Coaching Club – Terms and Condition
The following Terms and Conditions are designed to clearly indicate our policies and serve as a disclaimer, participation agreement and audio/video recording release (collectively referred to herein as “Agreement”).
For the purposes of this document, we refer to you as “I”, “you”, “You”, “YOU”, the “student” or the “participant”. The terms “Your” or “your” are possessive to YOU. Furthermore, the phrases “Jack Canfield’s Coaching Club”, “Coaching Club” or any other product, service or training offered within or under the Coaching Club are collectively referred to herein as the “TRAINING”.
The TRAINING is delivered by Self Esteem Seminars, Inc. or The Canfield Training Group (along with their respective officers, employees, directors, members, agents, trainers, assistants, guest facilitators, affiliates, designees, licensees, consultants, and/or other representatives (collectively referred to herein as the “COMPANY”, “We” or “we”).
REFUNDS/CANCELLATIONS: The following policy will be strictly enforced. If YOU wish to cancel your participation and receive a full refund of the tuition paid, YOU are required to do so within 15 calendar days from the date the TRAINING starts by sending an email with your cancellation request to email@example.com. After 15 calendar days from the date the Training starts, there will be no refunds. With any permitted and approved cancellations, the refund will be processed by the COMPANY within 60 days of the cancellation authorization by the COMPANY, less the cost of any bonus items that have been delivered, consumed or retained, if such bonus items were bundled with the TRAINING purchase. Upon any cancellation, the student must return all materials provided by the COMPANY that are associated with the TRAINING.
USE OF TRAINING MATERIALS: The use of any and all materials associated with the TRAINING, including but not limited to videos, audios, DVD’s, workbooks, worksheets, leaders manuals, student manuals, PowerPoints, Keynotes, slides, overheads, downloads, online communities, social media groups, hard drives, storage units and devices, and physical products from the TRAINING are only authorized for private use by the registered user of TRAINING and are not transferrable to any other person or entity, and no other use is permitted by any other person or entity. In addition, no public broadcasting of any COMPANY owned video content is permitted.
YOU ARE PURCHASING A PROGRAM FOR EDUCATIONAL PURPOSES: YOU understand that YOU are participating in an educational program that is primarily delivered in an online format. Not all of the materials provided and not all of the methods discussed will be completely applicable to YOU or your particular business activities or personal situation. YOU acknowledge that Jack Canfield and the COMPANY cannot be aware of all the particulars surrounding YOU or your business and personal activities; YOU will therefore adapt, to your own situation and of your own volition, any advice YOU receive or that YOU hear given to other participants. YOU understand that the information that YOU receive in the TRAINING will not be all the information that exists on the subjects discussed in the TRAINING, but is merely meant to complement, amplify, and/or supplement your existing knowledge and your existing work, and direct YOU to other available information. YOU agree that Jack Canfield and the COMPANY may, their sole discretion, change, delete, add to and/or substitute the educational content and materials of the TRAINING, and/or change, substitute, add to or schedule differently any portion of the TRAINING described in marketing materials or otherwise conveyed to YOU. YOU understand that the TRAINING is an educational process designed to assist YOU in seeing into yourself and others, identifying certain behavior patterns, and gaining clearer, more intuitive knowledge. In the process of this TRAINING, YOU may become aware of certain things and may make realizations and conclusions about your personality or the personality of others. YOU willingly choose to attend this TRAINING and accept and take full responsibility for what YOU may learn, your actions and feelings that may occur during and subsequent to the TRAINING. YOU understand that the COMPANY is not practicing any kind or type of psychological or psychiatric therapy or counseling, and the COMPANY is in no way responsible or liable for the results or outcome that YOU may receive from the TRAINING. YOU understand that this TRAINING is not a treatment or therapy for any physical, mental or psychological problems of YOU or of others.
