TACTICAL DIETITIAN ANNUAL PERFORMANCE COACHING

SERVICE AGREEMENT & INFORMED CONSENT

Effective Date: Date of enrollment and payment

This Tactical Dietitian Annual Performance 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," "we," "us," or "our")

and

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

By electronically accepting this Agreement and submitting payment, Client acknowledges that Client has read, understands, and agrees to these terms.

1. ANNUAL SUBSCRIPTION TERM AND AUTOMATIC RENEWAL

Client is purchasing a 12-month Annual Performance Coaching subscription.

The initial subscription term begins on the date of enrollment and continues for twelve consecutive months.

Unless Client cancels before the next annual renewal date, the subscription will automatically renew for additional 12-month terms, and Client's authorized payment method will be charged the then-applicable annual subscription price.

The standard Annual Performance Coaching price is currently:

$3,970 billed every 12 months

unless another rate, promotional offer, or pricing arrangement is expressly displayed at checkout.

Client understands that:

• This is an automatically renewing annual subscription.
• The initial payment covers 12 months of coaching.
• The subscription renews every 12 months unless canceled.
• Client's payment method will be automatically charged upon renewal.
• Client may cancel future renewal charges as provided in this Agreement.

2. PERFORMANCE COACHING SERVICES

Annual Performance Coaching integrates individualized nutrition coaching and individualized training programming to support performance, recovery, body composition, health, fitness, and long-term development.

Services may include:

• Individualized nutrition assessment and strategy
• Personalized calories and macronutrients
• Nutrition periodization
• Training and competition fueling
• Hydration and recovery recommendations
• Meal-planning guidance
• Supplement education
• Body-composition support
• Individualized strength-and-conditioning programming
• Individualized exercise progression
• Cardiovascular and conditioning programming as appropriate
• Training-load management
• Performance monitoring
• Regular coaching check-ins
• Review and modification of nutrition and training programs
• Digital workout delivery and tracking
• Coaching communication
• Educational resources
• Applicable community access

Annual members may also receive additional benefits expressly identified at checkout, such as preferred performance-testing rates, annual strategy sessions, or priority scheduling.

3. SERVICES NOT INCLUDED

Unless separately purchased or expressly included, Performance Coaching does not include:

• Physician services
• Emergency medical services
• Physical therapy
• Rehabilitation
• Mental health treatment
• Medical diagnosis
• Prescription medication
• Medical clearance
• VO2 testing
• Resting metabolic rate testing
• Laboratory testing
• Body-composition testing
• Diagnostic testing
• Supplements, equipment, food, or other physical products

Separate performance-testing or professional services may require additional informed consent, waivers, agreements, and fees.

4. PROFESSIONAL NUTRITION SERVICES

Nutrition services are provided within the applicable professional credentials, licensure, training, and scope of practice of the Tactical Dietitian professional providing them.

Nutrition recommendations do not replace appropriate medical diagnosis or treatment.

Tactical Dietitian may refer Client to another healthcare professional when circumstances exceed the applicable professional scope.

5. PROFESSIONAL LICENSURE AND CLIENT LOCATION

Professional dietetic services will be provided only where permitted by applicable professional-licensure, scope-of-practice, telehealth, and related laws.

Client agrees to provide accurate location information when reasonably requested.

Tactical Dietitian may modify, limit, refer, suspend, or discontinue services when Client's location creates a professional-practice restriction.

6. INDIVIDUALIZED TRAINING AND EXERCISE RISK

Annual Performance Coaching includes individualized exercise programming.

Exercise may involve risks including:

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

Client voluntarily chooses to participate with knowledge of these risks.

Training programming is not physical therapy, rehabilitation, medical treatment, or medical clearance.

7. HEALTH AND MEDICAL RESPONSIBILITIES

Client agrees to disclose relevant medical conditions, injuries, medications, supplements, symptoms, pregnancy status, and other information affecting safe participation.

Client is responsible for obtaining medical evaluation or clearance when appropriate.

Client should discontinue activity and seek appropriate care for concerning symptoms.

Tactical Dietitian may modify or suspend programming when safety concerns arise.

8. CLIENT RESPONSIBILITIES

Client agrees to:

• Provide accurate health, nutrition, medication, supplement, injury, and training information
• Notify Tactical Dietitian of material changes
• Complete check-ins and assessments as reasonably requested
• Communicate barriers and concerns
• Use reasonable judgment when exercising
• Follow appropriate medical advice
• Maintain secure account access
• Use Tactical Dietitian materials only for authorized personal use

Coaching recommendations depend substantially upon the accuracy and completeness of information provided by Client.

9. ELECTRONIC SERVICES

Client consents to remote coaching through applicable digital systems, including messaging, video conferencing, client portals, training platforms, forms, email, and educational systems.

Client understands that electronic communication carries inherent security and technical limitations.

10. COMMUNICATION AND EMERGENCIES

Coaching communications are intended for routine coaching matters and are not continuously monitored.

Tactical Dietitian does not provide emergency services.

Client should call 911 or seek appropriate emergency medical attention for emergencies.

11. THIRD-PARTY SERVICES

Tactical Dietitian may use third-party systems for training delivery, coaching, communication, scheduling, education, payment processing, and data collection.

Third-party platforms operate under their own terms and privacy practices.

Temporary failure of a third-party platform does not automatically constitute breach when reasonable efforts are made to continue providing the underlying service.

12. ANNUAL RECURRING PAYMENT AUTHORIZATION

The standard Annual Performance Coaching price is currently:

$3,970 billed every 12 months

unless another rate is expressly disclosed at checkout.

