Terms & Conditions
Thank you for purchasing the Change Lives Academy (“CLA” or “the PROGRAM”). All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear (“CLA” or “PROGRAM”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Aesthetic Nation Inc., a Canadian Company, (AKA “PT Domination” or “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
1. INTRODUCTION
This is an Agreement between Aesthetic Nation Inc. AKA PT Domination (“COMPANY”) and you (“CLIENT”) for online coaching services. This Agreement has been reached after an offer and acceptance was made to CLIENT and in exchange for adequate consideration.
PT DOMINATION is a company that provides individuals and business owners with education and guidance to overcome limiting beliefs, grow their online presence, and start and/or scale an online personal training business. PT DOMINATION offers a 12-month self-paced program to help CLIENT leverage social media to grow their businesses, CLA.
By signing this Agreement, CLIENT hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms in their entirety:
2. TERM
The “TERM” of this Agreement shall be twelve (12) months, from the date of first payment.
At the end of the TERM, CLIENT may have the option to extend their access to the PROGRAM for an additional twelve (12) months. The COMPANY will make CLIENT an offer to purchase said extension, and the extension shall be governed by the same terms contained in the Agreement below.
3. DISCLAIMERS AND DEFINITION
A. COACHING DISCLAIMERS.
WHAT COACHING IS:
The COMPANY’s PROGRAM provides CLIENT with coaching services, through pre-recorded course material and occasional assistance from coaches inside the PROGRAM group community (hereinafter referred to as “COACHES”). COACHES offer Business Coaching (herein collectively referred to as “COACHING SERVICES”). Business Coaching is tailored personal development geared towards helping CLIENT discover their own direction, purpose, and/or entrepreneurial potential in the online coaching space.
Although the COACHES may offer CLIENT tools to help improve all aspects of CLIENT’S life, the COACHING SERVICES in this PROGRAM are specific and limited in nature, pursuant to Section 4 of this Agreement.
The PROGRAM has been developed for educational purposes only. COMPANY has established its proprietary PROGRAM in order to educate and inspire CLIENT to pursue their goals. CLIENT understands that coaching is working with the COACHES to help CLIENT think through and analyze decisions and assist CLIENT with finding their own direction. The COACHES may offer their opinion regarding decisions, but it is the responsibility of CLIENT to make the final decision and choose the best option for themselves.
WHAT COACHING IS NOT:
The COACHES are not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of CLIENT’S business.
The COACHES do not: 1) procure business or potential clients for CLIENT; 2) perform any business management services for CLIENT, such as accounting, operations, research, or development; 3) provide therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) offer publicity, public relations and/or social media marketing services; 5) make introductions to COACHES’ professional network and business relationships.
B. SUBJECTIVE SERVICES.
CLIENT hereby acknowledges that COACHING SERVICES are inherently subjective services and COMPANY’S methods to provide this service may change in terms of style and/or technique. COMPANY and/or COACHES may use its sole discretion and judgment to provide the COACHING SERVICES to CLIENT, even if these methods do not follow strict adherence to CLIENT’S suggestions.
C. NO GUARANTEES.
Neither COMPANY nor COACHES make any guarantees whatsoever about any type of results, outcome, or success that CLIENT may experience as a result of the PROGRAM. CLIENT hereby acknowledges that CLIENT is solely responsible for the amount and type of income, progress, or other results that CLIENT achieves, generates and/or experiences by implementing techniques and advice provided by COMPANY and/or COACHES.
D. INDEMNIFICATION & ASSUMPTION OF RISK.
CLIENT hereby acknowledges that neither the COACHES nor the COMPANY is liable for any injuries that may arise from CLIENT’S personal decisions based off of his/her participation in this PROGRAM, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of CLIENT’S business decisions, any of CLIENT’S financial decisions. CLIENT hereby agrees to indemnify and hold harmless both COACH and COMPANY of any claims that may arise after participation in the PROGRAM.
COMPANY’s PROGRAM has been developed for educational purposes only. COMPANY has established its proprietary PROGRAM in order to educate and inspire CLIENT to pursue their goals. However, CLIENT hereby acknowledges that COMPANY does not guarantee CLIENT’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the PROGRAM. By using the COACHING SERVICES and executing this Agreement, CLIENT accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. CLIENT agrees that COMPANY shall not be held liable for any damages of any kind resulting or arising from the use or misuse of the PROGRAM. CLIENT agrees that use of this PROGRAM is at their own risk.
E. CERTIFICATIONS & OTHER REQUIREMENTS.
This is not a personal training certification program. As part of this PROGRAM, COMPANY encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide within the personal training industry. Due to the educational and informational nature of this PROGRAM, the volume of students that enter into the PROGRAM, and the international scope of the PROGRAM’s availability on the internet, it is not the responsibility of COMPANY to determine whether a CLIENT or third-party (ie. other student) is qualified to offer the services they present.
F. NO 1-ON-1 ACCESS
Please note, this PROGRAM is a group coaching container, and is not a one-on-one coaching program.
