THIS AGREEMENT (THE “AGREEMENT” OR “CONTRACT”) IS MADE BETWEEN MONSTER GIRL FITNESS INCORPORATED (“MGF”), ALSO KNOWN AS DRAKA MUAY THAI, AND THE UNDERSIGNED CLIENT (“YOU,” “YOUR,” AND THE “CLIENT” OR “COACHEE”). THIS AGREEMENT IS MADE TO OUTLINE EXPECTATIONS FOR THE CLIENT, FOR THE SERVICES PROVIDED TO THEM. PER THE CLIENT PARTICIPATING IN MGF’S FITNESS CLASSES, PRIVATE SESSIONS AND PROGRAMMING, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE FOLLOWING TERMS APPLY TO ALL LEGALLY BINDING RELATIONS BETWEEN MGF AND THE COACHEE FOR COACHING AND CONSULTING (1) THE COACHING CONTRACT WILL BE CONCLUDED WITH JESSICA PFEIFLE, 8880 48 EDMONTON, ALBERTA T6E 5L1 (2) THE CONTRACT CAN BE CONCLUDED IN-PERSON, OR ON THE SALES WEBSITE COMMENCING FROM DATE SIGNED. SERVICES MGF WILL PROVIDE THE SERVICES FOR THE PACKAGE COACHEE HAS PAID FOR. VARIOUS PACKAGE OPTIONS ARE LISTED BELOW: A) PERSONAL TRAINING I. INDIVIDUALIZED WORKOUT REGIMEN CURATED TO CLIENT GOALS, INJURY HISTORY AND INTERESTS II. ONE SESSION OF PRIVATE COACHING, APPROXIMATELY ONE HOUR IN DURATION III. CONDUCTED IN-PERSON OR VIRTUALLY B) ONLINE FITNESS PROGRAMMING I. WEEKLY CUSTOMIZED WORKOUTS II. ACCESS TO QUICKCOACH APP III. VIDEO DEMOS OF ALL MOVEMENTS IV. OPTION TO SEND VIDEOS FOR REVIEW BY MGF (MAXIMUM 5 MINUTES OF VIDEO CONTENT PER MONTH) V. COMMUNICATION VIA EMAIL AND TEXT, DURING STANDARD BUSINESS HOURS VI. REVIEW AND COMMENTARY OF WORKOUT PER SUBMITTED VIDEOS, INQUIRIES, AND SUBMITTED INFORMATION VIA THE APP C) FITNESS CLASSES I. 50 MINUTE FITNESS SESSION II. 8 CLASSES PER MONTH III. MARTIAL ARTS AND FUNCTIONAL FITNESS INSTRUCTION D) NUTRITION COACHING I. ONE CUSTOMIZED NUTRITION GUIDE II. ONE, 30-MINUTE GOAL SETTING SESSION PHONE CALL III. COMMUNICATION VIA EMAIL AND TEXT, DURING STANDARD BUSINESS HOURS NO ADDITIONAL SERVICES SHALL BE PROVIDED UNLESS AGREED TO BY MGF AND MEMORIALIZED IN WRITING. CLIENT RESPONSIBILITIES A) PAYMENT I. THE COACHEE HAS TO PAY THE CONTRACTUALLY AGREED UPON FEES FOR THE COACHING AND/OR SERVICES II. PAYMENT IS REQUIRED PRIOR TO COMMENCEMENT OF SESSIONS AND SERVICES III. WHEN BOOKING THROUGH THE WEBSITE, THE COACHEE CAN CHOOSE BETWEEN THE FOLLOWING PAYMENT METHODS: STRIPE, IN WHICH CASE THE PAYMENT WILL BE MADE ACCORDING TO THE AGREEMENT BETWEEN THE COACHEE AND STRIPE; FURTHER INFORMATION CAN BE FOUND IN THE TERMS AND CONDITIONS OF STRIPE. BANK E-TRANSFER, IN WHICH CASE THE TRANSFER WILL BE MADE TO MGF ACCOUNT IMMEDIATELY. IV. IF NSF BY THE COACHEE CAUSES FEES, THE COACHEE IS REQUIRED TO PAY THESE FEES B) CANCELLATION POLICY FOR PRIVATE SESSIONS I. FAILURE TO