TACTICAL DIETITIAN ANNUAL NUTRITION COACHING
SERVICE AGREEMENT & INFORMED CONSENT
Effective Date: Date of enrollment and payment
This Tactical Dietitian Annual 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," "we," "us," or "our")
and
the individual purchasing or receiving Annual Nutrition 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 Nutrition 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 Nutrition Coaching price is currently:
$1,970 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 charged automatically at each renewal.
- The renewal price will be the amount disclosed to Client before renewal, subject to applicable notice requirements.
- Client may cancel future renewal charges as provided in this Agreement.
2. SERVICES INCLUDED
Annual Nutrition Coaching is an individualized nutrition coaching service designed to support performance, recovery, health, body composition, and sustainable behavior change.
Services may include:
- Individualized nutrition assessment
- Personalized calorie and macronutrient recommendations
- Nutrition periodization based on training demands
- Pre-, during-, and post-exercise fueling strategies
- Hydration and electrolyte guidance
- Recovery nutrition
- Meal-planning and meal-timing guidance
- Supplement education within applicable professional scope
- Body-composition support
- Regular coaching check-ins
- Review of nutrition, recovery, lifestyle, and relevant training information
- Adjustments to recommendations based on progress
- Coaching communication
- Educational materials and digital resources
- Access to applicable Tactical Dietitian online communities
- General exercise, physical-activity, recovery, and training guidance as it relates to nutrition and performance
Annual members may also receive benefits expressly identified at checkout, including preferred pricing or priority access for separately purchased Tactical Dietitian services.
3. EXERCISE GUIDANCE LIMITATION
Nutrition Coaching may include general recommendations regarding physical activity, training load, cardiovascular activity, strength-training principles, recovery, and exercise habits.
However, Annual Nutrition Coaching does not include individualized strength-and-conditioning programming or ongoing individualized exercise prescription.
Clients seeking individualized nutrition coaching plus individualized training programming should select Tactical Dietitian Performance Coaching.
4. SERVICES NOT INCLUDED
Unless separately purchased or expressly included in writing, Annual Nutrition Coaching does not include:
- Individualized strength-and-conditioning programming
- Physical therapy
- Rehabilitation
- Medical diagnosis
- Physician services
- Emergency medical services
- Mental health treatment
- Prescription medication
- Medical clearance
- VO2 testing
- Resting metabolic rate testing
- Laboratory testing
- Body-composition testing
- Diagnostic testing
- Supplements, food, equipment, or other physical products
Separate services may require separate informed-consent forms, waivers, agreements, and fees.
5. PROFESSIONAL NUTRITION SERVICES
Nutrition services are provided within the education, credentials, licensure, and professional scope of the Tactical Dietitian professional providing the service.
Nutrition recommendations may take into account health history, dietary intake, training demands, body-composition goals, performance goals, laboratory information when appropriate, medications, supplements, lifestyle, sleep, recovery, work demands, and Client preferences.
Nutrition coaching does not replace 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 medical evaluation or referral when circumstances arise outside the applicable professional scope.
6. PROFESSIONAL LICENSURE AND CLIENT LOCATION
Tactical Dietitian will provide professional dietetic and nutrition services only where permitted under applicable professional licensure, scope-of-practice, telehealth, and other laws.
Client agrees to provide accurate location information when reasonably requested.
Tactical Dietitian may modify, limit, refer, suspend, or discontinue particular professional services when Client location or other circumstances prevent the lawful provision of those services.
7. HEALTH AND SAFETY
Client agrees to disclose relevant medical conditions, medications, supplements, allergies, injuries, pregnancy status, symptoms, or other circumstances affecting the appropriateness or safety of recommendations.
Physical activity and exercise involve inherent risks including musculoskeletal injury, dizziness, cardiovascular events, aggravation of existing conditions, and in rare circumstances serious injury or death.
Client is responsible for obtaining appropriate medical evaluation or clearance when necessary.
Client should discontinue exercise and seek appropriate care for concerning symptoms.
8. CLIENT RESPONSIBILITIES
Client agrees to:
- Provide accurate health, nutrition, medication, supplement, injury, and training information
- Update Tactical Dietitian when material circumstances change
- Complete check-ins and assessments as reasonably requested
- Communicate concerns and barriers
- Use reasonable judgment when implementing recommendations
- Maintain appropriate medical care
- Secure Client accounts and passwords
- Use Tactical Dietitian materials only for authorized personal use
Tactical Dietitian's recommendations depend substantially upon the information Client provides.
9. ELECTRONIC SERVICES
Client consents to coaching through electronic systems including client portals, mobile applications, email, video conferencing, messaging, digital forms, and educational platforms.
Client understands that electronic communication carries risks including outages, technical problems, delayed communication, and potential unauthorized access despite reasonable safeguards.
10. COMMUNICATION AND EMERGENCIES
Tactical Dietitian coaching communication is intended for routine coaching matters.
Electronic communication is not continuously monitored.