4. PROGRAM SPECIFICS
A. WHAT’S INCLUDED.
The PROGRAM shall include:
Twelve (12) months’ access to COMPANY’s pre-recorded course materials, which provide education regarding digital marketing, sales, and systems to scale an online personal training business to five-figure months;
Twelve (12) months’ access to a private community for other CLA students (hosted via third-party platform Facebook), where CLIENT can ask questions, connect with other students, and receive support from the COACHES in the form of comments and, from time-to-time, live workshops with question and answer sessions.
One (1) free virtual ticket to COMPANY’s next scheduled event.
B. OFFICE HOURS.
COACHES shall respond to CLIENT feedback, questions, or messages exclusively during office hours, which are between 8 am PST and 6 pm PST Monday through Friday (“OFFICE HOURS”).
COACH or an appropriate COMPANY representative will do their best to respond within 24 OFFICE HOURS; however, please keep in mind that COMPANY reserves the right to take time off for vacation, sick days, personal days, mental health days, and/or holidays. COMPANY shall notify CLIENT if COMPANY and/or COACHES will not be available or accessible during OFFICE HOURS.
COACHES will review and respond to all inquiries exclusively inside the group Facebook community during said OFFICE HOURS only: COACHES will not respond to any questions or messages that are sent outside of Facebook, in order to maximize efficiency and organization.
C. BONUSES.
From time to time, COMPANY may offer certain bonuses to prospective clients to incentivize them to join the PROGRAM. The bonuses shall be limited to those described on the sales page at the time of purchase; there is no guarantee to access for future bonuses or discounts.
5. CLIENT’S RESPONSIBILITIES
As stated in Section 3 above, CLIENT accepts and agrees that CLIENT is 100% responsible for their results from the PROGRAM. CLIENT acknowledges that, as with any endeavor and investment, there is an inherent risk associated. As such, CLIENT agrees there is no guarantee that CLIENT will attain their goals by simply completing the PROGRAM.
Nevertheless, CLIENT acknowledges that they can optimize their potential results from the PROGRAM by adhering to the following:
Completion of all PROGRAM material, including add-ons or bonuses, if applicable;
Thoughtful and meaningful participation in all coaching calls with COACHES (or watching replays if they cannot attend live);
Utilization of COACHES’ feedback on Facebook;
Completion of all assigned work, journaling, material, and research between each coaching call;
Committing to the PROGRAM;
Attending each coaching call at the scheduled date, on time, or watching the replay;
Taking 100% responsibility for CLIENT’S results, 100% of the time.
6. RESCHEDULING POLICY
A. SCHEDULE.
CLIENT shall receive twelve (12) months’ access to the PROGRAM, which includes access to the private Facebook community. From time to time inside the community, the COMPANY and/or its COACHES will provide coaching calls.
Both COMPANY and its COACHES reserve the right to reschedule any calls or other portions of the PROGRAM due to office closures, sick days, personal days, holidays, travel, etc. Portions of the PROGRAM may be rescheduled at COMPANY’s sole discretion, however, COMPANY shall provide notice to CLIENT in the event of a schedule change.
B. TIME ZONES & ATTENDANCE.
Note, the COMPANY cannot accommodate every PROGRAM member’s schedule, due to varying time zones and responsibilities. The COMPANY shall not reschedule group calls if CLIENT is unable to attend any or all group calls due to schedule conflicts or time zone difference. Likewise, the CLIENT shall not receive a refund in whole or part due to CLIENT’s inability to attend any calls or participate in any aspect of this PROGRAM.
COMPANY will do its best to post an updated schedule for the PROGRAM on the Facebook page in order for clients to be informed in advance of each call, however, COMPANY reserves the right to reschedule any or all portions of the PROGRAM at COMPANY’s sole discretion.
7. SIX MONTH ACTION BASED REFUND POLICY
COMPANY employs a six-month (6) refund policy which is exclusively action-based. If CLIENT wishes to claim this refund policy, CLIENT must submit proof of complying with the following requirements to operations@pt-domination.com:
Been in the PROGRAM for six (6) months.
Completed all modules in the Change lives Academy site with homework posted in the Change Lives Academy Facebook Group.
Earned less than ten thousand (10,000) USD total throughout the 6-month period.
Executed at least three (3) 14 Day Challenges.
Completed the creation and development of a Free Facebook community.
Attended at least two (2) calls per week during the entirety of the six (6) months in the Change Lives Academy Facebook group.
Completed and sent COMPANY’s Monthly Typeform reporting their income.
Gone live on Facebook and Instagram on their personal pages for ninety (90) days consecutively at minimum.
Posted 10 stories a day on Instagram and Facebook pages.
Posted 2-3 reels per day consecutively across all platforms: Instagram, Facebook and TikTok
Posted two to four (2-4) written posts per week on their Instagram and Facebook pages.
Sent twenty-five to fifty (25-50) daily outbound DMs on Instagram, Facebook and TikTok.
Completed the creation of 3 ebooks for lead generation and distributed to their prospects.
Set up active training software with 24 template programs completed.
Completed 12 meal plan templates.
Written a detailed core offer and attached to payment system Stripe or PayPal.
Written a detailed avatar and posted to the FB group.
Attended at least 3 content audits.
If CLIENT submits proof and is approved by COMPANY, CLIENT will receive a full refund of their paid 6 months in the PROGRAM within the following 48-72 business hours of the approval.
