Terms and Conditions — Elite

Last Updated: April 20, 2022

Due to the nature of our programs, and in an effort to protect our intellectual property, we strongly encourage you to read our agreement in its entirety and be sure you agree to all terms before purchasing any of our services.

Below, please find a more detailed outlining of our terms:

This agreement is entered into by and between The Baldwin Group LLC and the undersigned (“Client” or “You”) (collectively, the “Parties”).

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before You are permitted to use any The Baldwin Group LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by The Baldwin Group LLC (for any purpose), whether on a website hosted by The Baldwin Group LLC or a third-party website such as an online course platform or Facebook.com (collectively “the Program”). 

As used in these TOU, the term “Releasees” is defined to include the following: (i) The Baldwin Group LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Grant Baldwin.

SECTION 1: The Program 

As part of the Program discussed on your sales call with Company, You will receive one of the following Programs listed below:

1. Booked and Paid to Speak Elite
  1. Pillar 1: Booked and Paid to Speak Training System (Unlimited Access)
    1. Participants receive all 5 modules included in the digital course library
  2. Pillar 2: Elite Support System (Unlimited Access)
    1. Participants receive email consulting with the Company’s Team;
    2. BPS insiders Private Facebook Community
  3. Pillar 3: Elite Coaching Access
    1. Participants receive an orientation call with a Company coach;
    2. Unlimited Coaching Access via voxer, community, and email
    3. Two weekly group coaching call held via Zoom and Q & A calls;
    4. 1:1 Coaching calls held via Zoom at specific times, TBD, throughout the Program (based on level of Program purchased)
  4. Pillar 4: The Lead Finder
    1. Participants receive 100 qualified speaking gig leads provided after completion of leads module within the Program and delivered in 1 batch of 100 leads
  5. Pillar 5: Bonuses
    1. The BPS Vault (Lifetime access);
    2. Email Scripts, speaking contracts, and all the checklists and internal documents Company uses for booking events;
    3. 12 advanced training sessions with in-demand speakers (Lifetime access);
    4. 12 BPS Implementation Case Studies (Lifetime access)
  6. Additional Program Benefits (“Additional Program Benefits”)
    1. Done For You Speaker Webpage Designed by the Company (includes 1:1 consultation with a Company coach).
2. Booked and Paid to Speak Elite VIP Virtual
  1. Pillar 1: Booked and Paid to Speak Training System (unlimited access)
    1. Participants receive all 5 modules included in Digital Course Library
  2. Pillar 2: Elite Support System (unlimited access)
    1. Participants receive email consulting with the Company’s team;
    2. Access to the private Elite Student Community
  3. Pillar 3: Elite Coaching Access
    1. Participants receive an orientation call with a Company coach;
    2. Unlimited coaching access via Voxer, community, and email;
    3. Two weekly group coaching call held via Zoom and Q & A calls;
    4. 1:1 Coaching calls held via Zoom at specific times, TBD, throughout the Program (based on level of Program purchased)
    5. Elite Virtual VIP Coaching which includes an orientation call with concierge and eight (8) live virtual training sessions, held via Zoom, with Erick Rheam.
  4. Pillar 4: The Lead Finder
    1. Participants receive 600 qualified speaking gig leads provided after completion of leads module within the Program and is delivered over the course of 12 months;
  5. Pillar 5: Bonuses
    1. The BPS Vault (Lifetime access);
    2. Email Scripts, speaking contracts, and all the checklists and internal documents Company uses for booking events;
    3. 12 advanced training sessions with in-demand speakers (Lifetime access);
    4. 12 BPS Implementation Case Studies (Lifetime access)
  6. Additional Program Benefits (“Additional Program Benefits”)
    1. Speaker Demo Video Reel
    2. Speaker Webpage Designed by the Speaker Lab
3. Booked and Paid to Speak Elite Plus
  1. Pillar 1: Booked and Paid to Speak Training System (unlimited access)
    1. Participants receive all 5 modules included in Digital Course Library
  2. Pillar 2: Elite Support System (unlimited access)
    1. Participants receive email consulting with the Company’s team;
    2. Access to the BPS Insiders Private Facebook community
  3. Pillar 3: Elite Coaching Access
    1. Participants receive an orientation call with a Company coach;
    2. Unlimited coaching access via Voxer, community, and email;
    3. Two weekly group coaching call held via Zoom and Q & A calls;
    4. 1:1 Coaching calls held via Zoom at specific times, TBD, throughout the Program (based on level of Program purchased)
  4. Pillar 4: The Lead Finder
    1. Participants receive 300 qualified speaking gig leads provided after completion of leads module and delivered over the course of 3 months – with at least 100 leads per month.
  5. Pillar 5: Bonuses
    1. The BPS Vault (Lifetime access);
    2. Email Scripts, speaking contracts, and all the checklists and internal documents Company uses for booking events;
    3. 12 advanced training sessions with in-demand speakers (Lifetime access);
    4. 12 BPS Implementation Case Studies (Lifetime access)
  6. Additional Program Benefits (“Additional Program Benefits”)
    1. Speaker Demo Video Reel
    2. Speaker Webpage Designed by the Speaker Lab
4. Booked and Paid to Speak Elite Lite
  1. Pillar 1: Booked and Paid to Speak Training System (Unlimited Access)
    1. Participants receive all 5 modules included in the digital course library
  2. Pillar 2: Elite Support System (Unlimited Access)
    1. Participants receive email consulting with the Company’s Team;
    2. BPS insiders Private Facebook Community
  3. Pillar 3: Elite 1:1 Coaching
    1. Participants receive an orientation call with a Company coach;
    2. Two weekly group coaching call held via Zoom and Q & A calls;
    3. Access to Voxer Support for 90 days
  4. Pillar 4: The Lead Finder
    1. Participants receive 50 qualified speaking gig leads provided after completion of leads module within the Program and delivered in one batch of 50 leads.
  5. Pillar 5: Bonuses
    1. The BPS Vault (Lifetime access);
    2. Email Scripts, speaking contracts, and all the checklists and internal documents Company uses for booking events;
    3. 12 advanced training sessions with in-demand speakers (Lifetime access);
    4. 12 BPS Implementation Case Studies (Lifetime access)
  6. Additional Program Benefits (“Additional Program Benefits”)
    1. Done For You Speaker Webpage Designed by the Company (includes 1:1 consultation call with a Company coach)

