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PURCHASE TERMS - COACHING AND CONSULTING

Last updated: August 9, 2021

Please read these terms and conditions carefully before using Our Service.

 

PARTIES

This AGREEMENT is between PropelGrowth, LLC (“PropelGrowth”) and you, (the “CLIENT”) collectively referred to as the “PARTIES”. 

This agreement is intended to govern and control your purchase of coaching and consulting services (the “SERVICE”) from PropelGrowth. 

 

ACCEPTING THESE TERMS 

You are entering into a legally binding AGREEMENT with PropelGrowth, a Colorado S-Corp, according to the following terms and conditions, when you do any of the following:

  • Click “I Agree”
  • Sign an electronic copy of this AGREEMENT
  • Email your statement of AGREEMENT
  • Enter your credit card information
  • Sign this AGREEMENT on this page, or reverse
  • Enroll electronically in the SERVICE
  • Enroll verbally, or otherwise, in the SERVICE

With this acceptance, the Parties agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.  

 

PROPELGROWTH’S SERVICES

This AGREEMENT is executed and effective, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise). PropelGrowth agrees to provide the work related to the SERVICE as listed below.

  • One-on-one or small group coaching sessions as part of an Accelerator program or private sessions purchased separately
  • Consulting services as detailed in a separate work order

The terms of this AGREEMENT are binding on any additional goods and or services supplied by PropelGrowth to CLIENT. 

Parties agree that the SERVICE is in the nature of coaching or consulting delivered virtually via phone or video conference. The scope of work provided by PropelGrowth according to this AGREEMENT is limited to coaching or those services listed on PropelGrowth’s website, or as part of the SERVICE. 

If PropelGrowth needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, PropelGrowth will notify the CLIENT about the change or modification. 

 

CANCELLATIONS

CLIENT acknowledges that PropelGrowth allows CLIENT to schedule meetings at CLIENT’S convenience and automatically blocks its calendar from conflicting meetings for the time selected. Consequently, PropelGrowth may suffer a financial loss when CLIENT schedules and later reschedules or cancels an appointment. CLIENT agrees to PropelGrowth’s cancellation policy as follows: 

  • CLIENT may electronically reschedule 24-hours or more in advance of a scheduled call without penalty. 
  • Calls rescheduled with less than 24 hours notice may be charged a 25% rescheduling fee.
  • CLIENT arriving late will receive the remainder of the scheduled time.
  • No-shows are non-refundable.

 

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS. 

PropelGrowth agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT. 

PropelGrowth shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’S Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

In the event that PropelGrowth provides access to its copyrighted and original materials to the CLIENT as part of the SERVICE, PropelGrowth grants the CLIENT INDIVIDUAL USE ONLY permission to any and all of the copyrighted and original materials.  

As part of the SERVICE, CLIENT is not authorized to use any of PropelGrowth’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from PropelGrowth electronically, or otherwise without the prior written consent of PropelGrowth.

PropelGrowth agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’S personal use.

ALL INTELLECTUAL PROPERTY, INCLUDING PROPELGROWTH’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF PROPELGROWTH. NO LICENSE TO SELL OR DISTRIBUTE PROPELGROWTH’S MATERIALS IS GRANTED OR IMPLIED.

 

SERVICE RULES

To the extent that CLIENT interacts with PropelGrowth staff and or other PropelGrowth Clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. 

CLIENT agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by PropelGrowth in relation to the SERVICE, is cause for termination of this AGREEMENT. 

In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE

 

DISPARAGEMENT

In the event that a dispute arises between the Parties or a grievance by CLIENT, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

An example of disparagement is posting your disappointment with PropelGrowth on social media. If you have a disagreement with PropelGrowth, you need to send a private email directly to cedelen <at> propelgrowth.com. 

 

TERMINATION

If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of PropelGrowth’s services. 

PropelGrowth is allowed to immediately collect the full FEE from CLIENT and stop providing further services to CLIENT. 

 

PAYMENT

CLIENT agrees to pay PropelGrowth for the SERVICE according to the payment schedule (the “FEE”)

  • As detailed in PropelGrowth’s scheduling system
  • As outlined on PropelGrowth’s web site,
  • Via email,
  • According to the payment schedule and or the payment plan selected by CLIENT, or
  • As otherwise noted in this AGREEMENT.

 

REFUNDS

Upon execution of this AGREEMENT, CLIENT is responsible for the full FEE. If CLIENT decides to cancel, not participate, or changes his or her mind, PropelGrowth DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE CLIENT.

 

CHARGEBACKS & PAYMENT SECURITY

To the extent that CLIENT provides PropelGrowth with credit card(s) information for payment of FEE on CLIENT’S account, PropelGrowth is authorized to charge CLIENT’S credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

CLIENT shall not make any chargebacks to PropelGrowth’s account or cancel the credit card that is provided as security without PropelGrowth’S prior written consent. 

CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to PropelGrowth without notifying PropelGrowth in advance.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by PropelGrowth, PropelGrowth’s representatives, or employees, the provisions in this AGREEMENT control.

 

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the parties relating to the subject matter and supersedes all prior and contemporaneous AGREEMENTs, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both Parties. 

 

LIMITATION OF LIABILITY

By purchasing the SERVICE, CLIENT releases PropelGrowth, its officers, employees, directors, and related entities from any and all damages that may result from CLIENT’S participation in the SERVICE. 

The SERVICE provides coaching and consulting to support sales prospecting. CLIENT accepts any and all risks, foreseeable or unforeseeable arising from this line of work.

Regardless of the previous paragraph, if PropelGrowth is found to be liable, PropelGrowth’s liability to CLIENT or to any third party is limited to the total Fees CLIENT paid to PropelGrowth in the one month prior to the action giving rise to the liability.

All claims against PropelGrowth must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. 

CLIENT agrees that PropelGrowth will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the Program. 

CLIENT agrees that use of the SERVICE is at CLIENT’s own risk.

 

FORCE MAJEURE

In the event, either party is unable to perform its obligations under the terms of this Agreement because of acts of God, epidemics, pandemics, shutdowns (local, state, or federal), strikes, terrorist attacks, acts of aggression, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

 

INDEMNIFICATION

PropelGrowth recognizes and agrees that all of its shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of PropelGrowth.

CLIENT shall defend, indemnify (insure and protect), and hold harmless PropelGrowth, its shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the SERVICE.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.  

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by PropelGrowth, its shareholders, trustees, affiliates, or successors are excluded from indemnification.

 

DISCLAIMER OF GUARANTEE

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS FULLY RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE AND THAT PROPELGROWTH CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED. CLIENT FURTHER ACCEPTS AND AGREES THAT PROPELGROWTH CANNOT PREDICT AND DOES NOT GUARANTEE THAT YOU WILL ATTAIN A PARTICULAR RESULT. CLIENT UNDERSTANDS THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. 

PropelGrowth makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. PropelGrowth and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. PropelGrowth makes no guarantee or warranty that the SERVICE will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.

 

CHOICE OF LAW

This AGREEMENT is governed and interpreted in accordance with the laws of Colorado without giving effect to any principles of conflicts of law. 

The Parties agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Colorado according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

 

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.

 

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT. 

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: cedelen (at) propelgrowth (dot) com