If CLIENT submits proof and is denied by COMPANY, CLIENT will not receive either a full or partial refund, and must complete the remaining time and/or balance left in their twelve (12) months.
8. CANCELLATION POLICY
If CLIENT wishes to cancel the PROGRAM, it is required to have a one-on-one Zoom meeting with COMPANY’s momentum coach and to fulfill any remaining balance of this twelve (12) month agreement in one installment.
9. PAYMENT & FEES
Upon execution of this Agreement, CLIENT agrees to pay to the COMPANY the full amount, regardless of what payment option CLIENT selects at checkout.
All payments must be paid before the PROGRAM end date, or else COMPANY reserves the right to terminate services and/or enforce its rights under this Agreement to the fullest extent of the law.
COMPANY is not responsible for any foreign transaction fees or for currency exchange rates.
CLIENT authorizes COMPANY to charge the credit card or account used for the first payment to complete all payments, and CLIENT does not require separate authorization for each payment.
If any payments fail, CLIENT agrees to remedy the situation immediately (ie. update CLIENT’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else CLIENT forfeits their right to access the PROGRAM, and COMPANY may terminate this Agreement with no money back to CLIENT. COMPANY may also black-list CLIENT from any and all future offers if payments are not made under this Agreement.
CLIENT shall not threaten or make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. In the event of a chargeback, COMPANY reserves the right to report the incident to credit reporting agencies as a delinquent account.
COMPANY reserves the right to collect any and all monies owed by CLIENT to COMPANY, by any means necessary within the parameters of the law. CLIENT shall pay for any fees associated with recouping payment, including but not limited to, collections fees, late fees, interest, administrative fees, and/or attorneys’ fees, as well as costs and disbursements related to the same.
Late Fees – COMPANY understands that, from time to time, there are issues with payment. All payments must be received by COMPANY within five (5) business days of the due date for that
installment. Any payments not received within five (5) business days of their due date will result in CLIENT’S breach of this Agreement and may result in termination of COACHING SERVICES with no refunds and with all future payments due and owing under the Agreement.
A. PAYMENT PLAN.
The payment plan fee for the program is six thousand and xx/00 US Dollars ($6,000.00 USD) (“PP FEE”), which must be paid as follows:
Twelve (12) monthly payments of five hundred and XX/00 Dollars ($500.00 USD).
B. PAID-IN-FULL.
The paid-in-full fee for the program is one installment of three thousand five hundred and xx/00 US Dollars ($3,500.00 USD).
10. TERMINATION
CLIENT dissatisfaction with COMPANY and/or COACHES’ subjective teaching style, independent judgment, methods, or other techniques, as well as disappointment with the size of the group PROGRAM container, are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM and executing this Agreement.
COMPANY is committed to providing quality service to all CLIENTS. However, from time to time, situations arise that require the COMPANY to terminate the Agreement before the TERM expires. As such, COMPANY reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) CLIENT fails to follow PROGRAM guidelines; 2) CLIENT is abusive or harasses COACH or other members of COMPANY; 3) CLIENT refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) CLIENT proves to be difficult to work with and/or does not attend the scheduled coaching calls; 5) for any other legitimate business purposes in the best interest of COACHES and/or COMPANY. If any of the following causes trigger COMPANY to terminate the Agreement, COMPANY shall not refund CLIENT for the unused portion of the PROGRAM, nor is CLIENT entitled to any relief from future payments due and owing under the Agreement.
11. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
A. CONFIDENTIAL INFORMATION.
COMPANY takes pride in its proprietary information that is inherently part of COMPANY’s systems and included in each PROGRAM. As such, CLIENT agrees and acknowledges all “CONFIDENTIAL INFORMATION” (defined below) shared through this PROGRAM and by the COMPANY is confidential, proprietary, and belongs exclusively to COMPANY.
“CONFIDENTIAL INFORMATION” includes, but is not limited to:
Any systems, sequences, processes or steps shared with CLIENT;
Any information disclosed in association with this Agreement, including the contents of Agreement;
Any conversations held between the COACHES and CLIENT during a session or otherwise;
Any information or data (in tangible or intangible form, regardless of medium), belonging to COMPANY and not generally known by the public;
Any trade secrets in connection with the PROGRAM or COMPANY’s business practices;
Any ideas, concepts, inventison, improvements, new product concepts, new course concepts, new guide concepts, new method concepts, concepts for any products, courses, guides, or
methods under development, concepts for concepts for improvements to existing products, courses, guides, or methods, technical information, product concepts, prototypes, test results, product specifications, business plans and forecasts, marketing plans, budgets, financial forecasts and projections, customer lists and information, suppliers lists and information, and all COMPANY financial information in any format, all pending trademark applications, all pending copyright applications, and all products and brands developed by or under development by COMPANY; and
Any other information or material that should reasonably be recognized as confidential.
B. TESTIMONIALS.
COMPANY also takes seriously its responsibility to protect CLIENT’S personal information and privacy. COACH and COMPANY agree not to disclose any of CLIENT’S personal information, such as but is not limited to, discussions held during sessions.
