TACTICAL DIETITIAN NUTRITION COACHING

SERVICE AGREEMENT & INFORMED CONSENT

Effective Date: Date of enrollment and initial payment

This Tactical Dietitian Nutrition Coaching Service Agreement and Informed Consent ("Agreement") is entered into between:

Nyx Unlimited LLC d/b/a Tactical Dietitian
956 NASA Pkwy #1036
Houston, TX 77058
("Tactical Dietitian," "Organization," "we," "us," or "our")

and

the individual purchasing or receiving Tactical Dietitian Nutrition Coaching services ("Client," "you," or "your").

By electronically accepting this Agreement, enrolling in Tactical Dietitian Nutrition Coaching, and/or submitting payment, Client acknowledges that Client has read, understands, and agrees to the terms below.

1. NUTRITION COACHING SERVICES

Tactical Dietitian Nutrition Coaching is an individualized nutrition coaching service designed to support performance, recovery, health, body composition, and sustainable behavior change.

Depending on the Client's individual needs and goals, services may include:

Individualized nutrition assessment and recommendations
Calorie and macronutrient recommendations
Nutrition periodization based on training and activity demands
Pre-, during-, and post-exercise fueling strategies
Hydration and electrolyte recommendations
Recovery nutrition strategies
Meal-planning guidance
Food-selection and meal-timing recommendations
Supplement education and guidance within applicable professional scope
Review of relevant laboratory information when appropriate
Guidance related to body-composition goals
Regular nutrition coaching check-ins
Review of nutrition, recovery, lifestyle, and relevant training information
Modification of nutrition recommendations based on progress
Electronic communication with Tactical Dietitian coaching staff
Educational materials, courses, videos, calculators, guides, recipes, and other resources
Access to applicable Tactical Dietitian online communities
Use of third-party coaching, education, communication, and client-management platforms
General guidance regarding physical activity, exercise, recovery, and training as they relate to nutrition, health, and performance

The specific services provided may vary according to Client goals, health status, training status, professional scope of practice, geographic location, and the coaching package purchased.

Tactical Dietitian may reasonably modify the manner in which services are delivered, including technology platforms used, provided that the fundamental nature of the purchased coaching service is not materially reduced.

2. EXERCISE GUIDANCE AND LIMITATIONS

Nutrition Coaching may include discussion and general guidance regarding exercise, physical activity, training load, recovery, cardiovascular fitness, strength training, and other performance-related behaviors when relevant to the Client's nutrition, health, or performance goals.

This guidance may include general recommendations regarding:

Exercise frequency
General training intensity
Cardiovascular activity
Strength-training principles
Recovery
Training-day versus rest-day nutrition
Fueling around exercise
Training-load considerations
General activity targets
Exercise habits and behavior

However, Nutrition Coaching does not include individualized strength-and-conditioning programming or ongoing individualized exercise prescription.

Unless separately purchased, Tactical Dietitian will not provide the Client with a fully individualized training program, detailed workout schedule, individualized exercise progression plan, or ongoing strength-and-conditioning programming as part of the $197 Nutrition Coaching service.

Clients seeking individualized nutrition and individualized training programming should enroll in the applicable Tactical Dietitian Performance Coaching service.

General exercise guidance provided as part of Nutrition Coaching is not physical therapy, rehabilitation, medical treatment, or medical clearance for exercise.

3. SERVICES NOT INCLUDED

Unless specifically identified in the Client's purchased package or separately purchased, Nutrition Coaching does not include:

Individualized strength-and-conditioning programming
Ongoing individualized exercise prescription
Physical therapy or rehabilitation
Physician or medical services
Emergency medical services
Mental health treatment
Medical diagnosis
Prescription of medication
Medical clearance for exercise
VO2 testing
Resting metabolic rate testing
Body-composition testing
Laboratory testing
Diagnostic testing
Supplements, food, exercise equipment, or other physical products
Services outside Tactical Dietitian's professional scope of practice

Performance testing, laboratory services, individualized training services, or other separately offered Tactical Dietitian services may require additional fees, informed-consent documents, waivers, or agreements.

4. PROFESSIONAL NUTRITION SERVICES

Nutrition services are provided within the education, training, credentials, licensure, and professional scope of the Tactical Dietitian professional providing the service.