RESCHEDULE A CANCELED SESSION WITHIN 7 DAYS OF THE CANCELATION WILL NULLIFY THE SESSION; CLIENT WILL BE RESPONSIBLE FOR THE LOST TIME AND TRAINING; AND COSTS ASSOCIATED WITH FAILING TO RESCHEDULE THAT SESSION II. CLIENT ACKNOWLEDGES THAT CANCELLATION WITHIN 24 HOURS WILL BE CHARGED THE FULL AMOUNT OF THE SESSION III. RESCHEDULED SESSIONS ARE CHARGED 50% IF THEY ARE MADE OUTSIDE OF THE 24 HOUR WINDOW BUT WITHIN 3 DAYS OF THE SESSION. MORE THAN TWO RESCHEDULED SESSIONS IN A MONTH MAY AFFECT CLIENT’S FUTURE RESERVATIONS IV. CLIENTS MUST MAINTAIN A MINIMUM OF 8 COMPLETED SESSIONS PER MONTH AND FAILURE TO DO SO MAY RESULT IN CHANGES TO SESSION RATES OR LOSS OF PERMANENT OR ONGOING SCHEDULE RESERVATIONS C) CLASS CANCELLATIONS. CLIENTS MUST MAINTAIN THE MINIMUM AMOUNT OF SESSIONS PER MONTH AS SPECIFIED BY THEIR MEMBERSHIP TYPE D) HINDRANCE OF THE COACHEE I. IF THE COACHEE WITHDRAWS FROM THE COACHING, OR REFUSES TO PARTICIPATE FOR ANY VARIOUS REASON, THE COACHEE MUST PAY THE COACHING FEE AND ABIDE BY THE TERMS II. IS UNDER NO OBLIGATION TO ACCEPT A REPLACEMENT COACHEE, EVEN IF THE COACHEE OFFERS A REPLACEMENT COACHEE FOR CANCELED COACHING III. REFUNDS ARE NOT ANTICIPATED AND ARE AWARDED AT THE SOLE DISCRETION OF MGF ASSUMPTION OF RISK E) ASSUMPTION OF RISK I. COACHEE IS AWARE AND UNDERSTANDS THAT PARTICIPATION IN THE MARTIAL ARTS AND FITNESS PROGRAMMING, NUTRITIONAL COACHING, AND RELATED ADVICE, SUGGESTIONS, AND ACTIVITIES (THE “ACTIVITIES”) HAVE INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. SOME OF THESE INVOLVE STRENUOUS EXERTIONS OF THE CARDIOVASCULAR SYSTEM AND MUSCULAR STRENGTH USING VARIOUS MUSCLE GROUPS AND MAY RAISE YOUR BODY TEMPERATURE. THERE IS ALWAYS A RISK OF SERIOUS INJURY AND/OR DEATH II. COACHEE ACKNOWLEDGES THAT THEY ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE RISKS AND DANGER INVOLVED; AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF BODILY AND NEUROLOGICAL INJURIES; INCLUDING, BUT NOT LIMITED TO: ALLERGIC REACTIONS, MALNUTRITION, HEART ATTACK, STROKE, DEATH, PARALYSIS, PARTIAL OR COMPLETE DISABILITY, AND ANY DAMAGES THAT RESULT THEREFROM, WHETHER CAUSED BY THE NEGLIGENCE OF MGF OR OTHERWISE III. COACHEE UNDERSTANDS THAT PART OF THE RISK INVOLVED IN UNDERTAKING ANY OF THE ACTIVITIES IS RELATIVE TO MY OWN STATE OF FITNESS OR HEALTH (PHYSICAL, MENTAL, OR EMOTIONAL) AND TO THE AWARENESS, CARE AND SKILL WHICH YOU CONDUCT YOURSELF IN THAT ACTIVITY OR PROGRAM. IT IS FURTHER ACKNOWLEDGED THAT THERE MAY BE RISKS AND DANGERS NOT KNOWN TO YOU THAT ARE NOT REASONABLY FORESEEABLE AT THIS TIME. COACHEE, UNDERSTANDS AND ASSUMES