However, from time to time, COMPANY may use general statements about CLIENT’S success as social proof and part of its marketing strategy. By signing this Agreement, CLIENT agrees to COMPANY sharing CLIENT’S success stories on social media, which may include screenshots of conversations between COACHES and CLIENT. COMPANY may also ask CLIENT to provide testimonials about the COACHES, the COMPANY, and the PROGRAM via video, audio or written testimonials, which COMPANY may use on its social media and in paid advertisements. CLIENT hereby authorizes COMPANY to use CLIENT’s name, likeness, and image on COMPANY’s social media accounts, websites, and in advertisements as part of CLIENT’s testimonial. CLIENT hereby releases all rights associated with compensation, including royalties, for COMPANY’s use of CLIENT’s name, image, and/or likeness in testimonials.
C. INTELLECTUAL PROPERTY.
This PROGRAM and content contain intellectual property owned by the COMPANY and by third-parties that license certain intellectual property to COMPANY. This Agreement is intellectual property licensed to COMPANY.
Other examples of intellectual property found on our website and within our PROGRAM, products and services include, but are not limited to: methods, systems, workshops, videos, downloadable materials, trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “INTELLECTUAL PROPERTY”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the INTELLECTUAL PROPERTY owned by or licensed to COMPANY, either whole or part, without prior written consent.
D. LIMITED LICENSE.
COMPANY grants CLIENT a limited, personal, non-exclusive and non-transferable license to use the PROGRAM for their personal and internal business use. CLIENT acknowledges that any and all products or materials that are downloaded are for their own personal and internal business use. CLIENT shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the PROGRAM without prior written consent or unless provided otherwise.
CLIENT holds a limited license during the TERM of this Agreement to use COMPANY’s proprietary PROGRAM. If the CLIENT is also a business owner in a similar industry, CLIENT shall not misappropriate any of COACHES’ or COMPANY’S INTELLECTUAL PROPERTY in the following manner:
Teaching CLIENT’S personal clients any of the information, methods, solutions, or formulae owned by the COMPANY and passing it off as their own;
Copying any of COMPANY’s course material or free content for CLIENT’S commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the INTELLECTUAL PROPERTY owned by COMPANY in either whole or part without prior written consent.
12. GROUP GUIDELINES
A. CONFIDENTIALITY.
CLIENT hereby acknowledges that this is a group PROGRAM. As such, there may be times (ie. inside the private group community and/or during coaching calls) where other PROGRAM participants have access to CLIENT’s information, including business ideas, questions, etc. Likewise, CLIENT may have access to other members’ information. CLIENT hereby agrees to keep all participants’ information discussed during the PROGRAM confidential, and rests assured that other participants are under the same obligation to CLIENT. However, CLIENT hereby indemnifies and holds COMPANY harmless for any PROGRAM participants’ breach of this section.
B. ZERO TOLERANCE POLICY.
CLIENT and other PROGRAM participants also agree to be supportive and kind to one another. Any incidents of bullying, harassment, discrimination, or other abuse shall be met with a Zero Tolerance policy, and COMPANY reserves the right to expel CLIENT for breach of this section with no money back.
C. COMMUNICATION WITH THIRD-PARTIES.
This PROGRAM may include community aspects, such as courtesy access to a student-only Facebook group. COMPANY shall not be held liable, either directly or indirectly, for CLIENT’s communication with any other student or third-party that may or may not be part of the PROGRAM. Creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the CLIENT. COMPANY is not liable for the actions of those third-parties, nor is COMPANY to be held responsible for any communications, conflicts, or damages that occur through CLIENT’S communication and/or collaboration with a third-party. While COMPANY will take reasonable measures to ensure there is no injurious communications inside the PROGRAM community, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
D. DISPUTES & CUSTOMER SUPPORT.
COMPANY has developed a proprietary system to ensure clients feel supported. However, from time to time, there are issues that arise. In the event that CLIENT has any issue whatsoever with the PROGRAM, whether tech or substantive or otherwise, CLIENT hereby acknowledges they will raise that issue through private channels, as to not flood the student platform and/or community. Namely, CLIENT shall email its question or issue to operations@pt-domination.com.
13. MISCELLANEOUS
A. Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable
portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. Voluntary Agreement – THE PARTIES ACKNOWLEDGE THAT THEY HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION, AND BASED UPON THEIR OWN JUDGMENT AND NOT IN RELIANCE UPON ANY REPRESENTATIONS OR PROMISES MADE BY ANY OTHER PARTY OTHER THAN THOSE REPRESENTATIONS OR PROMISES CONTAINED IN THIS AGREEMENT.
E. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by COMPANY.
F. Governing Law – COMPANY is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Alberta, Canada and the venue shall be a court or decision-maker of competent jurisdiction within the Province of Alberta, Canada.
G. Arbitration – Any disputes arising under this Agreement shall first be resolved through an arbitration proceeding and take place in Alberta, Canada .The decision or award of the arbitrator shall be final and binding upon the parties.
H. Attorney’s Fees – In the event that Arbitration arises in relation to this AGREEMENT, the unsuccessful PARTY in the arbitration shall pay to the successful party, in addition to all the sums that EITHER PARTY may be called on to pay, a reasonable sum for the successful party’s attorney fees.
