TACTICAL DIETITIAN PERFORMANCE COACHING

SERVICE AGREEMENT & INFORMED CONSENT

Effective Date: Date of enrollment and initial payment

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

Nyx Unlimited LLC d/b/a Tactical Dietitian
("Tactical Dietitian," "Organization," "we," "us," or "our")

and

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

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

1. PERFORMANCE COACHING SERVICES

Tactical Dietitian Performance Coaching is an individualized nutrition and performance coaching service designed to support performance, recovery, health, fitness, and long-term behavior change.

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

Individualized nutrition assessment and recommendations
Calorie, macronutrient, hydration, fueling, and recovery recommendations
Nutrition periodization based on training demands
Individualized strength and conditioning programming
Exercise programming and progression
Training and performance monitoring
Regular coaching check-ins
Review of nutrition, training, recovery, and lifestyle information
Modification of nutrition and/or training recommendations based on progress
Electronic communication with Tactical Dietitian coaching staff
Educational materials, courses, videos, calculators, guides, and other resources
Access to applicable Tactical Dietitian online communities
Use of third-party coaching, education, communication, and training platforms

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 the technology platforms used, provided that the fundamental nature of the purchased coaching service is not materially reduced.

2. SERVICES NOT INCLUDED

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

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

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

3. 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
Training demands
Body-composition goals
Performance goals
Laboratory information when appropriately available
Medications and supplements reported by Client
Lifestyle
Sleep
Recovery
Work demands
Client preferences 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.

4. 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.

[ATTORNEY REVIEW: Confirm this provision against the jurisdictions in which Tactical Dietitian currently provides dietetic services and the states in which Nyx Unlimited LLC operates.]

5. EXERCISE AND TRAINING SERVICES

Performance Coaching may include individualized strength, conditioning, cardiovascular, mobility, or other exercise programming.

Client understands that exercise involves inherent risks.

Potential risks include, but are 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 voluntarily chooses to participate in exercise and training activities with knowledge of these risks.

Training recommendations provided by Tactical Dietitian are not physical therapy, rehabilitation, medical treatment, or medical clearance for exercise.

6. EXERCISE READINESS AND MEDICAL CLEARANCE

Client represents that Client will disclose relevant health conditions, injuries, limitations, medications, symptoms, or other information that may affect Client's ability to safely participate in exercise.

Client agrees to obtain medical evaluation or clearance when reasonably recommended by Tactical Dietitian or another qualified healthcare professional.

Client should immediately discontinue exercise and seek appropriate medical attention if Client experiences concerning symptoms, including but not limited to:

Chest pain or pressure
Unexplained severe shortness of breath
Loss of consciousness
Severe dizziness
New neurological symptoms
Severe or unusual pain
Signs or symptoms of a medical emergency

Tactical Dietitian reserves the right to modify or suspend exercise programming when safety concerns exist.

7. CLIENT RESPONSIBILITIES

Client acknowledges that successful coaching requires active participation.

Client agrees to:

Provide accurate and complete information regarding health, nutrition, training, medications, supplements, 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, or other circumstances that may affect recommendations.
Complete check-ins and assessments as reasonably requested.
Communicate questions or problems that may affect implementation of the coaching plan.
Use reasonable judgment when performing exercise or implementing nutrition 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
Training applications
Online education platforms
Email
Electronic documents
Digital health 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, training, performance, recovery, scheduling, and related coaching matters.

Messaging and electronic communication are not continuously monitored.

Tactical Dietitian does not provide emergency medical services through the coaching program.

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
Training-program delivery
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 Performance Coaching is:

$297 per month

unless Client has purchased a different package, promotional rate, household/couples arrangement, 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 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, perform prescribed training, 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, fitness, body composition, health, 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
Exercise adherence
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 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 participating in nutrition, exercise, fitness, and performance-coaching activities.

Client acknowledges that recommendations may involve physical activity and changes to nutrition, training, hydration, recovery, and other behaviors.

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.

[ATTORNEY REVIEW: Coordinate this section with the liability waiver/release below and with any separate exercise or performance-testing waiver.]

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, training, 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
Training programs
Exercise 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 programs to other 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 the 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.

[ATTORNEY REVIEW REQUIRED: Counsel should determine the appropriate scope of release and limitation of liability for professional dietetic services, remote exercise programming, and the jurisdictions in which Tactical Dietitian operates.]

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.

[ATTORNEY REVIEW REQUIRED]

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 the 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.

[ATTORNEY REVIEW REQUIRED: The previous Tactical Dietitian agreement selected Washington law, Pierce County venue, and binding arbitration. This provision should not be finalized until counsel determines the appropriate governing jurisdiction and dispute-resolution mechanism for Nyx Unlimited LLC's current operations.]

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.

[ATTORNEY REVIEW REQUIRED: Insert the appropriate governing state, county, venue, and any arbitration provisions after legal review.]

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 the business contact information provided through Tactical Dietitian's current website, client portal, or other designated communication 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 Performance Coaching services purchased.

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

Separate agreements may apply to separately purchased services such as 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 Performance Coaching at the price displayed at checkout, which for the standard individual Performance Coaching program is currently $297 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 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 and Training Consent

I understand that Performance Coaching may include individualized exercise programming and that physical exercise involves inherent risks, including the possibility of injury and, in rare circumstances, serious medical events. I voluntarily choose to participate and agree to disclose relevant medical conditions, symptoms, injuries, and limitations.

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, strength, 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.