SECTION 2: Additional Program Benefits – Limited Promotional Offer

Each Program offers additional Program Benefits (“Additional Program Benefits”) (listed in paragraph 1 of these TOU). However, participants must request, via email, the Additional Program Benefits within a specific given time (detailed below). If the Participant fails to request the Additional Program Benefits within the time frame listed below, the Additional Program Benefits will be considered forfeited, and Participant will not be entitled to the Additional Program Benefits during the course of participants enrollment in the Program nor thereafter.

  1. Booked and Paid to Speak Elite: Additional Program Benefit requests must be submitted within 90 days from enrolling into the Program.
  2. Booked and Paid to Speak Elite VIP Virtual: Additional Program Benefit requests must be submitted within 180 days from enrolling into the Program.
  3. Booked and Paid to Speak Elite Plus: Additional Program Benefit requests must be submitted within 180 days from enrolling into the Program.
  4. Booked and Paid to Speak Elite Lite: Additional Program Benefit requests must be submitted within 90 days from enrolling into the Program.

All Additional Program Benefit requests must be emailed to the Company at support@thespeakerlab.com.

SECTION 3: Participants

If You wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

SECTION 4: Bonus Offers

From time to time, Company may offer Program participants Program promotional pricing, discounts, and/or bonus Program content and material (in addition to the Additional Program Benefits), specifically mentioned and discussed on the sales call with a Company sales representative (collectively, the “Bonus Offer”).

In the event the Company offers You a Bonus Offer during your sales call, Company will provide You with the details of the Bonus Offer via email, at the e-mail address You provide in your Program application, within seven (7) business days of your initial call with Company’s sales representative.

SECTION 5: Application Process

In order to participate in the Program, You must complete and submit an application. There is currently no fee associated with applying. However, Company may, in its sole discretion, apply an application fee at any time, and will provide notice to You.

The application will be reviewed by the Company. If the Company believes, in its sole right and discretion, that your application is satisfactory and that You are a great fit for the Program, the Company will provide You with notice of your acceptance and instructions on paying the required Program fees, further detailed in Paragraph 6 of these TOU.

