Coach Agreement — The Fitness Garage

Operator: The Fitness Garage, LLC · Effective date: 2026-10-09 · Version: 2026-10-09

Summary (not a substitute for the full text): you are an independent professional and you are responsible for the services you give your clients; you keep ownership of your material, and you grant TFG a broad license to host it, deliver it to your clients and promote the platform with it; you must own or have rights to everything you upload; your clients' health data is confidential and may only be used to coach them; TFG processes your sales and pays you your share, minus fees, refunds and chargebacks.

1. Parties and acceptance

• 1.1. This Coach Agreement (the "Agreement") is between The Fitness Garage, LLC ("TFG") and you, the coach, trainer, nutrition professional, gym or creator who uses the TFG coach tools ("TFG Coach" / TFG Admin), sells plans through TFG, or uploads material for your clients (the "Coach", "you").
• 1.2. By checking the acceptance box or using the coach tools, you accept this Agreement, the Terms of Use (https://apps.the-fitness-garage.com/legal/terms) and the Privacy Policy (https://apps.the-fitness-garage.com/legal/privacy). If you act on behalf of a company or gym, you represent that you are authorized to bind it, and "you" includes that company.
• 1.3. If you signed a separate written commercial agreement with TFG (for example, specific prices or revenue shares), that agreement prevails on those points; this Agreement applies to everything else.

2. What TFG provides

• 2.1. TFG provides software (the client app on iPhone and Android, the coach tools and the TITAN AI assistant), hosting, a library of exercises and recipes, and payment processing so you can sell and deliver your coaching to your clients ("Clients").
• 2.2. TFG may update, improve, add or remove features. TFG does not guarantee a number of clients, sales or income.

3. Independent relationship

• 3.1. You are an independent professional. Nothing in this Agreement creates an employment, partnership, joint venture, franchise or agency relationship. You decide how, when and at what price you deliver your services, within the rules of this Agreement.
• 3.2. You are solely responsible for your taxes, social security contributions, permits and registrations, including in Mexico before the SAT and in the United States before the IRS. TFG may issue the tax reports that the law requires of payment platforms.
• 3.3. You may not present yourself as an employee or representative of TFG, or make commitments on TFG's behalf.

4. Your professional obligations

• 4.1. You represent that the information about your training, certifications and experience is truthful, and that you hold every license, certification and permit that your activity requires where you and your Clients are located.
• 4.2. Scope of practice. You will not diagnose or treat diseases, prescribe medication, or give medical nutrition therapy unless you are legally licensed to do so. You will not promote, sell or recommend prescription drugs without a prescription, anabolic steroids, or banned or dangerous substances or practices.
• 4.3. Client safety. Before programming, review each Client's health questionnaire and medical history in the app; adapt or refuse programs when there is a risk; recommend medical evaluation when appropriate; and act diligently in the face of warning signs (injury, eating disorder, pregnancy, chronic conditions).
• 4.4. AI. TITAN can propose routines, meal plans and analysis. You are responsible for reviewing what you deliver to your Clients, whether you created it or the AI suggested it.
• 4.5. Insurance. We recommend that you carry professional liability insurance appropriate for your activity; where the law or a gym requires it, it is mandatory.
• 4.6. You will treat Clients with respect, without discrimination or harassment, and you will not have conduct of a sexual nature with them through the platform.

5. Your material and the license you grant TFG

• 5.1. "Your Material" means everything you upload or create in the platform: exercise videos and photos, routines, programs, meal plans, recipes, texts, audio, your name, image, logo and professional profile, and the messages you send.
• 5.2. You keep ownership of Your Material. You grant TFG a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, host, store, reproduce, adapt the format of, translate (for example, between English and Spanish), prepare derivative works from, distribute, publicly display and perform Your Material, in any medium, in connection with the Services and TFG's business, including to deliver it to your Clients, to operate and improve the platform, and to promote the platform, for example in TFG's website, app stores, social networks, presentations and advertising (such as showing your profile, your name, your logo and samples of your programs). By accepting this Agreement you give your express consent for TFG to use and publish your name, voice and image (portrait) as they appear in Your Material and your profile, for the purposes of this Section.
• 5.3. Duration. The license lasts while Your Material is in the platform and, after you remove it or close your account: (a) for a reasonable period to remove it from active systems and backups; (b) for copies already delivered to Clients who purchased or were assigned your plans, during the period those Clients paid for; and (c) for promotional materials produced before the removal, which TFG may keep publishing but will not renew in new campaigns. You may ask us to stop using your name and image in new promotions at any time.
• 5.4. Your warranty. You represent and warrant that you own Your Material or have all the licenses, consents and rights needed to upload it and to grant this license, and that it does not infringe copyright, trademarks, image rights, privacy or any other right. In particular: do not use music, videos, images, recipes or programs from third parties without a license, and obtain written consent from every person who appears in your videos or photos. Content subject to collective licensing (such as commercial music) is your responsibility.
• 5.5. You waive, to the extent permitted by law, any moral right that would prevent TFG from adapting the format of Your Material (resizing, compressing, translating, subtitling) to operate the platform. TFG will not alter its meaning.
• 5.6. You will not receive any payment for the license in this Section other than what this Agreement provides for your sales; the visibility of the platform is part of the consideration. You waive any claim against TFG for uses of Your Material made within this license.

