
Client acknowledges and agrees to the services of online 1:1 coaching provided by Trainer KAYLA DURCK FITNESS.
The Trainer will design a tailored program for the Client that reflects the Client's objectives, fitness level, and experience.
The Parties agree to work together for an initial contract term as selected at sign-up. During this time, the agreement is binding and cannot be cancelled, refunded, or reduced.
The Client will be charged on the official start date of the program according to the payment structure selected at sign-up, as follows:
Paid in Full: A one-time payment due at the time of purchase, covering the full initial contract term; or
Monthly Payment Plan: Monthly installments are billed on a recurring monthly basis beginning on the official start date.
The Client understands that all payment structures constitute a binding financial obligation for the full contract term and that discontinuation of participation does not release them from payment responsibility.
Upon completion of the initial contract term, the Agreement shall automatically convert to a month-to-month arrangement unless renewed or terminated. The Client must provide 30 days’ written notice to terminate after the initial term or after any renewal period.
TRAINING PACKAGES & RATES
The Client acknowledges that the selected coaching package at the time of signup determines the level of coaching, resources, and services provided.
Programs may include:
Flexible Coaching Plan
(Asynchronous support delivered through video feedback, text communication, audio responses, and customized programming.)
Live Coaching Plan
(Includes scheduled live coaching calls in addition to customized programming and ongoing support.)
The Client agrees to pay the Trainer according to the rate and billing frequency selected at sign-up and shown on the invoice/checkout.
INITIAL CONTRACTED TERMS
The Client will be charged on the official start date of their initial contracted term and will continue to be charged on a recurring basis for the duration of the contracted period.
The contracted period, as selected at sign-up, cannot be cancelled, refunded, or reduced.
All payments made under this Agreement are non-refundable, and no credits will be issued for unused services except as explicitly stated in this Agreement.
RENEWAL OF AGREEMENT
Upon completion of the initial contracted period, the Client will receive priority renewal as a current client. If the Client does not select a new package or provide a 30-day written notice before the end of their initial contracted term, they will automatically transition to a month-to-month coaching plan.
A 30-day written cancellation notice is required to release coaching spots to the public.
Month-to-month coaching rates and terms are subject to change. The Client will be informed of any updated rates or applicable discounts before renewal, and any changes will be governed by the terms and conditions in effect at that time.
Any discounts applied during the initial contracted period are exclusive to that period and do not carry over upon renewal. Updated rates and applicable discounts will be provided at the time of renewal, subject to the current terms and conditions.
This Agreement remains in full force and effect, governing the rights and obligations of both Parties, unless superseded by a new written agreement.
REFUNDS, RETURNS, AND CANCELLATIONS
The Client understands and agrees that the selected initial contracted period is binding and cannot be cancelled, returned, refunded, or terminated by the Client for any reason. In the event the Client is unable to fulfill their initial contracted terms for any reason, they are required to provide written notice to the Trainer. The Client acknowledges and agrees that they remain financially obligated for the full remaining balance of their contracted agreement. The Client further agrees that the outstanding balance shall be due in full and payable immediately upon termination. The Trainer shall retain all payments made, and the Client will forfeit access to all coaching services, check-ins, and resources.
If the Trainer terminates this Agreement due to no fault of the Client, the Trainer shall refund the Client for any unused portions of services. The Trainer reserves the right to terminate or cancel the Client's program at any time for reasons including, but not limited to, inappropriate behaviour, bullying, harassment, misconduct, or any other actions deemed unacceptable by the Trainer. In such cases, the Client is not entitled to a refund for any used or unused portions of the initial contracted term; the remaining package balance will be due immediately, and the Client will forfeit access to all coaching services, check-ins, and resources.
WARRANTIES & REFUNDS
Due to the nature of this digital service, refunds, returns, or cancellations are not accepted. The results of the services provided by KAYLA DURCK FITNESS are contingent upon the effort and consistency of the Client. As such, KAYLA DURCK FITNESS does not guarantee any specific results or outcomes from the services provided.