Tactical Dietitian does not provide emergency medical care.
Client should call 911 or seek appropriate emergency medical services for emergencies.
11. THIRD-PARTY SERVICES
Tactical Dietitian may use third-party services for coaching, scheduling, education, community, payment processing, forms, messaging, and other program functions.
Third-party services are governed by their respective terms and privacy practices.
Temporary technical interruptions do not automatically constitute a breach of this Agreement when Tactical Dietitian makes reasonable efforts to continue providing the underlying service.
12. ANNUAL RECURRING PAYMENT AUTHORIZATION
The standard Annual Nutrition Coaching fee is currently:
$1,970 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:
- at initial enrollment; and
- automatically every 12 months thereafter unless Client cancels before the applicable renewal date.
Client is responsible for maintaining a valid payment method.
If a payment method fails, Tactical Dietitian may make reasonable attempts to process payment and may suspend services until payment is resolved.
13. RENEWAL NOTICE AND PRICE CHANGES
Tactical Dietitian will provide advance notice of an upcoming annual renewal when required by applicable law and intends, as a standard business practice, to provide a reasonable renewal reminder before the next annual charge.
The renewal notice may include:
- Upcoming renewal date
- Renewal amount
- Instructions for cancellation
- Any material changes to the subscription terms
If Tactical Dietitian materially increases the annual subscription price, Client will receive advance notice as required by applicable law.
Where affirmative consent is legally required for a pricing or subscription change, Tactical Dietitian will obtain such consent before charging the changed amount.
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 offered, Tactical Dietitian intends to maintain a reasonably accessible electronic cancellation method.
Cancellation:
- Stops future annual renewal charges
- Does not ordinarily terminate the current prepaid annual term
- Does not ordinarily generate a prorated refund for the remaining portion of the current term
After cancellation, Client may continue receiving applicable coaching services through the end of the paid annual term unless the relationship is terminated earlier under another provision of this Agreement.
Client should cancel before the next 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 coaching payments are non-refundable once services have begun.
The annual price reflects a discounted commitment compared with purchasing twelve individual months of coaching.
Client's decision to:
- Stop participating
- Stop completing check-ins
- Stop accessing resources
- Stop communicating with Tactical Dietitian
- Stop implementing recommendations
does not independently create a right to a full or prorated refund.
Nothing in this provision eliminates refund, cancellation, rescission, or other consumer rights that cannot lawfully be waived.
Tactical Dietitian may elect to provide a refund or account credit in exceptional circumstances at its discretion where legally permitted.
16. NO GUARANTEE OF RESULTS
Tactical Dietitian does not guarantee specific weight, body-composition, laboratory, health, performance, endurance, strength, or other outcomes.
Results depend upon many factors outside Tactical Dietitian's control.
Testimonials and prior Client results do not guarantee similar results.
17. ASSUMPTION OF RISK
Client voluntarily assumes the ordinary and reasonably foreseeable risks associated with implementing nutrition, hydration, supplementation, physical-activity, exercise, and other health or performance recommendations.
Nothing in this Agreement waives liability that cannot legally be waived.
18. PRIVACY AND CONFIDENTIALITY
Tactical Dietitian will handle Client information according to applicable privacy requirements and current privacy practices.
Tactical Dietitian will not publicly use Client-identifiable health information, photographs, testimonials, likeness, or performance results for marketing without appropriate permission or authorization when required.
Information voluntarily shared by Client in group or community environments may be visible to other participants.
19. INTELLECTUAL PROPERTY
All Tactical Dietitian materials remain the property of Tactical Dietitian or the applicable licensor.
Client receives a limited, personal, non-commercial license to use Tactical Dietitian materials.
Client may not resell, redistribute, publish, share paid account access, commercially reproduce, or use Tactical Dietitian materials to develop a competing product or service without written permission.
20. TERMINATION BY TACTICAL DIETITIAN
Tactical Dietitian may terminate services for circumstances including:
- Nonpayment
- Fraud
- Harassment
- Threatening conduct
- Material violation of this Agreement
- 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. RELEASE AND 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 use of the coaching services.
Nothing in this Agreement limits liability that cannot legally be waived.
22. DISPUTE RESOLUTION AND GOVERNING LAW
The Parties agree to make reasonable good-faith efforts to resolve disputes informally before formal proceedings.
23. SEVERABILITY AND ENTIRE AGREEMENT
If any provision is found unenforceable, the remainder of the Agreement remains in force to the maximum extent legally permitted.
This Agreement, applicable checkout terms, privacy documents, and incorporated package descriptions constitute the agreement regarding Annual Nutrition 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 Nutrition Coaching at the price displayed at checkout, currently $1,970 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 Annual Nutrition Coaching provides individualized nutrition coaching but does not include individualized strength-and-conditioning programming.
I consent to receiving professional nutrition services and electronic coaching as described above.
I understand that specific health, nutrition, body-composition, or performance outcomes are not guaranteed.
I acknowledge that I have read and voluntarily agree to this Agreement.