Acceptance of Terms and Conditions for Participation in the One Percent Club
This Acceptance of Terms and Conditions (the “Agreement“) for participation in the One Percent Club and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Proctor Gallagher Institute, LP, a Nevada limited partnership (“PGI“), with offices located at 14354 N Frank Lloyd Wright Blvd, Suite 18, Scottsdale, AZ 85260, USA, and you as the purchaser or consumer (“you“) as it relates to the Program. You and PGI may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
- Term of Agreement.The term of this Agreement shall begin upon PGI’s acceptance of your enrollment in the Program (the “Effective Date“) and shall end upon completion of the Program for which PGI has accepted your enrollment or upon termination by either Party. Either you or PGI may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
- Program Participation Fee. You shall agree to pay PGI an amount specified by the company upon enrollment in the Program (the “Program Participation Fee”). The Program Participation Fee must be paid for in full no less than thirty calendar days (30) before the scheduled commencement date for the Program. PGI, in its sole and absolute discretion, may elect to allow you to pay the Program Participation Fee in installments, but all such installment payments must be made no later than thirty calendar (30) days before the scheduled commencement of the Program. Should PGI elect to allow you to pay the Program Participation Fee in designated installments, any deviation in the payment terms will result in cancellation of your enrollment in the Program unless payment is made immediately upon demand by PGI. The number of Program participants is extremely limited. Any deviation in payment terms may, at PGI’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for the Program Participation Fee. Should PGI authorize you to pay the Program Participation Fee in installments all installment payments must be made in full no later than thirty (30) calendar days before the Program commencement date.
- Program Deposit. In order to reserve your ability to participate in the Program, a $15,000 deposit (the “Initial Deposit”) is required upon enrollment unless you are paying the full Program Participation Fee at once upon enrollment. The Initial Deposit is nonrefundable upon payment and is deemed earned by PGI upon tender. The Initial Deposit shall be credited against the full Program Participation Fee. All remaining balances owed for the Program Participation Fee shall be paid in full no later than thirty calendar (30) days before the scheduled commencement of the Program. Failure to tender any remaining portion of the Program Participation Fee as required herein shall result in cancellation of your registration in and ability to attend the Program in addition to forfeiture of your Initial Deposit.
- Program Description. The Program consists of an intensive and exclusive opportunity to learn from and study with Bob Proctor and/or Sandra Gallagher. The six-day Program is limited to only twenty-five participants, thereby ensuring you will receive direct and personal attention from Bob Proctor and/or Sandra Gallagher. The Program sessions are specifically designed towards providing participants with the knowledge, understanding and skills necessary for achieving remarkable personal, professional and financial growth through an examination of the concepts, personal insight and guidance developed by Bob Proctor and/or Sandra Gallagher. PGI will provide you with breakfast and lunch on each scheduled day for the Program.
- Program Participation at Your Own Risk.You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. PGI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. PGI does not provide psychological, investment or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety, which shall include, but not be limited to, advising PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) of any allergies or other conditions that may require special attention or accommodations be provided.
- Mandatory Attendance Requirement.Due to its unique and interactive nature, in-person attendance at all sessions is mandatory to participate in the Program. If you cannot attend each session of the Program during its scheduled duration, PGI may, in its sole and absolute discretion, terminate your continued participation. You are prohibited from transferring to another scheduled Program. You also may not seek to make-up any session or sessions missed during the Program through attendance at a subsequently conducted Program.
- Refund Policy.You may receive a refund of the Program Participation Fee less the non-refundable Initial Deposit up to thirty (30) calendar days in advance of the Program commencement date. All cancellation requests must be in writing and received by PGI within thirty (30) days before the scheduled Program commencement date. Thereafter, the Program Participation Fee and all other associated fees, if any, shall be nonrefundable. In the event the Program Participation Fee and all other associated fees, if any, become nonrefundable, PGI will issue you a credit that can be applied towards the cost to attend any other program within twelve (12) calendar months from the date the credit is issued. Any charges incurred by PGI in connection with your cancelled attendance at the Program shall be deducted from the Program Participation Fee and be reflected in the credit issued by the company for the cost to attend another program. In order to receive a credit that can be applied towards the cost to attend another program, you must contact customer service prior to the day the Program you have registered to attend begins. No refunds will be issued after attendance at, or following the scheduled commencement of, the Program for which you have registered.
- You are responsible for all hotel accommodation and incidental charges related to your attendance at the Program.
- PGI will provide you with breakfast on all scheduled full Program participation days that include morning activities, events and/or presentations. PGI will also provide you with lunch on all scheduled full Program participation days that include early afternoon activities, events and/or presentations. PGI, in its sole and absolute discretion, may provide additional dining opportunities and/or discounts for event participants either separately from or in connection with the hotel. PGI is under no obligation to provide meals to participants during Program registration hours or during partial Program days and/or evenings. You shall be responsible for payment of all meals not provided by PGI during the Program.
- Ownership Rights and Proprietary Information.PGI and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by PGI (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by PGI (or its affiliated entities) in connection with the Program or any Proprietary Information (as defined below). You agree that all materials provided by PGI as part of the Program, which are confidential and proprietary in nature, will constitute PGI’s “Proprietary Information.” You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of PGI.
- Intellectual Property.You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “PGI Intellectual Property“) associated with the Program and their associated websites are proprietary to PGI and its affiliated entities. You will not take any action that would interfere with or infringe upon the PGI Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the PGI Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the PGI Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the PGI Intellectual Property; (iv) use of any PGI Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of PGI and (v) any action that would pass off or create the appearance of an association with or endorsement by PGI.
- Consent to Use Likeness.By participating in the Program, you expressly grant PGI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from the Program sessions or any portion of the Program.
- PGI may modify or amend any of the terms and conditions contained in this Agreement, at any time and in PGI’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- You will indemnify, hold harmless and defend PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.
- You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without PGI’s prior written consent.
- Limitation of Liability. PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program, even if PGI or its affiliated entities knew or should have known of the possibility of such damages. Further, PGI’s aggregate liability arising with respect to this Agreement and the applicable Program will not exceed the total amounts paid or payable by you under the Program.
- Governing Law; Class Action Waiver.This Agreement will be governed by, and construed in accordance with, the laws of the State of Nevada, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against PGI, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
- Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorney’s fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Las Vegas, Nevada. Both Parties hereby give their irrevocable consent to the processes of the AAA in Nevada, as well as the jurisdiction of the courts of Clark County, Nevada for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
- Legal Age.By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
- Relationship of Parties.You agree that by participating in the Program you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
- If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. PGI’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of PGI’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
Notification of claimed non-compliance with either the GDPR or the LGPD should be sent via email to the designated Data Protection Officer at [email protected] or via U.S. Mail addressed to Proctor Gallagher Institute – Data Protection Officer, 14354 N Frank Lloyd Wright Blvd, Suite 18 Scottsdale, AZ 85260.