NO PROMISES ARE BEING MADE THAT YOU WILL EARN MONEY OR ACHIEVE SUCCESS: The COMPANY does not warrant or guarantee YOU will make revenue or achieve any particular level of success from your participation in the TRAINING. YOU expressly acknowledge that no promises have been made to YOU, either express or implied, verbal or written or otherwise, regarding any level of success YOU might attain, any income YOU might earn, any change in YOU or your clients lives due to your participation in the TRAINING, or any fees YOU might earn back, including any deposits, tuition, fees or other monies YOU might have paid. YOU acknowledge that hard work and discipline are required in order to get the full value of the TRAINING.
WAIVER AND RELEASE OF CLAIMS: YOU hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction or venue throughout the world, against Jack Canfield and the COMPANY (collectively referred to herein as “Releasees“), in any way related to your participation in the TRAINING including but not limited to personal injury, emotional or psychological injury, property damage, whether arising out of the negligence of the any Releasees, attendees of the TRAINING, yourself or otherwise. YOU covenant and agree not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. If you assert a claim against any Releasee in violation of this Waiver and Release of Claims, you are responsible for Releasees’ legal fees in defending such claim.
LIABILITY FOR DAMAGES: YOU agree to defend, indemnify, and hold harmless all Releasees against any loss, damages, liabilities, claims, actions, judgments, settlements, deficiencies, interest, awards, penalties, fines, costs, or expenses or damages of whatever kind, including but not limited to reasonable attorneys’ fees and costs of enforcing any rights to indemnification under this Agreement, which arise out of or result from any claim made by anyone against Releasees as a result of your alleged negligent, intentional, reckless, or other legally wrongful conduct.
VENUE, JURISDICTION, AND CHOICE OF LAW: YOU and the COMPANY agree that the sole jurisdiction and/or venue applicable to any disputes, legal or otherwise, shall be Santa Barbara County, California, United States. The laws of the State of California, United States, are applicable to all disputes between YOU and the COMPANY. YOU hereby voluntarily agree to the above venue, jurisdiction, and choice of law, and waive the right to any other choice of law, venue or jurisdiction, regardless of your country of origin, regardless of your country of residence, and regardless of the location where this Agreement was executed by YOU or COMPANY. The COMPANY does not consent to personal jurisdiction or venue outside Santa Barbara County, California, United States. If YOU institute, maintain, or otherwise bring an action against COMPANY outside Santa Barbara County, California, United States, YOU will be responsible for all legal fees and expenses of COMPANY. YOU are also responsible for all legal fees and expenses of COMPANY relating to any action brought by YOU against COMPANY, regardless of jurisdiction, venue, or choice of law, as outlined in other paragraphs to this Agreement.
YOUR PARTICIPATION MAY BE TERMINATED: The COMPANY reserves the right, in their sole discretion, to terminate the participation of any student in the TRAINING, including YOU, at any time. In such case, the student will be notified of termination and the student will be required to return all content and materials from the TRAINING. In the event of termination, the student is not permitted to use such materials or content going forward in any manner, or use any title or credentials going forward in any manner in any personal or professional setting. In the event of termination by the COMPANY, the COMPANY will exercise its discretion in refunding a pro rata share of all fees paid, except for any deposits paid, which are completely non-refundable, and less the costs of any bonus items that have been delivered, consumed or retained, if such bonus items were bundled with the purchase. That is, in the event of termination by the COMPANY, whatever portion of fees YOU paid in excess of your deposit and any bonus items that have been delivered, consumed or retained, if such bonus items were bundled with the purchase, will be refunded only on a pro rata share, and only at the discretion of the COMPANY. YOU agree to not make any disparaging or defamatory remarks about Jack Canfield or the COMPANY at any time.