I. Execution – CLIENT agrees to accept the above Agreement in its entirety when CLIENT selects and confirms “I agree to the Terms & Conditions” at the PROGRAM checkout page and by rendering first payment.
1. INTRODUCTION
This is an Agreement between Aesthetic Nation Inc. AKA PT Domination (“COMPANY”) and you (“CLIENT”) for online coaching services. This Agreement has been reached after an offer and acceptance was made to CLIENT and in exchange for adequate consideration.
PT DOMINATION is a company that provides individuals and business owners with education and guidance to overcome limiting beliefs, grow their online presence, and start and/or scale an online personal training business. PT DOMINATION offers a 12-month self-paced program to help CLIENT leverage social media to grow their businesses, CLA.
By signing this Agreement, CLIENT hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms in their entirety:
2. TERM
The “TERM” of this Agreement shall be twelve (12) months, from the date of first payment.
At the end of the TERM, CLIENT may have the option to extend their access to the PROGRAM for an additional twelve (12) months. The COMPANY will make CLIENT an offer to purchase said extension, and the extension shall be governed by the same terms contained in the Agreement below.
3. DISCLAIMERS AND DEFINITION
A. COACHING DISCLAIMERS.
WHAT COACHING IS:
The COMPANY’s PROGRAM provides CLIENT with coaching services, through pre-recorded course material and occasional assistance from coaches inside the PROGRAM group community (hereinafter referred to as “COACHES”). COACHES offer Business Coaching (herein collectively referred to as “COACHING SERVICES”). Business Coaching is tailored personal development geared towards helping CLIENT discover their own direction, purpose, and/or entrepreneurial potential in the online coaching space.
Although the COACHES may offer CLIENT tools to help improve all aspects of CLIENT’S life, the COACHING SERVICES in this PROGRAM are specific and limited in nature, pursuant to Section 4 of this Agreement.
The PROGRAM has been developed for educational purposes only. COMPANY has established its proprietary PROGRAM in order to educate and inspire CLIENT to pursue their goals. CLIENT understands that coaching is working with the COACHES to help CLIENT think through and analyze decisions and assist CLIENT with finding their own direction. The COACHES may offer their opinion regarding decisions, but it is the responsibility of CLIENT to make the final decision and choose the best option for themselves.
WHAT COACHING IS NOT:
The COACHES are not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of CLIENT’S business.
The COACHES do not: 1) procure business or potential clients for CLIENT; 2) perform any business management services for CLIENT, such as accounting, operations, research, or development; 3) provide therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) offer publicity, public relations and/or social media marketing services; 5) make introductions to COACHES’ professional network and business relationships.
B. SUBJECTIVE SERVICES.
CLIENT hereby acknowledges that COACHING SERVICES are inherently subjective services and COMPANY’S methods to provide this service may change in terms of style and/or technique. COMPANY and/or COACHES may use its sole discretion and judgment to provide the COACHING SERVICES to CLIENT, even if these methods do not follow strict adherence to CLIENT’S suggestions.
C. NO GUARANTEES.
Neither COMPANY nor COACHES make any guarantees whatsoever about any type of results, outcome, or success that CLIENT may experience as a result of the PROGRAM. CLIENT hereby acknowledges that CLIENT is solely responsible for the amount and type of income, progress, or other results that CLIENT achieves, generates and/or experiences by implementing techniques and advice provided by COMPANY and/or COACHES.
D. INDEMNIFICATION & ASSUMPTION OF RISK.
CLIENT hereby acknowledges that neither the COACHES nor the COMPANY is liable for any injuries that may arise from CLIENT’S personal decisions based off of his/her participation in this PROGRAM, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of CLIENT’S business decisions, any of CLIENT’S financial decisions. CLIENT hereby agrees to indemnify and hold harmless both COACH and COMPANY of any claims that may arise after participation in the PROGRAM.
COMPANY’s PROGRAM has been developed for educational purposes only. COMPANY has established its proprietary PROGRAM in order to educate and inspire CLIENT to pursue their goals. However, CLIENT hereby acknowledges that COMPANY does not guarantee CLIENT’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the PROGRAM. By using the COACHING SERVICES and executing this Agreement, CLIENT accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. CLIENT agrees that COMPANY shall not be held liable for any damages of any kind resulting or arising from the use or misuse of the PROGRAM. CLIENT agrees that use of this PROGRAM is at their own risk.
E. CERTIFICATIONS & OTHER REQUIREMENTS.
This is not a personal training certification program. As part of this PROGRAM, COMPANY encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide within the personal training industry. Due to the educational and informational nature of this PROGRAM, the volume of students that enter into the PROGRAM, and the international scope of the PROGRAM’s availability on the internet, it is not the responsibility of COMPANY to determine whether a CLIENT or third-party (ie. other student) is qualified to offer the services they present.
F. NO 1-ON-1 ACCESS
Please note, this PROGRAM is a group coaching container, and is not a one-on-one coaching program.
4. PROGRAM SPECIFICS
A. WHAT’S INCLUDED.
The PROGRAM shall include:
Twelve (12) months’ access to COMPANY’s pre-recorded course materials, which provide education regarding digital marketing, sales, and systems to scale an online personal training business to five-figure months;
Twelve (12) months’ access to a private community for other CLA students (hosted via third-party platform Facebook), where CLIENT can ask questions, connect with other students, and receive support from the COACHES in the form of comments and, from time-to-time, live workshops with question and answer sessions.
