Custom Protocol Agreement

This is the agreement between you ("the Client") and Nikodem Kosowski ("Nikodem") covering a one time, custom health and performance protocol purchased directly, separate from ongoing mentorship. You accept this agreement, and the Refund & Payment Policy, Terms of Service, and Privacy Policy it incorporates, by typing your full legal name at checkout and completing payment, where the checkout screen itself names all four documents. That acceptance (with the name given, the date, and the time) is recorded by Stripe and treated the same as a handwritten signature on every one of them, not only on this page. If you have not read these documents, contact Nikodem before paying.

This is a single written protocol built from the information you provide (an intake form, a call, or messages, depending on what was agreed), delivered once as a private document. It does not include a client portal account, ongoing check-ins, daily tracking, or messaging support unless separately agreed and paid for. The specific scope and fee are whatever was agreed directly with Nikodem and reflected on the invoice or payment page.

Nikodem is a health and performance mentor. He is not a doctor, dietitian, psychologist, or other licensed medical professional, and nothing in the protocol is a medical diagnosis, treatment, or a substitute for professional medical care. Recommendations are based on the information you provide and are not a guarantee of any particular health outcome.

You confirm that you are at least 18 years old and have the legal capacity to enter into this agreement, that you are physically and mentally able to follow the protocol, that you have disclosed any relevant medical conditions, medications, injuries, or pregnancy accurately, and that you will consult a qualified doctor before making any change that could affect a diagnosed condition, medication, or pregnancy. You voluntarily assume all risk of injury, illness, or other adverse outcome that may result from following the protocol, and you release Nikodem from liability for such outcomes to the fullest extent permitted by law, except where caused by his gross negligence or wilful misconduct.

The full payment, non-refund, deposit and balance, instalment, and billing dispute terms are set out in the Refund & Payment Policy, which forms part of this agreement exactly as if set out here in full. By accepting this agreement you also accept that policy.

Your protocol is delivered as a private document link once it is complete. Typical delivery time is communicated directly by Nikodem and is not guaranteed to a specific date unless separately agreed in writing.

Nikodem retains all intellectual property rights, including copyright, in your protocol document. You receive a personal, non-transferable licence to use it for your own health and performance purposes only. You must not copy, screenshot, extract, reproduce, forward, publish, resell, or otherwise redistribute it or any part of it to any third party, or input it into any other service or tool, without Nikodem's prior written consent. This applies even to a single instance, such as sending one screenshot or copied passage to one other person, whether or not it is published publicly or goes any further than that.

Any of this happening without Nikodem's knowledge and written consent is a breach of this agreement, and Nikodem may charge you an additional fee, on top of any other remedy available to him, equal to the full fee agreed for your protocol, for each instance. If Nikodem reasonably believes your protocol has been copied, published, screenshotted, or shared without consent and contacts you about it, you agree to respond within 7 days. If you do not respond within that period, this may be treated as an admission that the unauthorised use occurred, and Nikodem may recover this fee, and any other loss he can show, as a debt owed by you without further notice to you.

To the fullest extent permitted by law, Nikodem's total liability to you arising out of or related to this protocol is limited to the total fee agreed for it, regardless of whether that fee was paid in full, as a deposit, or in instalments at the time the claim arises. Nikodem is not liable for indirect, incidental, or consequential loss. Nothing in this agreement limits liability that cannot legally be limited, including for death or personal injury caused by negligence, or fraud.

This agreement, together with the Refund & Payment Policy, Terms of Service, and Privacy Policy, is the entire agreement between you and Nikodem regarding this protocol. It is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from it.

If you are a consumer resident in the European Union, Norway, Iceland, or Liechtenstein, this section does not remove the protections that consumer law in your own country of residence gives you and that this agreement cannot lawfully take away, including your rights under the Consumer Rights Directive (2011/83/EU) on distance contracts and the 14 day withdrawal period referenced above, the Unfair Contract Terms Directive (93/13/EEC) as implemented in your country, and your right to bring proceedings in the courts of your own country of residence where mandatory consumer protection rules say you may. Nothing in this agreement is intended to exclude or limit any right that the law of your country of residence does not allow to be excluded or limited by contract.

If any part of this agreement is found unenforceable under the law of the place where you live, that part will be limited to whatever is enforceable there, and the rest of this agreement remains in full effect.

Questions about this agreement can go to Nikodem directly through WhatsApp or the contact details provided when this was arranged.