Nutrition recommendations may be based upon information including, but not limited to:

Health history
Dietary intake
Food preferences
Allergies and intolerances
Training and physical-activity demands
Body-composition goals
Performance goals
Laboratory information when appropriately available
Medications and supplements reported by Client
Lifestyle
Sleep
Recovery
Work demands
Travel
Client preferences, resources, and tolerances

Nutrition recommendations are not a substitute for appropriate medical diagnosis or treatment.

Client is encouraged to maintain an appropriate relationship with a physician and other qualified healthcare professionals.

Tactical Dietitian may recommend that Client seek evaluation, medical clearance, or treatment from another healthcare professional when information or symptoms arise that are outside Tactical Dietitian's professional scope or require additional evaluation.

Tactical Dietitian reserves the right to suspend, modify, or decline nutrition recommendations when doing so is reasonably necessary for Client safety or professional compliance.

5. PROFESSIONAL LICENSURE AND CLIENT LOCATION

Tactical Dietitian will provide professional dietetic and nutrition services only where those services are permitted under applicable professional licensure, scope-of-practice, telehealth, and other applicable laws.

Client agrees to provide accurate information regarding Client's physical location when receiving professional services if requested.

Because professional licensure requirements may vary by jurisdiction, Tactical Dietitian may modify, limit, temporarily suspend, refer, or discontinue particular professional services when Client's location prevents Tactical Dietitian from lawfully providing those services.

When appropriate, Tactical Dietitian may provide general education or refer Client to another appropriately licensed healthcare professional.

6. HEALTH, EXERCISE, AND SAFETY

Client understands that changes in nutrition, physical activity, exercise, hydration, supplementation, and other health behaviors may affect Client's health and physical condition.

Client agrees to disclose relevant health conditions, medications, supplements, allergies, injuries, pregnancy status, symptoms, or other information that may materially affect the safety or appropriateness of nutrition or general exercise guidance.

Physical exercise involves inherent risks, including but not limited to:

Muscle soreness
Strains and sprains
Musculoskeletal injury
Falls
Joint injury
Dizziness
Fainting
Shortness of breath
Abnormal blood-pressure responses
Cardiovascular events
Aggravation of an existing medical condition or injury
Serious injury
In rare circumstances, death

Client should immediately discontinue exercise and seek appropriate medical attention for concerning symptoms including chest pain or pressure, unexplained severe shortness of breath, loss of consciousness, severe dizziness, new neurological symptoms, severe or unusual pain, or signs or symptoms of a medical emergency.

Client is responsible for obtaining medical evaluation or clearance when appropriate or when recommended by a qualified healthcare professional.

7. CLIENT RESPONSIBILITIES

Client acknowledges that successful nutrition coaching requires active participation.

Client agrees to:

Provide accurate and complete information regarding health, nutrition, medications, supplements, allergies, training, physical activity, injuries, symptoms, and other information reasonably relevant to coaching.
Notify Tactical Dietitian of material changes to Client's health, medications, injuries, pregnancy status, medical diagnoses, allergies, or other circumstances that may affect recommendations.
Complete check-ins and assessments as reasonably requested.
Communicate questions, concerns, or barriers that may affect implementation of the nutrition plan.
Use reasonable judgment when implementing nutrition, supplementation, hydration, or general exercise recommendations.
Follow medical instructions provided by Client's physicians and other healthcare professionals.
Maintain appropriate medical care when needed.
Maintain accurate and secure account information for platforms used to deliver services.
Refrain from sharing Client's account credentials or proprietary Tactical Dietitian materials with unauthorized individuals.

Client understands that Tactical Dietitian's recommendations depend substantially upon the accuracy and completeness of the information Client provides.

8. ELECTRONIC AND REMOTE COACHING CONSENT

Client understands that some or all coaching services may be provided electronically.

Electronic services may include:

Video conferencing
Secure messaging
Online forms and assessments
Mobile applications
Client portals
Online education platforms
Email
Electronic documents
Digital health, nutrition, or performance information

Client consents to receiving coaching services through these methods.

Client understands that electronic services involve limitations and risks, including:

Technology failures
Internet interruptions
Delayed communications
Unauthorized access despite reasonable security measures
Platform outages
Incomplete information
Limitations inherent in remote assessment

Tactical Dietitian will use reasonable safeguards appropriate to the services provided but cannot guarantee that electronic systems or third-party platforms will never experience a security or technical failure.

9. COMMUNICATION AND EMERGENCIES

Coaching communication is intended for routine nutrition, performance, recovery, scheduling, and related coaching matters.

Messaging and electronic communication are not continuously monitored.

Tactical Dietitian does not provide emergency medical services through Nutrition Coaching.