The goal of KAYLA DURCK FITNESS as the Trainer is to provide guidance, support, and accountability to help the Client achieve their desired results. However, the Client acknowledges that they are contracting for services with the understanding that there are no warranties or guarantees, either express or implied, offered or made by KAYLA DURCK FITNESS.
Any warranties expressed or implied anywhere, whether oral or written, are hereby declared void and without effect. This Agreement constitutes the entire understanding between the Parties, and there are no warranties, express or implied, in this Agreement.
The length of the initially contracted term and any renewal terms are non-refundable. The Client agrees that once contracted, and any renewals agreed to thereafter, they are committed to the full term of the Agreement, and early termination will NOT result in any refund, additionally requiring a 30-day written notice with any remaining balance due immediately.
WAIVER AND INDEMNITY
The Client agrees to indemnify Trainer KAYLA DURCK FITNESS for any injuries, illnesses, expenses, or even death from the Client's participation in 1:1 Online Training and Nutrition Coaching. The Client is responsible for disclosing any known medical condition or similar information that might affect the Client's ability to participate in the program. The Client agrees to waive all liability claims and understands that they are voluntarily participating in the training and nutrition coaching program.
The Client agrees to immediately inform the Trainer of any changes in their health status, medical conditions, or injuries that may affect their ability to participate in the training program.
EQUIPMENT
The Client is solely responsible for providing, maintaining, and ensuring the safety of all equipment and machinery used during the workouts, including, but not limited to, benches, dumbbells, barbells, and similar items ("Equipment"), gym facility, home equipment, and will have control over the area in which the exercise is performed.
Because of the nature of online training, the Client represents and warrants that any and all equipment provided for training (“Equipment”) is for personal use only. The Trainer has not inspected ANY Equipment and has no knowledge of its condition. The Client understands and takes sole responsibility for the Equipment and any and all equipment used during the program.
The Client acknowledges that the Equipment may malfunction at any point and time and has the potential to result in injury.
The Client takes sole responsibility for any injuries that may occur while using the Equipment and agrees to indemnify KAYLA DURCK FITNESS for any and all medical expenses and lost wages related to the use of the Equipment.
The Client understands that they are responsible for the equipment and machine that they are using and the condition it is in, and release KAYLA DURCK FITNESS of any and all liability.
APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Colorado.
HEALTH & LIABILITY WAIVER
The Client acknowledges and affirms that they have obtained, or have had the opportunity to obtain, medical clearance from a licensed healthcare professional confirming that they are physically able to participate in the fitness, nutrition, and lifestyle programming (“Services”) provided by the Trainer. The Client understands and agrees that participation in any fitness or nutrition program inherently involves risks, including but not limited to musculoskeletal injury, cardiovascular events, adverse physical reactions, exacerbation of existing conditions, illness, or, in rare circumstances, death.
By voluntarily participating in the Services, the Client knowingly and voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and accepts full responsibility for their own health and well-being throughout the duration of the program.
No Medical Services Provided
The Client understands that the Trainer is not a physician, registered dietitian, or licensed medical provider, and does not diagnose, treat, or prescribe for any medical, physical, or psychological condition. All training, nutrition, and lifestyle recommendations are provided solely for educational and informational purposes.
Accuracy of Health Information
The Client represents and warrants that all information disclosed regarding their medical history, physical condition, limitations, medications, and other relevant health considerations is complete and accurate. The Client agrees to promptly notify the Trainer of any changes to their health status that may impact participation in the Services.
Assumption of Risk
The Client expressly assumes full responsibility for any and all risks associated with participation in the Services, including injury, illness, or adverse outcomes resulting from exercise, nutritional changes, physical exertion, or lifestyle recommendations. The Client understands that results are individualized and not guaranteed.