ALL RISKS ARISING FROM THE ACTIVITIES AND EXPRESSLY ASSUME ALL OF THE DELINEATED RISKS OF INJURY, ALL OTHER POSSIBLE RISKS OF INJURY AND EVEN RISK OF POSSIBLE DEATH, WHICH COULD OCCUR BY REASON OF YOUR PARTICIPATION IN THE ACTIVITIES MGF RESPONSIBILITIES F) CANCELLATION OF THE COACHING I. MAKE-UP CLASSES FOR CLASSES THAT ARE CANCELED (DUE TO WEATHER, HOLIDAYS, VACATIONS, OR ILLNESS) ARE AT DISCRETION OF MGF AND ARE NOT GUARANTEED II. MGF MAY CANCEL THE COACHING IF MGF, OR A THIRD PARTY, WHICH HAS BEEN INSTRUCTED BY MGF TO PROVIDE SERVICES, SUFFERS FROM AN EVENT SUCH AS A RIOT, STRIKE, LOCK-OUT, NATURAL DISASTER, STORM, TRAFFIC PROBLEM OR ILLNESS, WHICH PREVENTS MGF FROM HOLDING THE COACHING AT THE AGREED TIME WITHOUT MGF CULPABILITY III. MGF MUST INFORM THE COACHEE OF A POSSIBLE CANCELLATION AS SOON AS POSSIBLE IV. IN CASE OF CANCELLATION, THE COACHEE IS NOT ENTITLED TO COMPENSATION V. IN CASE OF CANCELLATION, I WILL OFFER A SUBSTITUTE DATE TO THE COACHEE DEPENDENT ON AVAILABILITY VI. FAILURE TO AGREE TO THIS CLAUSE WILL RESULT IN A REFUND OF UNUSED SESSION FEES AND THE RELATIONSHIP WITH COACHEE WILL BE TERMINATED VII. THE REFUND ONLY COVERS THE AMOUNT WHICH MGF ACTUALLY RECEIVED, I.E. MINUS THE EXPENSES AND FEES CAUSED BY THE PAYMENT METHOD CHOSEN BY THE COACHEE VIII. FOR SEMI-PRIVATE SESSIONS, A MINIMUM OF TWO PARTICIPANTS MUST BE BOOKED FOR THE LESSON TO BE CONDUCTED. IF ONLY ONE PARTICIPANT IS REGISTERED FOR THE SESSION, IT WILL BE CANCELLED. THE SESSION WILL NOT BE CHARGED TO THE COACHEES MEDICAL RESPONSIBILITIES G) APPLICATION OF SERVICES I. THE COACHEE IS NOT OBLIGATED TO UNDERGO THE COACHING OR TO IMPLEMENT THE RECOMMENDATIONS GIVEN. THUS, RESULTS ARE ANTICIPATED, BUT NEVER GUARANTEED II. COACHEES BEAR SOLE RESPONSIBILITY FOR THEIR PHYSICAL AND PSYCHOLOGICAL WELL-BEING III. COACHEES RECOGNIZE THAT ALL STEPS AND MEASURES IMPLEMENTED AS PART OF THE COACHING LIE WITHIN THEIR OWN REALM OF RESPONSIBILITY AND SAFETY IV. COACHEE WILL ADVISE THEIR PHYSICIAN OF THE DETAILS OF THE ACTIVITIES IN WHICH YOU PLAN TO PARTICIPATE AND WILL OBTAIN YOUR PHYSICIAN’S CONSENT TO OR APPROVAL OF THOSE PLANS V. COACHEE REPRESENTS THAT THEY ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, ALLERGY, DISEASE, OR AILMENT THAT PREVENTS THEM FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE, OR WHICH WOULD CAUSE AN INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCE AS A RESULT OF SUCH EXERCISE VI. IF APPLICABLE, COACHEE AGREES TO DISCLOSE PRESCRIBED MEDICATIONS AND ANY EXERCISE OR DIET LIMITATIONS, AND AGREES TO INFORM MGF IMMEDIATELY IN THE EVENT