Client should not use Tactical Dietitian messaging, email, coaching applications, or community platforms for a medical emergency.

If Client believes Client is experiencing a medical emergency, Client should call 911 or seek appropriate emergency medical care.

Response times may vary based upon business hours, weekends, holidays, staff availability, and the nature of the inquiry.

10. THIRD-PARTY SERVICES AND TECHNOLOGY

Tactical Dietitian may use third-party platforms to provide portions of the coaching service.

These may include platforms for:

Education
Community
Scheduling
Client management
Messaging
Payment processing
Forms and assessments
Video conferencing
Data collection

Third-party services operate under their own terms, privacy practices, availability, and technical requirements.

Tactical Dietitian does not control third-party platforms and cannot guarantee uninterrupted availability.

Temporary interruption of a third-party platform does not automatically constitute a breach of this Agreement when Tactical Dietitian makes reasonable efforts to continue providing the underlying coaching service.

11. FEES AND RECURRING PAYMENT AUTHORIZATION

The current standard fee for Tactical Dietitian Nutrition Coaching is:

$197 per month

unless Client has purchased a different package, promotional rate, household arrangement, legacy rate, or other offer expressly identified at checkout.

Client will be shown the applicable price before completing enrollment.

By enrolling in a recurring coaching plan, Client expressly authorizes Nyx Unlimited LLC d/b/a Tactical Dietitian and its authorized payment processor to charge Client's selected payment method for the amount disclosed at checkout.

For monthly Nutrition Coaching, Client's payment method will be charged approximately every month on the applicable recurring billing date until the subscription is canceled.

Client understands that:

This is a recurring subscription.
Charges will continue until canceled.
The amount and billing frequency will be disclosed before purchase.
Client is responsible for maintaining a valid payment method.
Client may cancel future recurring charges as provided in this Agreement.

Tactical Dietitian will not materially increase Client's recurring subscription price without providing appropriate advance notice and obtaining any consent required by applicable law.

12. CANCELLATION

Client may cancel the recurring coaching subscription at any time before the next billing date through any cancellation method made available by Tactical Dietitian, including applicable online account or subscription-management functionality.

Where electronic enrollment is provided, Tactical Dietitian intends to maintain a reasonably accessible electronic method for cancellation.

Cancellation prevents future recurring charges after the cancellation becomes effective.

Client remains entitled to access applicable paid services through the end of the already-paid billing period unless:

Client requests immediate termination;
access is terminated for material violation of this Agreement; or
another arrangement is agreed upon in writing.

Client is encouraged to cancel before the next scheduled billing date to prevent the next recurring charge.

Tactical Dietitian will not intentionally create unreasonable barriers to cancellation.

13. REFUND POLICY

Except where otherwise expressly stated at checkout or required by applicable law:

Payments are non-refundable once charged.

Cancellation stops future recurring charges but does not ordinarily result in a full or prorated refund for the current billing period.

Failure to use coaching services, complete check-ins, access educational materials, implement recommendations, or communicate with the coaching team does not independently create a right to a refund.

Nothing in this provision eliminates rights that cannot lawfully be waived under applicable consumer-protection law.

14. FAILED PAYMENTS

If Client's payment method is declined or otherwise fails, Tactical Dietitian may make reasonable attempts to collect the outstanding payment.

Tactical Dietitian may suspend access to coaching services while an account remains unpaid.

Suspension for nonpayment does not waive amounts already owed.

Tactical Dietitian may terminate the coaching relationship for continued nonpayment.

15. NO GUARANTEE OF RESULTS

Client understands that nutrition, body composition, health, recovery, fitness, and athletic performance are influenced by numerous factors outside Tactical Dietitian's control.

These include, among other factors:

Genetics
Medical conditions
Training history
Nutrition adherence
Physical activity
Sleep
Stress
Injury
Medication
Recovery
Lifestyle
Environment
Individual biological variation

Tactical Dietitian does not guarantee:

Weight loss
Fat loss
Muscle gain
Specific athletic performance
Specific race times
Specific strength or endurance gains
Specific VO2 changes
Prevention or treatment of disease
Specific laboratory changes
Any other particular health, fitness, or performance outcome

Testimonials or examples of results achieved by other clients do not guarantee that Client will experience similar results.

16. ASSUMPTION OF RISK

Client voluntarily assumes the ordinary and reasonably foreseeable risks associated with implementing nutrition, supplementation, hydration, physical-activity, exercise, and other health or performance recommendations.

