The Coach represents, warrants and agrees as follows:
All information provided by the Client to the Coach during the course of the coaching relationship will be deemed "Confidential Information" and kept strictly confidential unless otherwise agreed in writing. The Coach will not disclose any communications, either verbal or written, that have taken place either between the Coach and the Client or with regard to this Agreement without the prior written consent of the Client.
This confidentiality restriction also applies to testimonials, which the Coach may use for promotional reasons only with the consent of the Client. The Client may request anonymity in connection with any testimonials to be used.
The Client represents, warrants and agreese as follows:
To maintain the confidentiality of any and all confidential information shared during the course of group activities. Confidential information includes, but is not limited to, personal experiences and data, business strategies, financial information, and any other sensitive or personal information disclosed in written, oral, or electronic form.
To not disclose, distribute, or use any confidential information for any purpose other than the activities of the group without the prior written consent of the disclosing member. This obligation of confidentiality shall survive the termination of group membership and continue indefinitely.
To not disclose, distribute, share access, or utilize any intellectual property belonging to The F.I.T. LIFE Method Academy Inc for any purposes other than personal use, without explicit written permission from The F.I.T. LIFE Method Academy Inc.
Notwithstanding the foregoing, "Confidential Information" does not include information that is:
(a) previously known to the Coach or Client prior to discussions regarding this Agreement, free from any obligation to keep it confidential, or
(b) publicly disclosed by the Client either prior to or subsequent to the receipt by the Coach of such information, or
(c) independently developed by the Coach without any access to Confidential Information, or
(d) rightfully obtained by the Coach from a third party lawfully in possession of Confidential Information who is not bound by confidentiality obligations to the Client.
The Coach may disclose Confidential Information if required to do so under applicable law, rule or order; provided that the Coach, where reasonably practicable and to the extent legally permissible, provides the Client with prior written notice of the required disclosure. The Coach will return, or destroy all copies of the Confidential Information in the Coach’s possession or control upon termination of this Agreement, at the Client's request.
Any breach of this confidentiality agreement may result in removal from the group and/or legal action.