6. TFG's material

• 6.1. TFG grants you a limited, non-exclusive, non-transferable and revocable license to use TFG's exercise library, recipes, templates and TITAN only within the platform and to coach your Clients on TFG.
• 6.2. You may not copy, download in bulk, sell, publish outside the platform or use TFG's material to create a competing product.

7. Client data and confidentiality

• 7.1. Clients' data — especially health data, medical history, measurements, progress photos and messages — is sensitive. You may access only the data of your own Clients, only to coach them, and only while they are your Clients.
• 7.2. You will not sell, rent or share Client data; you will not export it outside the platform except as needed to coach them; and you will not use it for advertising or for contacting them for purposes other than your service, unless they give you express consent. You will not publish photos, results or testimonials of Clients without their express written consent.
• 7.3. You will keep your credentials secure, you will give access to your team members only through the platform's tools and you will be responsible for them, and you will notify TFG immediately at the address in Section 15 of any unauthorized access or loss of data.
• 7.4. For these purposes, you act as a person in charge of processing data on TFG's behalf, and you will comply with the Privacy Policy and with the data protection laws that apply to you (including, in Mexico, the Federal Law on Protection of Personal Data Held by Private Parties).
• 7.5. These confidentiality obligations survive the end of this Agreement.

8. Sales, payments and fees

• 8.1. Your prices. You set the price, content and billing period of your plans in the coach tools. They must be clear and truthful, and they must include everything the Client will receive.
• 8.2. Processing. Sales are processed by TFG through Stripe. You must open and keep active a Stripe connected account and accept the Stripe Connected Account Agreement. TFG collects the payment from the Client and transfers to your connected account the price minus the payment processor's fee and TFG's platform fee, as shown in the coach tools for each plan.
• 8.3. Automatic renewal and cancellation. Recurring plans renew automatically. TFG shows the Client the required disclosures and lets them cancel online; you will not make cancellation difficult or charge for periods after the cancellation.
• 8.4. Refunds, disputes and chargebacks. Refunds you grant, and any refund, dispute or chargeback of your sales (with its fees), are deducted from your balance or from future payouts. If your balance is not enough, you will reimburse TFG within fifteen (15) days of notice. You will cooperate by providing evidence of the service delivered.
• 8.5. TFG fees. The use of the coach tools may be subject to a subscription or platform fee as shown in the coach tools or in your commercial agreement. TFG will notify you at least thirty (30) days in advance of any change to its fees.
• 8.6. Holds. TFG may withhold payouts reasonably in case of suspected fraud, excessive chargebacks, a breach of this Agreement or a legal order.

9. Clients referred by TFG

Clients you bring are yours. For Clients that TFG refers or assigns to you through its marketing, you agree not to move them to services outside the platform to avoid TFG's fees for twelve (12) months from the referral.

10. Prohibited conduct

Besides what the Terms of Use prohibit: uploading infringing content; creating fake reviews or results; promising specific or guaranteed health or weight results; pressuring Clients to buy; using the platform to sell unrelated products without authorization; impersonating others; accessing data that is not yours; or circumventing payment or security controls.

11. Copyright complaints

TFG applies the copyright procedure described in Section 9 of the Terms of Use, may remove Your Material that is the subject of a valid notice, and will terminate the accounts of Coaches who repeatedly infringe.

12. Indemnification

You will defend, indemnify and hold harmless TFG and its owners, employees and suppliers against any claim, damage, fine or expense (including reasonable attorney fees) arising from: your services to Clients; Your Material; your breach of this Agreement or of the law; or any injury or damage caused by your programs or advice.

13. Limitation of liability

To the maximum extent permitted by law, TFG will not be liable for indirect, incidental, consequential or punitive damages, or for lost income, clients or data. TFG's total liability to you under this Agreement will not exceed the fees TFG received from your sales in the three (3) months before the claim.

14. Term and termination

• 14.1. This Agreement applies while you use the coach tools. You may terminate it at any time by closing your coach account; the sales already made must be honored until the end of the periods paid by your Clients, or refunded.
• 14.2. TFG may suspend or terminate your access with notice, or immediately in case of a serious breach (safety of Clients, fraud, infringement, misuse of data).
• 14.3. When the Agreement ends, you may request a copy of Your Material within thirty (30) days. Client data belongs to the Clients and TFG; the Clients keep their accounts. Sections 5.3, 5.4, 7, 8.4, 12, 13 and 16 survive.

15. Notices and contact

TFG will notify you in the coach tools or by email. Your notices: The Fitness Garage, LLC · 1429 Nicholas Lane, Little Elm, TX 75068, USA · info@the-fitness-garage.com.

16. Governing law, changes and language

• 16.1. This Agreement is governed by the laws of the State of Texas, United States. Disputes will be resolved first by direct negotiation for thirty (30) days and, failing that, before the state or federal courts of Denton County, Texas, unless the law grants you a different non-waivable forum.
• 16.2. TFG may modify this Agreement with at least fifteen (15) days' notice; for material changes we will ask you to accept the new version in the coach tools.
• 16.3. Your acceptance by checking a box is your electronic signature. This Agreement is published in English and Spanish with the same content; if there is a discrepancy, the version in the language you used to accept it prevails.
• 16.4. If any provision is held invalid, the rest remains in force. TFG may assign this Agreement in connection with a merger, acquisition or reorganization; you may not assign it without TFG's consent.