THERE ARE ANY CHANGES VII. COACHEE IS AT LEAST 18 YEARS OF AGE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN SIGNATURE IS REQUIRED VIII. MGF DOES NOT PROVIDE MEDICAL TREATMENT. COACHEE UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER MEMBERS, EMPLOYEES, COACHES, CONTRACTORS, OR AFFILIATES HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING ANY MEDICAL CONDITION. MGF IS NOT A DOCTOR, A REGISTERED DIETICIAN, A PHYSICAL THERAPIST NOR A PSYCHOLOGIST. THE SERVICES PROVIDED BY MGF ARE SOLELY OPINION-BASED, AND THEY DO NOT CLAIM TO DIAGNOSE, TREAT, OR CURE ANY CAUSE, CONDITION, OR DISEASE. ALL SUGGESTIONS PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE NOT TO BE CONFUSED WITH MEDICAL ADVICE. ALWAYS COMMUNICATE WITH YOUR DOCTOR TO MAKE ANY DECISIONS OR CHANGES REGARDING YOUR HEALTH, AS YOUR DOCTOR IS THE ONLY ONE WHO KNOWS WHAT IS RIGHT FOR YOU. (9)IN THE EVENT YOU EXPERIENCE ANY ILLNESS, INJURY, DISCOMFORT, IMPAIRMENT OR HEALTH PROBLEM PRIOR TO OR DURING A WORKOUT OR AS A RESULT OF THE COACHING, YOU AGREE TO (I) IMMEDIATELY INFORM MGF OF SUCH PROBLEM, AND (II) CONSULT YOUR PHYSICIAN AND RECONFIRM YOUR PHYSICIAN’S CONSENT TO OR APPROVAL OF YOUR CONTINUED PARTICIPATION IN THE FITNESS PROGRAMMING AND/OR NUTRITIONAL COACHING IX. COACHEE AGREES THAT ALTHOUGH MGF MAY INCLUDE RECOMMENDED CALORIC RANGES, MACRONUTRIENT DISTRIBUTION, AND SUGGESTED FOODS TO INGEST (OR, IN SOME CASES, AVOID) TO BETTER MEET YOUR FITNESS GOALS, MGF IS NOT A NUTRITIONIST OR REGISTERED DIETICIAN (RD), AND MGF IS LEGALLY NOT ALLOWED TO PRESCRIBE A SPECIFIC MEAL PLAN FOR ME. I UNDERSTAND THAT ANY SPECIFIC DIET LIMITATIONS NEED TO BE DISCUSSED WITH MY PHYSICIAN, NUTRITIONIST, OR RD TO ENSURE PROPER MONITORING MGF INTELLECTUAL PROPERTY, MEDIA, AND MARKETING H) COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS, RECORDINGS I. ALL COACHING DOCUMENTS ARE PROTECTED BY COPYRIGHT LAW. THIS CONCERNS THE CONTENT ON MGF WEBSITE AND OTHER COACHING DOCUMENTS. THE COACHEE IS NOT PERMITTED TO COPY, TO DISTRIBUTE OR TO MAKE PUBLIC MGF INTELLECTUAL PROPERTY II. THE COACHEE IS NOT ALLOWED TO MAKE PICTURE, FILM OR AUDIO RECORDINGS OF THE COACHING WITHOUT EXPLICIT PERMISSION GIVEN BY MGF III. PERMISSION WILL BE ASKED PER THE COACHEE IF PRIVATE COACHING SESSIONS MAY BE RECORDED FOR BOTH INTERNAL AND MARKETING PURPOSES. IT IS WITHIN THE COACHEE'S FREE DISCRETION TO GRANT THAT PERMISSION IV. SEMI-PRIVATE AND PRIVATE CLASSES MAY BE RECORDED AND PERMISSION BY PARTICIPANTS IS ASSUMED BY COACHEE ATTENDANCE AND THIS CONTRACT; CLIENT MAY STEP OUT OF THE RECORDING FRAME IF THEY DO NOT