YOU ARE ALLOWING THE COMPANY TO RECORD YOUR PARTICIPATION AND USE YOUR COMMUNICATION: YOU understand that the COMPANY may choose to record audio, video and/or photograph your participation in the TRAINING, as well as record or document conference calls, zoom calls, social media posts, and other forms of communication, both verbal and written during the time YOU interact with the COMPANY and the TRAINING (collectively, “Recordings”). YOU consent to the COMPANY’s use of your name, image, likeness, appearance, city and state of residence, professional designation or occupation, statements, testimonials, content, anything YOU may say or show, and your general participation, in whole or in part, in any such Recordings, materials and testimonials YOU give the Company, or other derivative materials based on them, in any format now known or devised in future, in any geographic location, and YOU understand that the COMPANY will have the right to use the Recordings for educational, promotional and commercial applications, including but not limited to “for sale” products. The COMPANY has no obligation whatsoever to use all or any part of your participation in such Recordings or review the Recordings with YOU, and may edit any Recordings at their sole discretion. YOU agree that the COMPANY shall own all rights, title and interest, including copyrights, in and to such Recordings, with worldwide rights to reproduce, distribute, prepare derivative works based on, publicly perform and display, advertise, publicize your participation in such Recordings, and use such Recordings in their sole discretion, without any input from YOU, or compensation or credit to YOU. We ask that all participants in the TRAINING refrain from taking photos and video in the training room, if applicable. YOU acknowledge that although we make this request, we are not legally responsible for students that might break this guideline. YOU are not entitled to any profit or revenue made by COMPANY by use of any of the materials referenced in this Agreement.
COPYRIGHTS AND TRADEMARKS: YOU understand that the COMPANY owns all copyrights and trademarks in, to and related to the TRAINING, as well as all materials used by and provided to participants of the TRAININGS. YOU are not authorized to act on behalf of the COMPANY or to commit the COMPANY to any obligations.
USE OF COMPANY OWNED MATERIALS: YOU understand that YOU cannot use COMPANY’s name, image, likeness, logo(s) or trademark(s), including but not limited to the Jack Canfield name, without written permission from the COMPANY. YOU are not permitted to use any copyrighted materials or any materials from the TRAINING in your personal or business marketing or otherwise.
YOUR AGREEMENT OF CONFIDENTIALITY: YOU understand that the TRAINING is an educational process, and part of this process may involve learning, hearing, seeing or general disclosure by the COMPANY, students, participants and others involved with the TRAINING of certain information that may be considered confidential in nature, including but not limited to, personal stories and information, data, business plans, concepts for new products and books, etc. (“Confidential Information”). YOU agree not to disclose any such Confidential Information. Your obligation of confidentiality and non-disclosure shall not apply to information which: (a) is or becomes generally known to the public; (b) is acquired by YOU from a third party not bound by this Confidentiality Agreement; (c) is received from a third party authorized to disclose the information without restriction; or (d) is required by law, regulation or valid court or governmental agency order to disclose. This Confidentiality provision and YOUR agreement of confidentiality do not apply to use of information by the COMPANY pursuant to the paragraph above labeled: “YOU ARE ALLOWING THE COMPANY TO RECORD YOUR PARTICIPATION AND USE YOUR COMMUNICATION”. The COMPANY will use its discretion in recording your participation and using your communications. However, the COMPANY cannot guarantee discretion of those outside its control, and thus all participants agree to confidentiality as defined in the within paragraph.
THIS DOCUMENT DESCRIBES YOUR COMPLETE UNDERSTANDING: Your signature below indicates that YOU have read and understand the forgoing statements and agree to the terms and conditions in this Agreement. This Agreement constitutes your entire agreement and complete understanding and all prior promises, understandings and agreements, oral or written, are merged into and included in this written instrument, and it may only be amended by the COMPANY in writing. YOU represent and warrant that YOU have the right to grant, without the consent of third parties, all the rights herein granted. The COMPANY shall have the right to assign any or all of its rights hereunder to any person, firm, or entity. This Agreement shall be governed in accordance with the laws of Santa Barbara county, state of California, United States. Any disputes arising hereunder or concerning the subject matter of this Agreement shall be resolved by binding arbitration in Santa Barbara, California in accordance with the Commercial Rules of the American Arbitration Association. This Agreement may be executed in person, electronically online or by facsimile, and any of these methods shall serve as an original copy.