PRODUCT PROFIT LAB
Last Updated: October 2021
When you enroll in PRODUCT PROFIT LAB™, you are agreeing to the following conditional return policy. Please read carefully.
PRODUCT PROFIT LAB GROUP COACHING PARTICIPATION AGREEMENT
This Group Coaching Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant in a group coaching program (“Program”) created by Startward Consulting LLC.
Company is in the business of providing coaching services in the areas of business strategy and business consulting. You desire to become a client according to the following, legally binding terms:
The Program is a twelve-month group coaching program for product based business owners organised to educate participants about operating and growing a business. The Program will run from the day your payment is received (“Program Start Date”) by Startward Consulting LLC through 12 months (“Program End Date”).
The fee of the Program is $12,500 if paid in full at the time of enrollment.
The Program Fee includes:
- Access to membership portal with trainings for duration of enrolment;
- Access to weekly group coaching calls for duration of enrolment;
- Access to Facebook group for duration of enrolment;
In consideration of the Services provided by us to you as set forth in Section 2.1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments. If you pay for one lump sum payment, you agree that you will automatically continue to be charged, $2,500 as a deposit and $1,250 on a month-to-month basis after the first 10 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein.
FOR PARTICIPANTS SEEKING PAYMENT PLANS
(a) Payment and Expenses
Participants must return a signed copy of this Agreement and make an Initial Payment of $2,500 to the Company (“Initial Payment”). Failure to return a signed copy of this Agreement and pay the Program Fee by the foregoing deadline will result in the Participant forfeiting his/her admission into the Program.
The remaining ten (10) monthly instalments of $1,250 must be paid each consecutive month starting 30 days after Initial Payment until the Program Fee is paid in full.
Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, the Company may remove the Participant from the Program and shall have no liability in that regard.
Your participation in the Program requires the full financial commitment. You agree to pay this sum in accordance with the Company’s payment options outlined in your client account, via Company’s online payment system. The primary method of payment must be a major credit card with a secure checking or savings account from a reputable financial institution as a secondary form of payment. Secondary form of payment will be used upon default or missed payment from the primary method of payment. Company utilizes a third-party shopping cart plug-in to process payments.
(b) Recurring Payments
I understand that after the 12 month period, this authorization will remain in effect until I cancel as detailed in Section 2.2 (b). If the payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. In the case of a transaction being rejected for Non-Sufficient Funds (NSF) I understand that the Company may at its discretion attempt to process the charge again.
(c) Cancellations and refunds
Requests for cancellations and/or refunds received by Company will not be honored and any outstanding balance owed to the Company for the Program must be paid in full within the first 12 month period. Changes or substitutions cannot be made to the Program participant. After the 12 month period, you may cancel your participation in the Program for any reason with 30 days notice. You will continue to be charged the monthly fees and continue to have access to the Program until the 30-day notice period is complete. No refunds are allowed under any circumstances. To cancel your participation after the 12 month period, contact [email protected]. Once your participation is cancelled, you will be prohibited from rejoining the Program for a period of 12 months from the date of cancellation or until a spot has opened up (whichever comes sooner).
Participants agree to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants and attendees. Participant acknowledges and agrees that the Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may only be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
Participant understands that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
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 athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, 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 or client portal 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 the 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 the Company or other Program Activities participants
- Causing damage to any of Company’s websites or third-party forums operated by the Company ● Using any of the Company’s website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any of the Company’s 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 of the Company’s 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 of the Company’s website or third-party forums operated by the Company
- Using any of the Company’s website or private forum or third-party forums operated by the Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Participants without receiving their advance permission
- Sharing private and proprietary information from the Program Activities with anyone else
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that Company may immediately and permanently terminate your participation in Program Activities and Content, and remove you from private Facebook groups or other third-party forums operated by the Company. Upon termination of your participation, it is in our sole discretion to decide whether you will receive a refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company 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’s 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’s website and any third-party forums operated by the Company.
NO LIFETIME ACCESS
Participant understands that his/her enrollment in the Program is for a period of twelve (12) months and then transitions to a month-to-month agreement. Participants will maintain access to the Program for as long as they are actively enrolled.
Participant agrees that the Company may use any images, audio recordings or video recordings of Participant obtained while enrolled in the Program. Participant waives any right to payment, royalties or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Company is hereby held harmless and release and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf of the Participant’s estates have or may have by reason of this authorization.
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Program partners presenting during the course of the Program. Participants will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Program for any reason without the prior written permission of the Company.
DISCLAIMER OF WARRANTIES
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Company does not guarantee that the Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to the Participant of such results.
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
GOVERNING LAW; VENUE; DISPUTE RESOLUTION
This Agreement shall be construed under and in accordance with laws of the State of Texas and any dispute arising from it must be handled exclusively in the County of Collin, Texas. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation or negotiation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
© Startward Consulting , LLC.
Effective Date: October 01, 2021