Please carefully read the following terms and conditions relating to your participation in our High Performance Coaching Program (the "Program") conducted by High Performance Coaching ("Provider," "We," "Us," "Company"). By registering for the Program, you (the "Client") signify your acceptance of and obligation to this Agreement and these terms and conditions ("Terms"). If you have objections to the following Terms, you should not register for the Program. By registering for the Program, as signified by your payment, you agree to these terms and digitally sign this Agreement.
TERMS
Section 1: I Am Committed and Able to Afford Coaching
- You agree that you are voluntarily entering this Program and Agreement, and you understand the financial commitment you are making today.
- You acknowledge that you are aware that all recurring payments are automatically invoiced and charged to the credit/debit card on file. Payment receipts are available upon request to [email protected].
- Payments will be processed every 30 days after your initial payment. Any declined payments will be automatically reattempted every 3 calendar days after the decline, but may also be attempted manually any time by the financial department in an attempt to bring your account up-to-date. No scheduled payments will be processed prior to their due date.
- You will commit at least one (1) hour per week for a live coaching session with a Certified High Performance Coach™ (the “Coach”) as assigned by us, and up to another hour per week on self-reflection, homework, and feedback forms as directed by your Coach.
- If you need to reschedule a session, please do so at least 48 hours in advance by calling us at 1-888-330-6441. Missing a scheduled session or failing to cancel within 48 hours will result in a lost session and no credit will be issued for the missed session.
- There will be a time limit in place in which to complete your sessions. From the date of your first coaching session, you must complete your sessions in no more than the number of weeks to complete all one-on-one sessions weekly, plus four (4) weeks. i.e. If your program has 12 one-on-one sessions, you have 16 weeks to complete those sessions. If you have not completed your sessions within that time, we will provide you with audio or video training that will satisfy our obligations to you at our discretion.
- You will fully participate as directed in the program, taking action on principles you learn, completing all homework assignments, and reporting back to your coach as requested.
- Upon completion of your one-on-one sessions, your High Performance Group Coaching sessions will begin [See your package details for how many Group sessions you have]. These sessions will automatically load into your Client Portal, with two session options per week to choose from. If you are unable to attend a session, you will have access to the coach's notes and an audio recording of the session.
- You understand that you are being provided with complimentary bonuses as part of your purchase, and that these bonuses do not carry a financial value in regards to the payments you are making towards this program. Bonus items are subject to change. Cancelling your program will result in the voiding of your bonuses.
- The day after registering for your High Performance Coaching sessions, you will gain access to Growth Masters Unlimited, the largest library of personal development courses ever built. After 6 months of complimentary access, you will be charged $49 per month to maintain access to all the available courses. You can cancel Growth Masters Unlimited at any time by emailing our team at [email protected]. I understand that my order form and initials below serve as my legal digital signature.
- You will also be provided with access to our Growth Summit Home Study course through courses.growth.com. If you have not received an email with your login information within 48 hours of signing up, please reach out to [email protected].
- You will attend a high performance event in the next 12-months, or if you are unable to attend live you may defer your tuition waivers to the next high performance event and the bonus will be considered fulfilled. If you choose to not attend any high performance event at any time, this bonus will be considered fulfilled. If you do wish to attend, you will be sent a link to register and separately be charged a one-time $97 materials fee.
- To the best of your knowledge, there are no circumstances that would inhibit or prevent you from participating in the Program, and your spouse, or any other partner(s), supports you in entering into the Program.
- You agree that you alone are responsible and accountable for your decisions, actions and results in life, and by your participation in this Program, you agree not to attempt to hold Us liable for any such decisions, actions or results, at any time, under any circumstance.
- You acknowledge that you are responsible for keeping all credit/debit card details and contact information current. To update your billing information, call the customer care department at 1-888-330-6441 or email [email protected]
Section 2: I Understand the Disclaimers and Waivers
- You understand and agree that the value you will derive from the Program will be in proportion to the level of effort you put forth; your level of comprehension; your background, skill, and level of desire and willingness to take action on the information provided; and external factors like world events, market conditions, employment, relationships, and other unknowns. Due to these unknowns and the variability across these factors, there is no way of knowing how well you will do or the results you may achieve. Consequently, Provider has not, cannot, and will not make any guarantee of success, growth, income, or savings whether explicit or implied. Any past customer experiences or testimonials you may have heard are only examples of what could be obtained but are not promises of actual results. You understand that there are risks associated with your decision and past results do not represent an indication of future success, growth or earnings.
- You agree that we have not, can not, and will not, make any claims or guarantees of financial, medical, health, or specific results based on this Program. You understand that we offer no professional personal, medical, psychological, legal, therapeutic, accounting, investment, or financial advice in this program, and none of the information contained in the Program should be confused as such advice. You understand that this Program and all the products and services by Provider or its representatives are for educational, informational, and personal development purposes only.
- You agree that we are not responsible for the success or failure of your actions, relationships, or business decisions relating to any information presented by our Company or Coaches, and by your registering for this program you specifically release the Provider and any of its representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through this program and its materials and websites, or any services provided prior to or following this program, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Provider be liable for any special or consequential damages that result from your participation in this Program.