One (1) free virtual ticket to COMPANY’s next scheduled event.
B. OFFICE HOURS.
COACHES shall respond to CLIENT feedback, questions, or messages exclusively during office hours, which are between 8 am PST and 6 pm PST Monday through Friday (“OFFICE HOURS”).
COACH or an appropriate COMPANY representative will do their best to respond within 24 OFFICE HOURS; however, please keep in mind that COMPANY reserves the right to take time off for vacation, sick days, personal days, mental health days, and/or holidays. COMPANY shall notify CLIENT if COMPANY and/or COACHES will not be available or accessible during OFFICE HOURS.
COACHES will review and respond to all inquiries exclusively inside the group Facebook community during said OFFICE HOURS only: COACHES will not respond to any questions or messages that are sent outside of Facebook, in order to maximize efficiency and organization.
C. BONUSES.
From time to time, COMPANY may offer certain bonuses to prospective clients to incentivize them to join the PROGRAM. The bonuses shall be limited to those described on the sales page at the time of purchase; there is no guarantee to access for future bonuses or discounts.
5. CLIENT’S RESPONSIBILITIES
As stated in Section 3 above, CLIENT accepts and agrees that CLIENT is 100% responsible for their results from the PROGRAM. CLIENT acknowledges that, as with any endeavor and investment, there is an inherent risk associated. As such, CLIENT agrees there is no guarantee that CLIENT will attain their goals by simply completing the PROGRAM.
Nevertheless, CLIENT acknowledges that they can optimize their potential results from the PROGRAM by adhering to the following:
Completion of all PROGRAM material, including add-ons or bonuses, if applicable;
Thoughtful and meaningful participation in all coaching calls with COACHES (or watching replays if they cannot attend live);
Utilization of COACHES’ feedback on Facebook;
Completion of all assigned work, journaling, material, and research between each coaching call;
Committing to the PROGRAM;
Attending each coaching call at the scheduled date, on time, or watching the replay;
Taking 100% responsibility for CLIENT’S results, 100% of the time.
6. RESCHEDULING POLICY
A. SCHEDULE.
CLIENT shall receive twelve (12) months’ access to the PROGRAM, which includes access to the private Facebook community. From time to time inside the community, the COMPANY and/or its COACHES will provide coaching calls.
Both COMPANY and its COACHES reserve the right to reschedule any calls or other portions of the PROGRAM due to office closures, sick days, personal days, holidays, travel, etc. Portions of the PROGRAM may be rescheduled at COMPANY’s sole discretion, however, COMPANY shall provide notice to CLIENT in the event of a schedule change.
B. TIME ZONES & ATTENDANCE.
Note, the COMPANY cannot accommodate every PROGRAM member’s schedule, due to varying time zones and responsibilities. The COMPANY shall not reschedule group calls if CLIENT is unable to attend any or all group calls due to schedule conflicts or time zone difference. Likewise, the CLIENT shall not receive a refund in whole or part due to CLIENT’s inability to attend any calls or participate in any aspect of this PROGRAM.
COMPANY will do its best to post an updated schedule for the PROGRAM on the Facebook page in order for clients to be informed in advance of each call, however, COMPANY reserves the right to reschedule any or all portions of the PROGRAM at COMPANY’s sole discretion.
7. SIX MONTH ACTION BASED REFUND POLICY
COMPANY employs a six-month (6) refund policy which is exclusively action-based. If CLIENT wishes to claim this refund policy, CLIENT must submit proof of complying with the following requirements to operations@pt-domination.com:
Been in the PROGRAM for six (6) months.
Completed all modules in the Change lives Academy site with homework posted in the Change Lives Academy Facebook Group.
Earned less than ten thousand (10,000) USD total throughout the 6-month period.
Executed at least three (3) 14 Day Challenges.
Completed the creation and development of a Free Facebook community.
Attended at least two (2) calls per week during the entirety of the six (6) months in the Change Lives Academy Facebook group.
Completed and sent COMPANY’s Monthly Typeform reporting their income.
Gone live on Facebook and Instagram on their personal pages for ninety (90) days consecutively at minimum.
Posted 10 stories a day on Instagram and Facebook pages.
Posted 2-3 reels per day consecutively across all platforms: Instagram, Facebook and TikTok
Posted two to four (2-4) written posts per week on their Instagram and Facebook pages.
Sent twenty-five to fifty (25-50) daily outbound DMs on Instagram, Facebook and TikTok.
Completed the creation of 3 ebooks for lead generation and distributed to their prospects.
Set up active training software with 24 template programs completed.
Completed 12 meal plan templates.
Written a detailed core offer and attached to payment system Stripe or PayPal.
Written a detailed avatar and posted to the FB group.
Attended at least 3 content audits.
If CLIENT submits proof and is approved by COMPANY, CLIENT will receive a full refund of their paid 6 months in the PROGRAM within the following 48-72 business hours of the approval.
If CLIENT submits proof and is denied by COMPANY, CLIENT will not receive either a full or partial refund, and must complete the remaining time and/or balance left in their twelve (12) months.