SECTION 6: Payment

You agree to the fees and payment schedule You select while on the sales call with a Company representative.

If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently.

If paying by debit card or credit card, You give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which You will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If You fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, You will remain fully responsible for the full cost of the Program and all payments in any payment plan You have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

SECTION 7: Refunds

Company provides participants with an opportunity to receive a refund within 365-days of purchasing the Program. That money-back guarantee is governed by the following terms below.

Please note that it is in the Company’s sole and absolute discretion to honor refund / money-back guarantee requests and requests are considered on a case-by-case basis. Refunds are not guaranteed.

To qualify for a refund, You: (1) must email the Company within seven (7) business days after 1 year (365 days) of purchasing the Program, to request a refund, and (2) must submit proof that You completed the requirements listed below.

You may contact us at support@thespeakerlab.com and let us know You’d like a refund, along with submitting the required proof below.

The documentation that you are required to submit with your request for a refund includes the documents listed below:

  1. Review each module in the Program;
  2. List of at least 25 prospects;
  3. An email that You’ve sent to 25 of your prospects (including header text);
  4. A link to your speaker website;
  5. A link to your speaker demo video;
  6. A copy of your speaking contract;
  7. Participate in at least 8 group coaching calls; and
  8. Complete a minimum of 5 one-on-one calls with a speaker coach from our team, which take place at the completion of each phase of the Program.

If You request a refund, and do not include all of the required items showing your work in the Program (as listed above) within seven (7) days after the 365th day of purchasing the Program, your refund request will not be considered.

Company will NOT consider nor provide refunds for any request that comes more than 7 days after the 365th day of purchase. After day 7, all payments are non-refundable, and You are responsible for full payment of the fees for the Program regardless of whether You complete the Program.

Please note: If You opted for a payment plan and You do not request a refund within 7 days after the 365th day of purchasing the Program, with the required information / documentation at the time of your refund request, You are required by law to complete the remaining payments of your payment plan.

Upon determining that You are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If You receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted You to use the material and Content, as defined below, provided to You under this TOU. You shall immediately cease using the material and Content and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying participants, and other resources.

All refunds are discretionary as determined by the Company. To further clarify, the Company will not provide refunds for requests made after the 7th day from the 365th day of purchasing the Program and all payments must be made on a timely basis.

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, You persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.

Since we have a clear and explicit refund policy in these TOU that You have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

SECTION 8: Intellectual Property Rights

1. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to You by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

2. The Company’s Limited License to You

If You view, purchase, or access any Program or any of the Content, You will be considered our Licensee. For the avoidance of doubt, You are granted a revocable, non-transferable license for personal, non-commercial use only, limited to You only.

This means You may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.

You are granted lifetime access to the Program materials and Content specifically detailed in paragraph 1 of these TOU, for the life of the Program only.

This means You will have access to the Program materials and Content specifically mentioned in paragraph 1 of these TOU, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content You have purchased.

Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing a refund nor notice to You, if in Company’s discretion You have violated these TOU in any way.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns You or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use You in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

3. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

4. Your License to the Company; Use in Testimonials and Marketing

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, You are representing to us that You are the owner of all such materials and You are at least eighteen (18) years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If You grant such consent, You agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from You or compensation by us to You. You acknowledge that, if You grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain You, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by You to the Company or created by the Company in connection with your participation in any Program. If You grant such consent, You agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to You, to use your likeness and identify You as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by You or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from You and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

5. Request for Permission to Use the Content

If You wish to use any of the Content, or any other intellectual property or property belonging to the Company, You should request permission in writing BEFORE You use the Content by sending an e-mail to support@thespeakerlab.com.

If You are granted permission by the Company, You agree to use the specific Content that the Company allows and only in the ways for which the Company has given You its written permission. If You choose to use the Content in ways that the Company does not specifically give You written permission, You agree now that You will be treated as if You had copied, duplicated and/or stolen such Content from us, and You consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

SECTION 9: Guest Coaches and Coach Substitutes

The Company may have guest or substitute coaches participate and coach in the Program from time to time. Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of their choosing to be a guest or substitute Program coach, without providing advanced notice nor needing advanced consent from any participant(s).