- You understand and agree to defend, indemnify and hold Provider and its officers, directors, employees, independent contractors, agents instructors, coaches, and affiliated companies harmless from and against all damages, liabilities, costs, losses, expenses, claims, and/or judgments, including legal costs and reasonable attorney fees which any of them may incur or become obligated to pay arising out of or resulting from your breach of any representation, warranties, obligations, or duties under this Agreement, or from claims or injury to Provider from the sales or purchase of any products or services.
- YOU ACKNOWLEDGE THAT ALL OF OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" BASIS, AND ALL WARRANTIES, EXPRESS AND IMPLIED, EXCEPT AS SET FORTH IN THE WARRANTY OF SERVICE, IF ANY, ARE DISCLAIMED. In no event will you have the right to recover any indirect, incidental, consequential or exemplary damages or lost profits in any action against Provider, it being agreed that your remedies shall be limited to an action for direct damages, not to exceed the amount paid by you to us.
- Payments are in USD (United States Dollars). Differences and fluctuations in international currency exchange rates are the responsibility of the client. This applies to all payment plans as well as refunds.
Section 3: I Will Keep Content Confidential
- You understand that by participating in our Program, you will be exposed to Our content, curriculum, coaching process, private membership areas, and live events, all of which is our proprietary content and protected intellectual property. You understand that any and all of the ideas, content, and processes in this Program are Provider's private and protected intellectual property, and that it must not be shared, sold, summarized, duplicated, distributed, trained from, or utilized to create derivative works without written permission. You will use this Program and any of our content for educational and/or personal use ONLY, and you will not attempt to transfer or resell the content to any other person or entity.
- You agree that if you provide us with success stories, testimonials or other opinions about your experiences in this Program that you will be truthful and complete in your statements and representations of successes you provide, and that we may use your stories or submissions for promotional purposes at our discretion, in whole or in part, across any medium worldwide, without notification, review, approval, or compensation to you. This authorization includes the right for the Provider to use your name, voice, image, film, video, audio recordings or statements, or any derivative work, in all media.
- You understand that any communications with the Provider may be monitored or recorded for your personal development and our internal review and employee development.
Section 4: I Can Cancel Enrollment
- YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER RECEIVING ACCESS TO YOUR COACHING CLIENT PORTAL, EXCLUDING U.S. LEGAL HOLIDAYS. To cancel this agreement, call the student care department at 1-888-330-6441 and speak with a representative. Alternatively, you can transmit a signed and dated notice of cancellation to us either by email ([email protected]) or facsimile at 480-393-7744. The notice must state that you are canceling the agreement, or words of similar effect. If for any reason you do not receive your online login access within 24 hours of registering, please let us know via the same contact details.
- If after the conclusion of the Program, you are not 100% satisfied with your experience, we will continue to work with you at our cost by providing you with an entire year of Growth Masters Unlimited.
- In the event of a claim or dispute, you will first speak with us in good faith. You must send a written description of your claim by email or certified mail to our corporate office (see customer service section below for contact details). If a resolution cannot be achieved, you may bring an action in court, to be decided by a duly appointed judge, but neither you nor we will have the right to bring any claims before a jury or have a jury trial. Claims and remedies sought as part of a class action, private attorney general or other representative action are hereby voluntarily waived and barred by your participation in the Program, and both parties agree that relief may only be granted on an individual (non-class, non-representative) basis. This agreement shall be governed by and solely construed in accordance with the laws of the State of Arizona. The parties agree that any suit, action or proceeding arising out of, or relating in any manner whatsoever to, this agreement shall be brought in Scottsdale, Arizona, or if in federal court, in Phoenix, Arizona. Each party waives any objection, and irrevocably accepts and submits to the jurisdiction and venue of the aforementioned courts. The parties agree to pay their own fees, costs and expenses including those for counsel, experts, discovery, and witnesses.
- If any portion of this section or Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section, or the Agreement, each of which shall be enforceable to the fullest extent possible, regardless of such invalidity.
- This Agreement is governed by the laws of the State of Arizona. You agree that by registering for this program via our website and providing your initials to these terms and conditions and this Agreement, that you are providing your digital signature, which is equivalent to a handwritten signature as provided in The Federal E-Sign Act.
- If you request to pause or cancel your program after the stated cancellation window (PRIOR TO MIDNIGHT OF THE FIFTH CALENDAR DAY AFTER THE DATE YOU RECEIVE ACCESS TO YOUR CLIENT PORTAL, EXCLUDING U.S. LEGAL HOLIDAYS), you are still financially responsible for any past due, pending, and/or future payments regardless of how many sessions you have completed or payment plan chosen. At the time of your postponement/cancellation request, customer support will notify you of the amount remaining to be paid in full.
Section 5: I Will Contact You with Any Issues
- You agree to email or call us if you have any issues or concerns. Your satisfaction and success is our priority, so feel free to contact us anytime by emailing [email protected]. You can also call us at 1-888-330-6441. All of our customer service representatives are in the United States and speak English, and we strive to return all communications within 1-3 business days.