Meeting Terms and Conditions
Please read through the following terms and conditions.
By clicking the payment button, entering your credit card information, making a payment, or otherwise enrolling electronically, you (“Client”) agree to be provided with products, programs, or services by Four 12 Training Group, LLC (“Company” or “Consultant”), and you are entering into a legally binding agreement with the Company. The Agreement is entered into and is made effective as of the date payment is made (“Effective Date”), and shall remain in effect until the Service is completed. Clients are subject to the following terms and conditions:
BACKGROUND. The Company is in the business of providing organizational development, system, process development, and consulting services and the Client desires to retain the Company to provide such services in accordance with and subject to the terms of this Agreement. THEREFORE, in consideration of the foregoing promises and the mutual covenants contained herein and intending to be legally bound hereby, the parties hereto agree as follows:
TERMS. The term of this Agreement shall commence on the Effective Date (date of payment) and shall continue until the completion of the service.
DISCLAIMER. By participating in this service, the Client acknowledges that the Company is not a legal professional and does not provide legal advice. In the event the Company does hold a professional designation or license the Client understands that any information provided should be considered a recommendation or suggestion. The Client acknowledges that the Consultant is not legally qualified, is not a substitute for advice from a qualified professional, does not warrant the accuracy of any information provided, and is not liable for any losses the Participant may suffer by relying on communicated advice.
THE SERVICE. Subject to the terms of this Agreement, the Company will provide to the Client with consultation services such as a 45-minute Discovery Call or a 3 1/2 hour Strategy Session.
The specific content will be customized based on the area of focus they selected during the enrollment process
A recording of the call will be sent to you after the meeting
The service outlined above serves as a general outline and is subject to change as needed. The Company will notify the Client of any changes as they become apparent
Coaching and consulting services are available if the Client desires additional assistance after the sessions
Availability and Rescheduling. The Company respects the time and commitment of the Client, and thus expects the Client to respect the Company’s time and commitment. Clients are expected to be available on the day and time in which they have indicated their availability for the session. In the event that the Client needs to reschedule, 72-hour notice must be given, along with the Client’s next date of availability. Any sessions missed and not rescheduled within the timeframe will be forfeited and the VIP Day enrollment fee paid by the Client is not refundable.
Refund. There are no refunds or cancellations for the VIP Day. Due to the nature of the service, refunds will not be given unless otherwise specified in writing with just cause. Once the request has been submitted, a decision will be made by the Company. Work for the VIP Day begins once the enrollment fee has been paid and the enrollment form has been submitted. The fees charged under this Agreement represent the work performed by the Company which includes analyzing the Client’s area of focus once the enrollment form has been submitted, securing the Client’s Strategy Call on the Company’s calendar, and onboarding the Client into the program which occurs prior to the VIP Day. As a result, the VIP Day fee charged under this Agreement is non-refundable.
Chargebacks. The Client agrees to make every attempt to file a refund with the Company prior to attempting a chargeback with the Client’s financial institution. In the event of a chargeback attempt, the Client expressly agree to forfeit any and all of the Company’s bonuses, affiliate bonuses, or other materials afforded to the Client in exchange for the Client’s original purchase of the Company’s Offering. We reserve the right to present proof of the Client’s access and these Terms and Conditions of Use to the financial institution investigating the dispute.
CANCELLATION AND RESCHEDULING SESSIONS.
The Client is expected to attend the Strategy Call and VIP Day sessions and will have the ability to reschedule once.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the Client, actual or potential conflict of interest, or other reasons, the Company can decide to terminate the service to the Client. In such a circumstance the Client will be given reasonable notice of termination by the Company and the program fee is non-refundable.
If the Coach needs to reschedule a session, the Coach will give the Clients no less than 24 hours notice, unless an emergency or illness occurs barring such notice.
If the Client chooses not to continue with the service after paying the enrollment fee, The Company will cancel any scheduled appointments. Canceled services and appointments are not refundable. From the moment the enrollment fee is paid and the enrollment application is submitted, Four 12’s staff begin work to prepare for your Strategy Call and VIP Day. Preparation time is part of the VIP Day service and is considered services rendered.
Personal information or business information supplied to the Company by the Client in session will be treated as confidential. It will not be disclosed to a third party without the Client’s prior permission unless where required by law.
Confidential Information may include, but is not limited to, the following: a) any materials regardless of form furnished by either Party or any Client of the VIP Day to any other Party for use; b) all communications and information shared between the Client, the Company or any Client of the VIP Day while this Agreement is in effect; c) any information furnished by any party or any Client of the VIP Day, stamped “confidential,” “proprietary,” or with a similar legend, or any information that any party or any Client of the VIP Day makes similar reasonable efforts to maintain secret; d) any business plans, strategies, member lists, operating procedures, formulas, know-how, processes, programs, software, inventories, discoveries, improvements, projections; and other confidential trade secrets, data and knowledge of either party or any Client of the VIP Day; e) any nonpublic inventions and technical information, the rights to which have not been assigned to the party receiving the information; and other proprietary information owned by either party or any Client of the VIP Day, (collectively “Confidential Information”), which are valuable, special and unique assets of that party.