8. CANCELLATION POLICY
If CLIENT wishes to cancel the PROGRAM, it is required to have a one-on-one Zoom meeting with COMPANY’s momentum coach and to fulfill any remaining balance of this twelve (12) month agreement in one installment.
9. PAYMENT & FEES
Upon execution of this Agreement, CLIENT agrees to pay to the COMPANY the full amount, regardless of what payment option CLIENT selects at checkout.
All payments must be paid before the PROGRAM end date, or else COMPANY reserves the right to terminate services and/or enforce its rights under this Agreement to the fullest extent of the law.
COMPANY is not responsible for any foreign transaction fees or for currency exchange rates.
CLIENT authorizes COMPANY to charge the credit card or account used for the first payment to complete all payments, and CLIENT does not require separate authorization for each payment.
If any payments fail, CLIENT agrees to remedy the situation immediately (ie. update CLIENT’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else CLIENT forfeits their right to access the PROGRAM, and COMPANY may terminate this Agreement with no money back to CLIENT. COMPANY may also black-list CLIENT from any and all future offers if payments are not made under this Agreement.
CLIENT shall not threaten or make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. In the event of a chargeback, COMPANY reserves the right to report the incident to credit reporting agencies as a delinquent account.
COMPANY reserves the right to collect any and all monies owed by CLIENT to COMPANY, by any means necessary within the parameters of the law. CLIENT shall pay for any fees associated with recouping payment, including but not limited to, collections fees, late fees, interest, administrative fees, and/or attorneys’ fees, as well as costs and disbursements related to the same.
Late Fees – COMPANY understands that, from time to time, there are issues with payment. All payments must be received by COMPANY within five (5) business days of the due date for that
installment. Any payments not received within five (5) business days of their due date will result in CLIENT’S breach of this Agreement and may result in termination of COACHING SERVICES with no refunds and with all future payments due and owing under the Agreement.
A. PAYMENT PLAN.
The payment plan fee for the program is six thousand and xx/00 US Dollars ($6,000.00 USD) (“PP FEE”), which must be paid as follows:
Twelve (12) monthly payments of five hundred and XX/00 Dollars ($500.00 USD).
B. PAID-IN-FULL.
The paid-in-full fee for the program is one installment of three thousand five hundred and xx/00 US Dollars ($3,500.00 USD).
10. TERMINATION
CLIENT dissatisfaction with COMPANY and/or COACHES’ subjective teaching style, independent judgment, methods, or other techniques, as well as disappointment with the size of the group PROGRAM container, are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM and executing this Agreement.
COMPANY is committed to providing quality service to all CLIENTS. However, from time to time, situations arise that require the COMPANY to terminate the Agreement before the TERM expires. As such, COMPANY reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) CLIENT fails to follow PROGRAM guidelines; 2) CLIENT is abusive or harasses COACH or other members of COMPANY; 3) CLIENT refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) CLIENT proves to be difficult to work with and/or does not attend the scheduled coaching calls; 5) for any other legitimate business purposes in the best interest of COACHES and/or COMPANY. If any of the following causes trigger COMPANY to terminate the Agreement, COMPANY shall not refund CLIENT for the unused portion of the PROGRAM, nor is CLIENT entitled to any relief from future payments due and owing under the Agreement.
11. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
A. CONFIDENTIAL INFORMATION.
COMPANY takes pride in its proprietary information that is inherently part of COMPANY’s systems and included in each PROGRAM. As such, CLIENT agrees and acknowledges all “CONFIDENTIAL INFORMATION” (defined below) shared through this PROGRAM and by the COMPANY is confidential, proprietary, and belongs exclusively to COMPANY.
“CONFIDENTIAL INFORMATION” includes, but is not limited to:
Any systems, sequences, processes or steps shared with CLIENT;
Any information disclosed in association with this Agreement, including the contents of Agreement;
Any conversations held between the COACHES and CLIENT during a session or otherwise;
Any information or data (in tangible or intangible form, regardless of medium), belonging to COMPANY and not generally known by the public;
Any trade secrets in connection with the PROGRAM or COMPANY’s business practices;
Any ideas, concepts, inventison, improvements, new product concepts, new course concepts, new guide concepts, new method concepts, concepts for any products, courses, guides, or
methods under development, concepts for concepts for improvements to existing products, courses, guides, or methods, technical information, product concepts, prototypes, test results, product specifications, business plans and forecasts, marketing plans, budgets, financial forecasts and projections, customer lists and information, suppliers lists and information, and all COMPANY financial information in any format, all pending trademark applications, all pending copyright applications, and all products and brands developed by or under development by COMPANY; and
Any other information or material that should reasonably be recognized as confidential.
B. TESTIMONIALS.
COMPANY also takes seriously its responsibility to protect CLIENT’S personal information and privacy. COACH and COMPANY agree not to disclose any of CLIENT’S personal information, such as but is not limited to, discussions held during sessions.