Release of Liability
To the fullest extent permitted by applicable law, the Client releases, waives, discharges, and holds harmless KAYLA DURCK FITNESS, its owner, employees, contractors, agents, successors, and assigns from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or relating to the Client’s participation in the Services, including claims arising from negligence (excluding gross negligence or willful misconduct).
Indemnification
The Client agrees to indemnify, defend, and hold harmless the Trainer from any and all third-party claims, damages, judgments, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or attributable to the Client’s actions, omissions, or participation in the Services.
Voluntary Participation
The Client affirms that participation in the Services is voluntary and that they may discontinue participation at any time. The Client understands that discontinuation does not release them from any financial or contractual obligations agreed to in this Agreement.
ACKNOWLEDGMENT OF PURCHASE
By purchasing online coaching and personal training services, which may include, but are not limited to, nutrition guidance, fitness plans, and macronutrient strategies, the Client voluntarily agrees to participate in a program that includes, but is not limited to, macronutrient support and physical exercises such as strength training, flexibility development, and aerobic exercise (collectively referred to as the "Activities").
The Client acknowledges that participation in these Activities may involve physical exertion and carries inherent risks, including the potential for injury. The Client understands and accepts that engaging in these Activities may result in injury, discomfort, or other health-related issues. It is the Client’s responsibility to inform the Trainer of any pain, discomfort, or concerns that arise during the course of the program.
The Client acknowledges that the recommendations provided by the Trainer, including but not limited to nutritional advice, exercise routines, workout plans, and form corrections, are intended as suggestions only. The Client voluntarily chooses to follow this advice and agrees to seek approval from their healthcare professional before participating in any physical activity, making dietary changes, or following any advice provided by the Trainer.
By purchasing the services, the Client affirms that they are participating voluntarily and are fully aware of the risks involved in the program. The Client understands that they are solely responsible for their participation and any outcomes associated with their engagement in the Activities.
ACKNOWLEDGMENT OF HEALTH
The Client declares they are physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent their participation in training sessions or use of Equipment (as defined above). The Client acknowledges they have been informed of the need for a physician’s approval for participation in an exercise/fitness activity or in the use of Equipment. The Client recognizes it is their sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. The Client acknowledges they have either had a physical examination and been given a physician’s permission to participate or that the Client has chosen not to obtain a physician’s permission prior to beginning this exercise program with Trainer.
The Client fully understands and acknowledges the inherent risks involved in physical activity, including but not limited to the risk of injury, illness, or death, and agrees to assume all such risks.
ACKNOWLEDGEMENT OF ONLINE TRAINING, MACRONUTRIENT AND NUTRITION COACHING
The Trainer, KAYLA DURCK FITNESS, is a Certified Personal Trainer, Fitness Nutrition Specialist, and Precision Nutrition Level 1 Coach. However, the Trainer is not a licensed Nutritionist or Registered Dietitian and, as such, is not qualified to provide custom nutrition meal plans. Any meal plans provided by the Trainer will be tailored to macronutrient goals and will offer general meal ideas and recipe suggestions to help achieve those goals.
All nutritional guidance, including advice on macronutrients, meal plans, supplements, food, drink, and health-related recommendations, is for informational purposes only and is considered a suggestion. By enrolling in this online program and utilizing its services, the Client understands that KAYLA DURCK FITNESS will provide guidance related to macronutrient distribution, nutrition support, recipes, and meal suggestions aimed at improving the Client’s dietary habits. However, all such suggestions are voluntary and should not be construed as medical advice.
The Client acknowledges that any recommendations regarding food, nutrition, and supplements—including, but not limited to, protein, pre-workout supplements, and recovery products—are purely suggestions. The Client is encouraged to consult with a healthcare professional or registered dietitian before making any significant dietary changes or using supplements.
Additionally, KAYLA DURCK FITNESS may receive a commission from links provided for supplements and other products. These links are for products the Trainer personally uses and recommends, but the Client is under no obligation to purchase through these links. These product suggestions are optional and are not requirements of the program.