Neither Client nor Company will disclose or use, either during or after the term of this Agreement, in any manner, directly or indirectly, any such Confidential Information of the other party, for their own benefit. Neither party will use, share, divulge, disclose, or communicate in any manner whatsoever any Confidential Information to any third party without the prior written consent of the other party, except to the extent required by law or permitted under this Agreement. Both parties will protect all Confidential Information of the other party and all other Clients of the VIP Day and will treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
Notwithstanding anything in this Agreement to the contrary, the Client acknowledges that it is impossible to protect the confidentiality of information transmitted electronically via email, mobile phones, or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Therefore, the Client waives any action, legal or otherwise, against the Company and holds the Company harmless for any interception of Client information resulting from the use of the above-mentioned equipment.
If either party to this Agreement discloses or threatens to disclose the other party’s Confidential Information in violation of this Agreement, the party whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other party from such unauthorized use or disclosure, in whole or in part, of such Confidential Information, without the need to post a bond, and/or from providing services to any party to whom such information has been disclosed or may be disclosed.
The infringing party further agrees to reimburse the party whose information has been disclosed for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the Disclosing Party in enforcing the provisions of this Agreement, in addition to any other damages which may be proven. The parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
NOTICE. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed delivered when sent by email to the email address of the party to be noticed as set forth on the signature page of this Agreement or to such other email address as such party last provided to the other by written notice confirming to the requirements of this paragraph.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Company maintains all the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
Copyright. Any and all content on any Website(s), social media pages, groups, profiles, emails, as well as content transmitted with and/or as part of the Company’s products and/or services or through any other channels, online or offline, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation, collection, assembly and arrangement thereof are protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.
EXCEPTIONS. Disclosed information will not be deemed confidential hereunder if: (i) it is now or later becomes publicly known, other than through the fault of the receiving party; (ii) it is known to the receiving party at the time of disclosure; (iii) it is rightfully obtained by the receiving party from a third party without restriction and without breach of this proposal or any similar agreement; and/or (iv) it is independently developed by the receiving party without access to the disclosing party’s information. Notwithstanding the foregoing restrictions, the parties may use and disclose any information: (A) to the extent required by an order of any court or other governmental authority; or (B) as reasonably necessary for it to protect its interest in this Agreement, but in each case only after the party whose information is being disclosed has been so notified and has had the opportunity, if reasonably possible, to obtain, at the disclosing party’s sole cost and expense, reasonable protection for such information in connection with such disclosure.
Services. All services performed and provided under this Agreement will be of a professional quality, will be performed and provided by fully trained, suitably qualified, capable, and competent personnel will conform to generally accepted professional practices in Company’s field and will be performed in a workmanlike and ethical manner. The Company will comply with all applicable federal, state, and local laws, rules, and regulations when performing the services and providing any deliverables.
Disclaimer. Four 12 Training Group, LLC operates to the best of its ability and judgment and cannot guarantee that this program will bring in a specific amount of money, clients, or sponsors once completed. Nor does it guarantee any specific results within a definite time frame.
NO OTHER WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE DELIVERABLES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TERMINATION. Either party may terminate this Agreement by written notice to the other party prior to the start of the VIP Day. If Client or Company terminates this Agreement, Company shall be entitled to receive compensation for services rendered through the date of termination.
LIMITATION OF LIABILITY. By using Four 12 Training Group, LLC services, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. The Client agrees that the Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the service. Clients agree that the use of this service is at the user’s own risk.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to a mediator of the Company’s choice. The mediation shall occur within ninety (90) days from the date of the initial mediation demand and shall take place in the Company’s state of residence. The Parties shall cooperate in exchanging and expediting discovery as part of the mediation process and shall cooperate with each other to ensure that the mediation process is completed within the ninety (90) day period. Failure to reach an agreed-upon settlement will result in further legal action.
GOVERNING LAW. This Agreement is subject to and will be interpreted in accordance with the laws of the Company’s state of residence. Any disputes arising out of this agreement will be adjudicated in the Court of the State of California.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
ACKNOWLEDGEMENT OF TERMS. Each party acknowledges that they a) have read this agreement; b) understand the terms of this agreement; c) have consulted or had the opportunity to consult with independent legal counsel in connection with this agreement; and d) have signed this agreement voluntarily.