By enrolling, Client expressly authorizes Nyx Unlimited LLC d/b/a Tactical Dietitian and its authorized payment processor to charge Client's selected payment method:

1. at initial enrollment; and
2. automatically every 12 months thereafter unless Client cancels before the applicable renewal date.

Client is responsible for maintaining a valid payment method.

If payment fails, Tactical Dietitian may make reasonable attempts to collect payment and may suspend services until payment is resolved.

13. RENEWAL NOTICE AND PRICE CHANGES

Tactical Dietitian will provide advance notice of upcoming annual renewal when required by applicable law and intends, as a standard business practice, to provide a reasonable reminder before each annual renewal charge.

The renewal communication may include:

• Renewal date
• Renewal amount
• Cancellation instructions
• Material changes to the subscription

If the annual subscription price is materially increased, Tactical Dietitian will provide advance notice as required by applicable law.

Where affirmative consent is required for a pricing or subscription change, Tactical Dietitian will obtain that consent before processing the changed charge.

14. CANCELLATION

Client may cancel automatic renewal at any time before the next annual renewal date through a cancellation method made available by Tactical Dietitian.

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

Cancellation:

• Stops future annual renewal charges
• Does not ordinarily terminate the current prepaid annual term
• Does not ordinarily result in a prorated refund for the remaining current term

Client may continue receiving applicable services through the end of the paid annual subscription period unless services are terminated earlier under another provision of this Agreement.

Client should cancel before the next scheduled renewal date to avoid the next annual charge.

Tactical Dietitian will not intentionally create unreasonable barriers to cancellation.

15. REFUNDS AND EARLY TERMINATION

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

Annual Performance Coaching payments are non-refundable once services have begun.

The annual rate reflects discounted pricing compared with twelve months purchased at the standard monthly rate.

Failure to participate, complete workouts, complete check-ins, use resources, communicate with the coaching team, or implement recommendations does not independently create a right to a full or prorated refund.

Nothing in this provision eliminates refund, cancellation, rescission, or consumer rights that cannot lawfully be waived.

Tactical Dietitian may elect to offer a refund or account credit in exceptional circumstances at its discretion where legally permitted.

16. NO GUARANTEE OF RESULTS

No specific body-composition, nutrition, health, strength, endurance, athletic-performance, laboratory, or other outcome is guaranteed.

Results depend upon numerous factors outside Tactical Dietitian's control.

Testimonials and results achieved by other clients do not guarantee similar results.

17. ASSUMPTION OF RISK

Client voluntarily assumes the ordinary and reasonably foreseeable risks associated with nutrition, exercise, training, and performance-coaching activities.

Nothing in this Agreement waives liability that cannot legally be waived.

18. PRIVACY AND CONFIDENTIALITY

Client information will be handled according to applicable privacy requirements and Tactical Dietitian privacy practices.

Client-identifiable photographs, testimonials, health information, likeness, or results will not be publicly used for marketing without appropriate permission where required.

Information voluntarily disclosed in group or community environments may be visible to other participants.

19. INTELLECTUAL PROPERTY

Tactical Dietitian retains ownership of all coaching, nutrition, exercise, training, educational, assessment, calculator, course, protocol, SPEAR, and other proprietary materials.

Client receives a limited personal, non-commercial license.

Materials may not be redistributed, sold, reproduced commercially, shared with unauthorized persons, or used to create competing commercial services without written permission.

20. TERMINATION BY TACTICAL DIETITIAN

Tactical Dietitian may terminate services for circumstances including:

• Nonpayment
• Fraud
• Harassment
• Threatening conduct
• Material agreement violations
• Misuse of intellectual property
• Safety concerns
• Professional-scope limitations
• Licensure restrictions
• Breakdown of the professional relationship

When Tactical Dietitian terminates coaching without cause or because Tactical Dietitian can no longer lawfully or reasonably provide the purchased services, any appropriate refund or credit for unused services will be determined based upon the circumstances and applicable law.

21. LIMITATION OF LIABILITY

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

Nothing limits liability that cannot legally be waived.

22. DISPUTE RESOLUTION AND GOVERNING LAW

The Parties agree to attempt good-faith informal resolution of disputes before initiating formal proceedings.

23. SEVERABILITY AND ENTIRE AGREEMENT

If any provision is unenforceable, the remaining Agreement continues to the maximum extent permitted by law.

This Agreement and incorporated checkout, privacy, and package terms constitute the agreement regarding Annual Performance Coaching.

24. ELECTRONIC ACCEPTANCE

Electronic signatures, electronic acceptance, and checkboxes may be used to execute this Agreement where permitted by law.

By accepting this Agreement, Client confirms:

I understand that I am purchasing Tactical Dietitian Annual Performance Coaching at the price displayed at checkout, currently $3,970 every 12 months.

I understand that this is an automatically renewing annual subscription and that my payment method will be charged every 12 months until I cancel.

I authorize Nyx Unlimited LLC d/b/a Tactical Dietitian to process these recurring annual charges through its authorized payment processor.

I understand that I may cancel future renewal charges before my next annual renewal date.

I understand that cancellation stops future annual renewals but does not ordinarily result in a prorated refund of the current annual term.

I understand Performance Coaching includes individualized nutrition coaching and individualized strength-and-conditioning programming.

I understand physical exercise involves inherent risks and voluntarily consent to participation.

I consent to receiving electronic coaching services.

I understand that specific health, nutrition, body-composition, fitness, or performance results are not guaranteed.

I acknowledge that I have read and voluntarily agree to this Agreement.