Client accepts responsibility for monitoring Client's own symptoms and communicating material concerns to Tactical Dietitian and appropriate healthcare professionals.

Nothing in this Agreement is intended to waive liability that cannot legally be waived under applicable law.

17. PRIVACY AND CONFIDENTIALITY

Tactical Dietitian will handle Client information in accordance with applicable privacy requirements and Tactical Dietitian's applicable privacy practices and policies.

Because coaching may involve health, nutrition, performance, and lifestyle information, Client should use appropriate discretion when communicating through electronic systems.

Tactical Dietitian will not use Client's identifiable health information, photographs, likeness, transformation images, testimonials, performance results, or other personally identifiable information for public marketing or promotional purposes without obtaining appropriate authorization or permission when required.

Participation in a community or group environment may involve information voluntarily disclosed by Client to other participants.

Client is responsible for deciding what personal information Client chooses to disclose publicly or within a group setting.

Tactical Dietitian cannot guarantee that another participant will maintain the confidentiality of information voluntarily disclosed by Client in a community or group setting.

18. COMMUNITY CONDUCT

If Client participates in a Tactical Dietitian community, group program, forum, or other shared environment, Client agrees not to:

Harass, threaten, abuse, or discriminate against others
Publish unlawful, defamatory, threatening, or obscene material
Violate another person's intellectual-property rights
Disclose another participant's private information without authorization
Solicit members for unauthorized commercial purposes
Distribute malware or malicious software
Engage in fraudulent or unlawful activity
Disrupt the reasonable operation of the community

Tactical Dietitian may remove content or suspend or terminate community access for violations of these standards.

19. INTELLECTUAL PROPERTY

All Tactical Dietitian materials remain the intellectual property of Tactical Dietitian or the applicable licensor.

Protected materials may include, without limitation:

Nutrition programs
Meal plans
Recipes
Calculators
Assessments
Videos
Courses
Presentations
Protocols
Guides
PDFs
Worksheets
Educational materials
Graphics
Software
Website content
Coaching methodologies
SPEAR framework materials
Branding
Written materials
Other proprietary resources

Client receives a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use materials provided through the coaching service for Client's personal, non-commercial use.

Client may not, without prior written permission:

Sell or resell Tactical Dietitian materials
Republish or redistribute materials
Upload paid materials to public websites or file-sharing services
Share account access
Copy substantial portions for distribution
Use materials to create a competing commercial service
Provide Tactical Dietitian materials to other individuals, athletes, clients, coaches, businesses, or organizations
Remove proprietary notices or branding for the purpose of redistribution

Termination of this Agreement does not transfer ownership of Tactical Dietitian intellectual property to Client.

20. CLIENT CONTENT AND MARKETING AUTHORIZATION

Client retains ownership of original content Client provides to Tactical Dietitian, subject to any limited use necessary to provide coaching services.

Providing photographs, health information, messages, progress information, testimonials, or other Client content for coaching purposes does not by itself constitute authorization for Tactical Dietitian to publicly use that content for advertising or marketing.

When authorization is required, Tactical Dietitian will obtain separate appropriate permission before publicly using Client-identifiable content for promotional purposes.

21. TERMINATION BY TACTICAL DIETITIAN

Tactical Dietitian may terminate the coaching relationship when reasonably necessary, including for:

Nonpayment
Harassment or abusive conduct
Threatening behavior
Fraud
Misuse of Tactical Dietitian intellectual property
Material violation of this Agreement
Repeated failure to provide information necessary for safe professional services
Circumstances outside Tactical Dietitian's professional scope
Professional licensure restrictions
A breakdown in the professional coaching relationship that materially interferes with effective or safe service

When clinically or professionally appropriate, Tactical Dietitian may recommend that Client seek services from another qualified professional.

Any refund following termination initiated by Tactical Dietitian will be determined according to the circumstances, services already rendered, applicable law, and terms of the purchased package.

22. RELEASE AND LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Client agrees that Tactical Dietitian, Nyx Unlimited LLC, and their respective owners, employees, contractors, coaches, agents, affiliates, and representatives will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from Client's use of the coaching services.

Nothing in this Agreement is intended to waive or limit liability where such waiver or limitation is prohibited by applicable law, including liability that cannot legally be disclaimed.

23. INDEMNIFICATION

To the extent permitted by applicable law, Client agrees to indemnify and hold harmless Nyx Unlimited LLC d/b/a Tactical Dietitian and its owners, employees, contractors, agents, and affiliates from third-party claims arising directly from:

Client's unlawful conduct;
Client's unauthorized commercial distribution or misuse of Tactical Dietitian intellectual property;
Client's material violation of this Agreement; or
Client's intentional misconduct.