If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.

SECTION 10: Coach-Client Relationship

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.

1. Your Coaches’ Responsibilities
  • Your coaches are trained to use communication skills and coaching tools to support You as an equal partner throughout the coaching process.
  • Your coaches will provide individual guidance to group participants based on information provided to the coaches.
  • Your coaches will answer questions through whatever forum the Program provides, such as via the Company’s website, email, a social media forum, Voxer, private message, or live group coaching call.
2. Your Responsibilities
  • You agree to commit to doing your best at utilizing all available resources provided by the Company.
  • You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
  • You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
  • You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and You agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

SECTION 11: Your Conduct

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means You agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree You will not invite Program participants to participate in events, such as a meetup, seminar, or program without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as speaking coaching services, or other products or services to Program participants, unless You are authorized or requested to do so by the Company.

Please choose carefully the materials that You upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material You post on the Company’s website or in any third-party forums operated by the Company may become public.

You are responsible for Your Material and for any liability that may result from any material You post. You participate, comment, and post material at your own risk. Any communication by You on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content, or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other participants.
  • Causing damage to any Company website or third-party forums operated by the Company.
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software.
  • Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes.
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company.
  • Sharing private and proprietary information from other participants with anyone else.
  • Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content, or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.

If, in the Company’s sole discretion, Your conduct violates these TOU in any way, You agree that the Company may immediately and permanently terminate Your participation in the Program and your access to the Content without refund.

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

SECTION 12: Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.

The Company’s community guidelines are as follows:

A. The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s backgrounds, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

B. The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content, or materials, however, Company does not have a duty to review all comments, posts, content, and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.

C. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.

D. Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.

E. The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base offering of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that You are bound by those rules and they are expressly incorporated into these TOU.

SECTION 13: Confidentiality

Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if You threaten to harm yourself or others. You acknowledge that your communications with your coach are not covered by any doctor-patient privilege or other privilege

You acknowledge that your communications with your coach are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

(a) was in the Company’s possession prior to your participation in the Program;

(b) is generally known to the public or in your circle of friends and family and co-workers; or

(c) the Company may be required by law to disclose.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information You learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You understand and agree that Company may record group coaching calls and share them in the Program, on the Company’s website, or on third-party forums operated by the Company.

You agree You will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers You have done so, this will be grounds for immediate termination of your access to the Program and Content.

SECTION 14: Username and Password

To access certain features of the Program, including any private membership areas, You may need a username and password. It is your responsibility to inform the Company before the Program start date if You do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, You agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that You have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information You provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

SECTION 15: Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if You breach any part of these TOU. In the event of cancellation or termination, You are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on You in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by You or the Company.

In the event You decide to cancel, any default or late payments will be due immediately, subject to the Refund (if all requirements are met) paragraph in these TOU.

SECTION 16: Personal Responsibility, Assumption of Risk, Release, Disclaimers

  1. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to You or your property that might result, whether arising out of the negligence of Releasees or otherwise.
  2. The Program and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if You have specific questions about your own unique situation. The Company disclaims any liability for Your reliance on any opinions or advice contained in the Program.
  3. You agree that You will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If You are in therapy or under the care of a mental health professional, You will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
  4. You acknowledge that, by engaging with the Company for the Program, You voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to You, your personal representatives, assigns, heirs, and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
    In the event that the release and hold harmless provision is held unenforceable for any reason, You agree to limit any damages claimed to the total paid to the Company for the Program.
  5. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results You may receive as a result of your participation in the Program. The Company cannot and does not guarantee that You will achieve any particular result or earnings from your use of the Program, and You understand that results and earnings differ for each individual.
  6. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
  7. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  8. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  9. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

SECTION 17: Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between You and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts You undertake to communicate with Company are done at your own risk.

SECTION 18: Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to its conflict of laws principles. The state and federal court nearest to Thompsons Station, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, You hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

SECTION 19: Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 20: Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by You of these TOU or any representation and warranty made by You herein, (iii) any comment, post, or material You submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by You of applicable law or any agreement or terms with a third party to which You are subject.

SECTION 21: Force Majeure

The Company shall not be deemed in breach of this TOU if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.

SECTION 22: General Provisions

The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified when accessing the Program or via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.