PICTURES & USAGE
The Client grants the Trainer the right to use any transformation photos in perpetuity for marketing and promotional purposes, including but not limited to social media posts and email marketing, even after the Client no longer participates in the coaching program.
The Client agrees that they will NOT receive any compensation, financial or otherwise, for the use of their photographs in social media or marketing collateral.
The Client will stay anonymous unless the Client requests to be tagged or identified.
THE ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements, promises, or discussions. Any amendments or modifications to this Agreement must be made in writing. There are no collateral agreements, representations, or guarantees, oral or otherwise.
In the event that any provision of this Agreement is determined to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. The remainder of the Agreement shall continue in full force and effect and not affect the validity of any other provision.
CONTRACTS OF SERVICES
The Client’s terms and obligations are established at the time of service sign-up. Coaching services will be conducted through the fitness application Trainerize.
The Client acknowledges and agrees that there are no refunds, returns, reductions, cancellations, or terminations permitted during the initial contracted period. The Client will retain their coaching spot until the conclusion of their contracted term, at which point termination will occur unless the contract is renewed. Upon termination, the Client must reapply for coaching through the waitlist, and their coaching spot will be released.
No Warranties: The Trainer provides coaching services on an "as-is" and "as-available" basis, without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or results. The Trainer makes no guarantees regarding specific outcomes or performance improvements.
ASSUMPTION OF RISK
The Client understands and acknowledges that participation in Activities, including the use of equipment, involves inherent risks and is potentially hazardous. Such risks include, but are not limited to, injuries or physical and mental changes (“Injuries and Changes”) resulting from abnormal blood pressure, fainting, irregular heartbeat, heart attack, disability, or death. The Client acknowledges these Injuries and Changes may result in partial or total disability, impacting their capacity for gainful employment or maintaining normal social activities.
The Client voluntarily participates in these Activities and uses Equipment with full awareness of the inherent risks involved. The Client expressly assumes sole responsibility for all Injuries and Changes sustained by themselves and/or others, including the Trainer, arising from any Activities associated with the Trainer’s instruction, regardless of whether these risks are specifically outlined herein or reasonably foreseeable. The Client further acknowledges and accepts sole responsibility for their safety, both during the term of the contract and following its expiration or termination, notwithstanding any precautions taken by the Trainer.
WAIVER AND RELEASE OF LIABILITY
In consideration of the Trainer's agreement to instruct, assist, and train the Client, the Client hereby agrees to hold the Trainer (KAYLA DURCK FITNESS) harmless from any and all claims, demands, expenses, damages, rights of action, or causes of action, present or future, arising out of or connected to the Client's participation in any and all activities, use of equipment, or any and all acts or omissions, including negligence by the Trainer, occurring during the term of the contract and continuing after its expiration or termination.
This waiver and release of liability includes, but is not limited to:
(a) Injuries and changes to the Client and/or others, including but not limited to the Trainer, that may occur as a result of: (i) Equipment malfunction or breakage; (ii) Any and all defects, latent or apparent, in the design or condition of Equipment; (iii) Any slips, falls, or dropping of Equipment; (iv) Improper maintenance of equipment or facilities; (v) Hazardous conditions existing on the premises, including but not limited to the workout area.
(b) Damage to property, including but not limited to Equipment and premises.
The Client expressly acknowledges and agrees that this waiver and release shall remain in full force and effect following the termination or expiration of the contract, covering any activities or claims related to the training relationship or use of equipment and facilities that may arise thereafter.
CONCLUSION & ACCEPTANCE
The Client acknowledges and agrees that no warranties or representations have been made regarding specific results or outcomes from participation in the program. The Client understands that results are individualized and may vary, depending on their personal effort, adherence, and participation in the program.
The Client understands and agrees that their payment method will be charged automatically according to the agreed payment terms.
By purchasing and enrolling in coaching services, the Client confirms they have read, understood, and agreed to the terms and conditions outlined herein.