This provision is not intended to require Client to indemnify Tactical Dietitian for Tactical Dietitian's own negligence, professional malpractice, or other liability that cannot lawfully be shifted to Client.

24. DISPUTE RESOLUTION

The Parties agree to make a reasonable good-faith effort to resolve disputes informally before initiating formal legal proceedings.

A Party asserting a dispute should provide written notice describing the nature of the dispute and requested resolution.

The Parties will then have a reasonable opportunity to attempt to resolve the matter directly.

Any additional mediation, arbitration, jury-trial waiver, class-action waiver, venue requirement, or other formal dispute-resolution procedure shall be governed by the final dispute-resolution terms approved for use by Nyx Unlimited LLC.

25. GOVERNING LAW AND VENUE

This Agreement shall be governed by the law determined to be applicable to Nyx Unlimited LLC and the services provided, subject to mandatory consumer-protection, professional-licensure, telehealth, and other laws that may apply based upon Client's jurisdiction.

26. CHANGES TO SERVICES OR AGREEMENT

Tactical Dietitian may update administrative or operational aspects of the coaching service from time to time.

Material changes to this Agreement, recurring pricing, or other material subscription terms will be communicated to Client as required by applicable law.

When applicable law requires affirmative consent to a material change, Tactical Dietitian will obtain such consent before the change becomes binding.

Continued use alone will not be treated as consent when applicable law requires a different form of authorization.

27. NOTICES

Formal notices under this Agreement shall be provided in writing.

Notices to Tactical Dietitian may be sent to:

Nyx Unlimited LLC d/b/a Tactical Dietitian
956 NASA Pkwy #1036
Houston, TX 77058

or through Tactical Dietitian's current designated electronic contact method.

Client is responsible for maintaining accurate contact information.

Electronic notices may be used where permitted by applicable law.

28. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in effect to the maximum extent permitted by law.

An invalid provision shall be limited or modified only to the extent necessary to make it enforceable when permitted by law.

29. ENTIRE AGREEMENT

This Agreement, together with any applicable checkout terms, privacy notices, informed-consent forms, package descriptions, and other documents expressly incorporated into the coaching relationship, constitutes the agreement between Tactical Dietitian and Client regarding the Nutrition Coaching services purchased.

This Agreement supersedes prior agreements regarding the same Nutrition Coaching services to the extent those prior terms conflict with this Agreement.

Separate agreements may apply to separately purchased services, including individualized training or performance testing.

30. ELECTRONIC SIGNATURES

Client agrees that electronic signatures, checkboxes, electronic acceptance, and electronically maintained records may be used in connection with this Agreement to the extent permitted by applicable law.

Client intends Client's electronic acceptance to have the same effect as a handwritten signature.

31. CLIENT ACKNOWLEDGMENTS AND INFORMED CONSENT

By accepting this Agreement, Client acknowledges:

Recurring Billing Authorization

I understand that I am purchasing Tactical Dietitian Nutrition Coaching at the price displayed at checkout, which for the standard individual Nutrition Coaching program is currently $197 per month. I understand that my payment method will be charged automatically at the disclosed billing frequency until I cancel. I authorize these recurring charges and understand how to cancel future charges.

Nutrition Services Consent

I understand the nature of the nutrition coaching services being provided and voluntarily consent to receiving individualized nutrition recommendations within Tactical Dietitian's applicable professional scope of practice. I understand that nutrition coaching does not replace appropriate medical diagnosis or treatment.

Exercise Guidance Acknowledgment

I understand that Nutrition Coaching may include general guidance regarding physical activity, exercise, training, fueling, and recovery. I understand that this service does not include individualized strength-and-conditioning programming or ongoing individualized exercise prescription. I understand that exercise involves inherent risks and that I am responsible for obtaining appropriate medical evaluation or clearance when necessary.

Electronic Services Consent

I consent to receiving coaching and communicating with Tactical Dietitian through electronic and third-party platforms and understand the limitations and risks associated with electronic communication and remote services.

No Guarantee of Results

I understand that Tactical Dietitian does not guarantee specific nutrition, health, weight, body-composition, fitness, endurance, or performance outcomes.

Agreement to Terms

I acknowledge that I have had the opportunity to read this Agreement before enrolling. I understand its terms and voluntarily agree to be bound by it.