Terms and Conditions of Use – Coaches

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR APPLICATIONS CAREFULLY. This should be read with the General Terms and Conditions document.

The terms “9zest”, “4DxFitness”, “we,” “us,” or “our” used herein refer to 9zest, Inc. and/or its affiliates; “you” or “yours” refer to Coach; and “Member” refers to the User of Coach’s services.

1. COMPENSATION

The Coach hereby agrees to furnish and provide appropriate knowledge, skills, supervision, labor, equipment, materials, and all other items necessary to perform the services specified in an Appendix A.-_, attached hereto. Each Appendix A. shall be sequentially numbered, starting with “A.-1.”. The Appendices A.-_, by reference herein, are incorporated and made a part hereof

2. RESPONSIBILITIES OF THE COACH

Coach warrants and agrees:

To Business Associate Agreement

To abide by the guidelines of 9zest.

Not to divulge any personal details of users to anyone through transmission media, leftover message on a terminal, social media, gmail, skype, whatsapp, group sessions, devising programs, advertising on the website, talking to their friends/family, and shall be responsible for maintaining the confidentiality of the users. In such event Coach shall be solely responsible to the user and hereby agrees to release, waive, indemnify and hold 9zest harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against 9zest arising from or related to disclosure of any confidential or personal information of the user.

That he/she shall not keep a record of conversations by any means with the user other than through the Websites and/or Application, if such a facility is provided.

To ensure smooth functioning of process on 9zest by having adequate internet and power supply.

To take all the responsibility to handle the dispute if any between himself/herself and users of 9zest.

To recommend users to seek advice of a physician who can perform an in-person physical examination.

To advise the users that your advice is not a substitute for the advice of a physician after physical examination and it is only for informational purposes.

To participate in the designated 9zest qualifying program.

To authorize 9zest or its duly appointed representative to

Access any records required to verify my statements herein.

Obtain and use information from my submitted profile:

To confirm my initial and ongoing eligibility of being and maintaining a 9zest Coach position.

To make it available to 9zest site, members, advertising and promotional programs.

To provide or update skype id, phone, email, address within 3 days of any the change

That 9zest reserves the right to give preferential treatment in assignments. The preferential treatment may be based on but not limited to the Coach’s subject matter expertise, experience, rating, location, timezone, availability, cost to the Coach, language and social skills.

That 9zest reserves the right to terminate based on misconduct, poor rating, complaints or not taking action to address to 9zest notice or warnings. Final payment in the case of termination will be made only after assessment of all the accrued charges and settlements with the 9zest members, entities and third party services.

2. INDEPENDENT CONTRACTORS

Coaches engaged through our Services are independent contractors. Nothing herein shall constitute or be deemed to constitute a partnership, joint venture or employment relationship between 9zest and Coaches and they shall not have any authority to bind 9zest in any way as employer under any laws.