SUCCESS Coaching Terms & Conditions
Effective date: March 30, 2022
By checking this box, you confirm that you understand:
You will be automatically billed every month for the coaching services after 30 days.
You cannot receive a refund of any sort for the previous months as the coaching services have been fulfilled.
You understand that if you cancel, you lose access to the community, all course material, and all bonus material.
You will be alerted by email when new course material is released. You can unsubscribe at any time to halt future emails.
You also agree to the following Terms and Conditions:
These terms and conditions are valid as of the date that Client signs up for coaching through the SUCCESS® COACHING web page. Notwithstanding the above, SUCCESS® Enterprises LLC (“SUCCESS®”) may introduce changes to these Terms and Conditions in its sole discretion. In such cases, changes shall immediately take effect upon notice to you that these Terms and Conditions have been changed.
1. Coach-Client Relationship
a. Coach is a SUCCESS® Certified Coach. This means that Coach has successfully completed the SUCCESS® Enterprises Certified Coach Training Course.
b. All products and services by SUCCESS®, including coaching, are for educational and informational purposes only. Your level of success in attaining any stated ideas or strategies in our programs or on our websites is dependent upon a number of factors that differ per individual. Therefore, we cannot guarantee your specific success or results in any area of life or any endeavor. As stipulated by law, we make no guarantees that you will achieve any specific results from our information, programs or services and we offer no licensed or professional medical, legal, therapeutic, tax, or financial advice in this program. The information contained herein cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, financial, or legal matters. You alone are responsible and accountable for your decisions, actions, and results in life, and by your registration here today and use of our programs or websites at any time, you agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance.
c. Client acknowledges that coaching is a comprehensive process that may involve different areas of Client’s life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
d. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2. Services
a. The Parties agree that SUCCESS® will provide a SUCCESS® Certified Coach to Client for coaching through video and telephone meetings (“Coaching Services”), primarily through SUCCESS’® proprietary coaching platform.
3. Schedule and Fees
a. The level and fees for the Coaching Services are the same as those selected by client when previously signing up through the SUCCESS® Coaching web page.
4. Refunds of Coaching Fees
Fees which Client has paid for unused coaching services are non-refundable, except as otherwise provided for in this Section 3.b, unless within seventy-two (72) hours of execution of this Agreement, Client notifies SUCCESS® that Client wishes to cancel this Agreement, in which case all prepaid coaching fees shall be refunded. After seventy-two (72) hours of execution of this Agreement, fees which Client has paid for are refundable except for the fees covering the next calendar month following the month in which notice of cancellation is made. For avoidance of confusion, if Client prepays six (6) months of Top Producer Coaching fees in the amount of $6,000 and notifies SUCCESS® that they wish to cancel this Agreement within seventy-two (72), Client will receive a refund of $5,000. If Client prepays six (6) months of Top Producer Coaching fees in August in the amount of $6,000 and notifies SUCCESS® on October 15 that the Client wishes to cancel, then Coaching fees for December and January will be refunded in the total amount of $2,000.
5. Procedure
a. The time and/or platform of the Coaching Services will be a mutually agreed upon time by Coach and Client with a presumption for using SUCCESS’® platform.
b. Client must give Coach at least twenty-four (24) hours’ notice to cancel or reschedule a coaching session. If Client fails to give twenty-four (24) hours’ notice the coaching session will be counted towards the number of sessions in Client’s selected coaching program.
6. Confidentiality
a. This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, will be kept confidential. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
b. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
7. Release of Information
a. The Coach engages in training and continuing education pursuing and/or maintaining certification as a SUCCESS® Certified Coach. As part of our quality assurance, SUCCESS® may contact you, by phone or email, for feedback to make sure that you are getting the most value for your Coaching Services. It will likely take the form of a survey. By signing this agreement, you agree to have only your name, contact information, and start and end dates of your Coaching Services shared with SUCCESS® staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.
Client ____________
b. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
8. Limited Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, COACH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE COACHING SERVICES NEGOTIATED, AGREED UPON AND RENDERED. IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MAY INCUR, THE COACH’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND THE CLIENT’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COACH UNDER THIS AGREEMENT FOR ALL COACHING SERVICES RENDERED FOR THE TWELVE (12) MONTHS PRIOR TO THE TERMINATION DATE.
9. Entire Agreement
This document reflects the entire agreement between SUCCESS® and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both SUCCESS® and the Client.
10. Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
11. Indemnification.
You agree to defend, indemnify, and hold SUCCESS® and its affiliates harmless from and against any and all third-party claims, demands, costs, liabilities, judgments, losses, expenses, and damages (“Claim”) (including attorneys’ costs and fees) arising out of, in connection with, or related to (a) your participation in the Coaching Services; (b) your use of any recommendations, advice, and information received during the coaching services; (c) the termination of your Coaching Services by SUCCESS® pursuant to the terms in this Agreement. In the event SUCCESS® seeks indemnification from you under this provision, SUCCESS® will promptly notify you in writing of the Claim(s) brought against SUCCESS® for which it seeks indemnification and, at SUCCESS’® discretion, permit you, through counsel acceptable to SUCCESS®, to answer and defend such Claim. You may not settle any Claim on SUCCESS’® behalf without first obtaining SUCCESS’® written permission, which will not be unreasonably withheld, and you will not publicize the settlement without SUCCESS’® prior written permission. SUCCESS’® reserves the right, at its option, to assume full control of the defense of such Claim with legal counsel of its choice. If it so undertakes, any settlement of such Claim requiring payment from you will be subject to your prior written approval. You will reimburse SUCCESS® upon demand for any expenses reasonably incurred by SUCCESS® in defending such a Claim, including, without limitation, attorneys’ fees, and costs, as well as any judgment on or settlement of the Claim in respect to which the foregoing relates.
12. Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be made by emailing coaching@success.com and legal@success.com. Any notice to SUCCESS® that is not sent to both email addresses above will not be deemed as having been delivered to SUCCESS®.
13. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15. Governing Law; Submission to Jurisdiction.
The agreement to provide Coaching Services and these Terms and Conditions are governed by and construed in accordance with the law of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each
case located in the city of Dallas and County of Dallas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein will be effective service of process for any suit, action, or other proceeding brought in any such court.
16. Waiver of Jury Trial.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF , OR RELA TING TO, THESE TERMS AND CONDITIONS OR THE COACHING SER VICES CONTEMPLATED HEREBY.
17. Binding Effect
These term and conditions shall be binding upon the parties hereto and their respective successors and permissible assigns.
18. Attorneys’ Fees.
In the event that any claim, suit, action, or proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party will be entitled to recover its attorneys’ fees and court costs from the non-prevailing party.
© 2022 SUCCESS Enterprises