WISH TO BE RECORDED CLIENT PERSONAL INFORMATION I) CONFIDENTIALITY I. MGF PLEDGES TO KEEP ALL INFORMATION GAINED IN THE COURSE TRAINING ACTIVITY, WHETHER IT IS ABOUT THE COACHEE'S OPERATIONAL, BUSINESS OR PRIVATE MATTERS, CONFIDENTIAL, INCLUDING AFTER THE TERMINATION OF THE CONTRACT II. MGF PLEDGES TO STORE THE DOCUMENTS RECEIVED FOR THE PURPOSE OF THE COACHING IN A SAFE MANNER AND TO PROTECT THEM AGAINST ACCESS BY THIRD PARTIES III. THIS DOES NOT APPLY IF MGF IS MANDATED LEGALLY TO PROVIDE INFORMATION IV. COACHEE AGREES THAT THEY WILL NOT ATTEMPT TO COPY, DUPLICATE, REPRODUCE, SELL, TRADE, OR RESELL ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, WORKOUTS AND MEAL PLANS, PROVIDED TO COACHEE BY MGF RELATED TO THE FITNESS PROGRAMMING OR NUTRITIONAL COACHING. ANY SUCH ACTIONS ARE STRICTLY PROHIBITED. J) DATA PROTECTION I. FOR THE CONTRACT, CONTRACTUAL DATA ARE COLLECTED (FOR EXAMPLE NAME, ADDRESS AND EMAIL ADDRESS, POSSIBLY ALSO SERVICES USED AND ALL OTHER ELECTRONICALLY TRANSMITTED DATA, WHICH ARE REQUIRED FOR THE PERFORMANCE OF THE CONTRACT). II. CONCERNED INDIVIDUALS MAY AT ANY TIME AND FREE OF CHARGE REQUEST INFORMATION ABOUT THE PERSONAL DATA STORED ABOUT THEM. THEY MAY AT ANY TIME REQUEST THAT INCORRECT DATA BE CORRECTED (ALSO BY WAY OF ADDING INFORMATION) AS WELL AS THE LIMITATION OF THE PROCESSING OF THEIR DATA, OR EVEN THE DELETION OF THEIR DATA THIRD PARTY APPLICATIONS K) USE OF THIRD-PARTY APPLICATIONS AND SOFTWARE; INDEMNIFICATION I. COACHEE UNDERSTANDS AND AGREES THAT MGF MAY EMPLOY, ENGAGE OR USE THIRD-PARTY APPLICATIONS, SOFTWARE, SERVICES, AND THE LIKE, TO ASSIST IN PROVIDING THE SERVICES, SUCH AS THE QUICKCOACH APPLICATION II. COACHEE AGREES THAT MGF IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC HARM, PERSONAL HARM, INJURY, DEATH, PARTIAL OR COMPLETE DISABILITY, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR PHONE SYSTEMS, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, PHONE OR TABLET FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, MISUSE, INCORRECT IMPLEMENTATION, OR MISTAKES OF ANY KIND, RELATED TO YOUR USE OF ANY AND ALL THIRD-PARTY APPLICATIONS, SOFTWARE, OR SERVICES. III. COACHEE AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MEMBERS, EMPLOYEES, COACHES, CONTRACTORS, OR AFFILIATES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD-PARTY RELATED TO YOUR USE OF THE THIRD-PARTY APPLICATION, SOFTWARE, OR SERVICE LEGAL DISPUTES L) MEDIATION I. IN THE CASES OF DISPUTES ARISING FROM THE BUSINESS RELATIONSHIP BETWEEN MGF AND THE COACHEE, BOTH PARTIES MUST STRIVE TO FIND AN AMICABLE SOLUTION