However, from time to time, COMPANY may use general statements about CLIENT’S success as social proof and part of its marketing strategy. By signing this Agreement, CLIENT agrees to COMPANY sharing CLIENT’S success stories on social media, which may include screenshots of conversations between COACHES and CLIENT. COMPANY may also ask CLIENT to provide testimonials about the COACHES, the COMPANY, and the PROGRAM via video, audio or written testimonials, which COMPANY may use on its social media and in paid advertisements. CLIENT hereby authorizes COMPANY to use CLIENT’s name, likeness, and image on COMPANY’s social media accounts, websites, and in advertisements as part of CLIENT’s testimonial. CLIENT hereby releases all rights associated with compensation, including royalties, for COMPANY’s use of CLIENT’s name, image, and/or likeness in testimonials.
C. INTELLECTUAL PROPERTY.
This PROGRAM and content contain intellectual property owned by the COMPANY and by third-parties that license certain intellectual property to COMPANY. This Agreement is intellectual property licensed to COMPANY.
Other examples of intellectual property found on our website and within our PROGRAM, products and services include, but are not limited to: methods, systems, workshops, videos, downloadable materials, trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “INTELLECTUAL PROPERTY”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the INTELLECTUAL PROPERTY owned by or licensed to COMPANY, either whole or part, without prior written consent.
D. LIMITED LICENSE.
COMPANY grants CLIENT a limited, personal, non-exclusive and non-transferable license to use the PROGRAM for their personal and internal business use. CLIENT acknowledges that any and all products or materials that are downloaded are for their own personal and internal business use. CLIENT shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the PROGRAM without prior written consent or unless provided otherwise.
CLIENT holds a limited license during the TERM of this Agreement to use COMPANY’s proprietary PROGRAM. If the CLIENT is also a business owner in a similar industry, CLIENT shall not misappropriate any of COACHES’ or COMPANY’S INTELLECTUAL PROPERTY in the following manner:
Teaching CLIENT’S personal clients any of the information, methods, solutions, or formulae owned by the COMPANY and passing it off as their own;
Copying any of COMPANY’s course material or free content for CLIENT’S commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the INTELLECTUAL PROPERTY owned by COMPANY in either whole or part without prior written consent.
12. GROUP GUIDELINES
A. CONFIDENTIALITY.
CLIENT hereby acknowledges that this is a group PROGRAM. As such, there may be times (ie. inside the private group community and/or during coaching calls) where other PROGRAM participants have access to CLIENT’s information, including business ideas, questions, etc. Likewise, CLIENT may have access to other members’ information. CLIENT hereby agrees to keep all participants’ information discussed during the PROGRAM confidential, and rests assured that other participants are under the same obligation to CLIENT. However, CLIENT hereby indemnifies and holds COMPANY harmless for any PROGRAM participants’ breach of this section.
B. ZERO TOLERANCE POLICY.
CLIENT and other PROGRAM participants also agree to be supportive and kind to one another. Any incidents of bullying, harassment, discrimination, or other abuse shall be met with a Zero Tolerance policy, and COMPANY reserves the right to expel CLIENT for breach of this section with no money back.
C. COMMUNICATION WITH THIRD-PARTIES.
This PROGRAM may include community aspects, such as courtesy access to a student-only Facebook group. COMPANY shall not be held liable, either directly or indirectly, for CLIENT’s communication with any other student or third-party that may or may not be part of the PROGRAM. Creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the CLIENT. COMPANY is not liable for the actions of those third-parties, nor is COMPANY to be held responsible for any communications, conflicts, or damages that occur through CLIENT’S communication and/or collaboration with a third-party. While COMPANY will take reasonable measures to ensure there is no injurious communications inside the PROGRAM community, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
D. DISPUTES & CUSTOMER SUPPORT.
COMPANY has developed a proprietary system to ensure clients feel supported. However, from time to time, there are issues that arise. In the event that CLIENT has any issue whatsoever with the PROGRAM, whether tech or substantive or otherwise, CLIENT hereby acknowledges they will raise that issue through private channels, as to not flood the student platform and/or community. Namely, CLIENT shall email its question or issue to operations@pt-domination.com.
13. MISCELLANEOUS
A. Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable
portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. Voluntary Agreement – THE PARTIES ACKNOWLEDGE THAT THEY HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION, AND BASED UPON THEIR OWN JUDGMENT AND NOT IN RELIANCE UPON ANY REPRESENTATIONS OR PROMISES MADE BY ANY OTHER PARTY OTHER THAN THOSE REPRESENTATIONS OR PROMISES CONTAINED IN THIS AGREEMENT.
E. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by COMPANY.
F. Governing Law – COMPANY is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Alberta, Canada and the venue shall be a court or decision-maker of competent jurisdiction within the Province of Alberta, Canada.
G. Arbitration – Any disputes arising under this Agreement shall first be resolved through an arbitration proceeding and take place in Alberta, Canada .The decision or award of the arbitrator shall be final and binding upon the parties.
H. Attorney’s Fees – In the event that Arbitration arises in relation to this AGREEMENT, the unsuccessful PARTY in the arbitration shall pay to the successful party, in addition to all the sums that EITHER PARTY may be called on to pay, a reasonable sum for the successful party’s attorney fees.
I. Execution – CLIENT agrees to accept the above Agreement in its entirety when CLIENT selects and confirms “I agree to the Terms & Conditions” at the PROGRAM checkout page and by rendering first payment.