Acceptance of Terms and Conditions for Participation in the Bob Proctor Coaching Program
This Acceptance of Terms and Conditions (the “Agreement“) applies to your (“you” or “your”) participation in the Bob Proctor Coaching program and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) offered by the Proctor Gallagher Institute, LP (“PGI“ and collectively referred to with you as the “Parties” and singularly as a “Party”).
- Term of Agreement.The term of this Agreement shall be from the time PGI accepts of your enrollment in the Program (the “Effective Date“) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time 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 written notice of termination was given.
- Program Participation Payments.You agree to pay PGI an initial deposit for participation in the Program (the “Program Deposit”). By paying PGI the Program Deposit, you are agreeing to the terms and conditions set forth in this Agreement. You further agree to pay PGI the total amount listed for participation in the Program (the“Program Tuition”) that is listed on the invoice provided to you after receipt of the Program Deposit. The Program Tuition is the amount you and PGI agreed upon for your participation in the Program. You must pay PGI the Program Deposit before you can receive any products or materials related to the Program. You must pay PGI the full Program Tuition to be eligible to attend the Program. PGI, in its sole and absolute discretion, may agree to a payment schedule for you to pay the Program Tuition or any part thereof. If you fail to make any payment(s) to PGI on an agreed upon date, PGI may deem all sums due by you immediately payable to it. Additionally, if you fail to make any payment(s) to PGI on an agreed upon date, PGI may suspend your ability to receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay PGI the full Program Tuition.
- Program Description. During the course of the 13-month program, you will unlock the secrets of unlimited human potential through an in-depth study of the mind and how it is that we become what we think about! Under the direction of Bob Proctor and his inner-circle Coaching Team, you will systematically study each of the curriculum programs developed by Bob Proctor over a span of more than 40 years as a leader in the personal growth and development industry. You’ll receive weekly coaching guidelines, online support, exclusive access to live and interactive weekly conference calls and webinars as you learn to integrate your belief with your behavior. In addition to the support of Bob Proctor and his Coaching Team, you’ll have the benefit and support of an elite group of MASTERMIND Peers – other members actively engaged in the program sharing their ideas and resources to help move your Worthy Ideal into form.
- Program Participation at Your Own Risk.PGI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. PGI also does not guarantee you will earn any specific amount of income as a result of your participation 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 Program related information, products and services. PGI does not provide psychological, investment or financial advice.
- Re-Audit. PGI may offer you the opportunity to re-audit the Program upon payment of a tuition rate that is the same or less than the original Program Tuition (the “Re-Audit Tuition”). Unless otherwise agreed to in writing by PGI, the Re-Audit Tuition must be paid in full before you may re-audit the Program or any part thereof. All terms and conditions applicable to Program Tuition payments are applicable to Re-Audit Tuition payments.
- No Refunds.The Program Tuition, including the Program Deposit, is nonrefundable. All funds paid by you are deemed earned by PGI upon receipt.
- 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 related to the Program. You agree that all materials provided to you as part of the Program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without PGI’s written consent.
- Intellectual Property.All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program (the “PGI Intellectual Property“) are the property of PGI and its affiliated entities. You agree not to interfere or infringe upon the PGI Intellectual Property by, among other things, the following: (1) duplicating or creating of works (including any derivative works) that are the same or substantially similar to the PGI Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the PGI Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the PGI Intellectual Property; and (4) any action that would pass off or create the appearance of an association with or endorsement by PGI.
- Consent to Use Likeness.Program webinars are recorded by PGI. During a portion of the webinars participants are allowed to ask the host(s) questions. By participating in the Program, you expressly grant PGI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your voice during webinar broadcasts in the event you ask a question of the host(s) or audibly participate in any portion of the Program, which PGI may use for any and all promotional, educational or other means.
- Modification. PGI may modify or amend any of the terms and conditions contained in this Agreement, at any time and 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 such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification.You will indemnify, hold harmless and defend PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or violation of this Agreement.
- Assignment.You may not assign this Agreement (or any obligations under this Agreement 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, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall PGI’s liability, if any, exceed the Program Tuition.
- 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 lawsuit against PGI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration.Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Las Vegas, Nevada. Both Parties hereby irrevocably consent to AAA arbitration in Las Vegas, Nevada, as well as the jurisdiction of the courts located in Clark County, Nevada for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. 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.
- Legal Age.You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties.Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and PGI.
- Miscellaneous.This Agreement, together with any invoices provided by PGI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provide by PGI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.