II. IF NO AGREEMENT CAN BE REACHED, BOTH PARTIES UNDERTAKE TO SET ASIDE THEIR DIFFERENCES IN A MEDIATION BEFORE GOING TO COURT. THIS HAS NO BEARING ON THE RIGHT TO FILE A SMALL CLAIM III. COACHEE HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST MGF, AND ITS MEMBERS, EMPLOYEES, COACHES, CONTRACTORS, OR AFFILIATES, ON ACCOUNT OF INJURY, DEATH, OR ANY OTHER CLAIM ARISING OUT OF OR ATTRIBUTABLE TO COACHEE PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF MGF OR ANY RELEASES OR OTHERWISE. COACHEE COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST MGF OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE MGF AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. IV. INDEMNIFICATION. COACHEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS MGF AND ALL OTHER RELEASES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD-PARTY RELATED TO THE ACTIVITIES OR THIS AGREEMENT M) ENFORCEMENT I. FOR THE CONTRACT, CONTRACTUAL DATA ARE COLLECTED (FOR EXAMPLE NAME, ADDRESS AND EMAIL ADDRESS, POSSIBLY ALSO SERVICES USED AND ALL OTHER ELECTRONICALLY TRANSMITTED DATA, WHICH ARE REQUIRED FOR THE PERFORMANCE OF THE CONTRACT). II. CONCERNED INDIVIDUALS MAY AT ANY TIME AND FREE OF CHARGE REQUEST INFORMATION ABOUT THE PERSONAL DATA STORED ABOUT THEM. THEY MAY AT ANY TIME REQUEST THAT INCORRECT DATA BE CORRECTED (ALSO BY WAY OF ADDING INFORMATION) AS WELL AS THE LIMITATION OF THE PROCESSING OF THEIR DATA, OR EVEN THE DELETION OF THEIR DATA III. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT, AND THE PROVISION HELD INVALID OR UNENFORCEABLE SHALL BE DEEMED MODIFIED SO AS TO GIVE THE PROVISION THE MAXIMUM EFFECT PERMITTED BY APPLICABLE LAW N) ATTORNEY’S FEES I. IN THE EVENT EITHER PARTY INSTITUTES LEGAL PROCEEDINGS AGAINST THE OTHER FOR BREACH OF OR INTERPRETATION OF THIS AGREEMENT, THE PARTY AGAINST WHOM A JUDGMENT IS ENTERED WILL PAY ALL REASONABLE COSTS AND EXPENSES RELATIVE THERETO, INCLUDING REASONABLE ATTORNEY’S FEES OF THE PREVAILING PARTY AT PRE-TRIAL, TRIAL AND ALL APPELLATE LEVELS O) GOVERNING LAW AND JURISDICTION I. THIS AGREEMENT AND THE RIGHTS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY, PERFORMANCE, AND ENFORCEMENT AND WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICT OF LAWS. ANY ACTION BROUGHT BY ANY PARTY HERETO SHALL BE BROUGHT WITHIN THE PROVINCE OF ALBERTA. II. BY SELECT ‘AGREE’ BELOW, COACHEE HEREBY ENTERS INTO AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHERMORE, I, THE COACHEE, ACKNOWLEDGE AND HAVE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO SIGNING AND FULLY UNDERSTAND ITS CONTENTS