SCALE WITH SUCCESS (R)
When you enroll in the Growth & Profit Accelerator Program (R), you are agreeing to the following conditional return policy. Please read carefully.This Group Coaching Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant identified below (“Participant”) in a group coaching program (“Program”) created by Blue Sky GPS.
1. The Program
The Program is a coaching program with a 12 month commitment for small business owners organized to educate participants about various aspects of operating and growing a business. The Program will run from the first day payment is received (“Program Start Date”) by Blue Sky GPS through 12 months (“Program End Date”).
2. Program Fee and Payment Schedule
a. Program Fee
a. Program Fee
The Fee for the Program is $7,500.00 if Participant pays in full at time of signing this Agreement. This is in USD regardless of location. The Program Fee includes:
· Access tothe 10-week online training program ;
· Access to membership portal with trainings for duration of enrolment ;
· Access to twelve (12) months of group coaching calls for duration of enrolment ;
· Facebook group for duration of enrolment
· Access to twelve (12) months of group coaching calls for duration of enrolment ;
· Facebook group for duration of enrolment
b. For Participants Paying in Full
i. Payment Schedule
Participant must pay the Program Fee of $7,500.00 to the Company. Failure to pay the Program Fee will result in Participant forfeiting his/her admission into the Program.
ii. Cancellations
Requests for cancellations and/or refunds received by Company will not be honored and any outstanding balance owed to the Company for the Program must be paid in full. Changes or substitutions cannot be made to the Program participant.
c. For Participants Selecting the Payment Plan
i. Payment Schedule
Participant must return a signed copy of this Agreement and make an Initial Payment of $1,500 to the Company (“Initial Payment”). Failure to return a signed copy of this Agreement and pay the Program Fee by the foregoing deadline will result in Participant forfeiting his/her admission into the Program.The remaining three (3) monthly installments of $2000 must be paid each consecutive month starting 30 days after Initial Payment until the Program Fee is paid in full. Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, Company may remove Participant from the Program and shall have no liability in that regard.ii. CancellationsRequests for cancellations and/or refunds received by Company will not be honored and any outstanding balance owed to the Company for the Program must be paid in full. Changes or substitutions cannot be made to the Program participant.
3. Participant’s Conduct
Participant agrees to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behaviour creates a disruption or hinders the Program or the enjoyment of the Program by other participants. TheProgram may only be accessed by the Participant – the individual who is the customer on record with the Company. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
4. Confidentiality
Participant understands that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
5. No Lifetime Access
Participant understands that his/her enrolment in the Program is for a period of twelve (12) months. Participant will not have access to the Program after the Program End Date.
6. Release
Participant agrees that the Company may use any images, audio recordings or video recordings of Participant obtained while enrolled in the Program. Participant waives any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.
7. Intellectual Property
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Program partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at or provided in connection with the Program for any reason without the prior written permission of the Company.
8. Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
9. Force Majeure
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
10. Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of Western Australia and any disputes arising from it must be handled exclusively in Western Australia. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
11. Entire Agreement; Waiver
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
12. Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
13. Severability
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Privacy Policy Please read this Privacy Policy carefully before using this Website.Privacy Policy Consent
The Website and its Content is owned by Blue Sky GPS (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.growthandprofit.coach (“Website”).
Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Website or its Content.
Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Website or its Content.
Submission, Storage and Sharing of Personal Data
To use our Website or its Content, we may seek personal data including your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when visiting or interacting with our Website and its Content (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information.Your Confidential Information is stored through by us internally or through a data management system. Your Confidential Information will only be accessed by those who help to obtain, manage or store that Information, or who have a legitimate need to know such Confidential Information.There may be an occasion where we may ask for demographic information such as gender or age, but if you choose not to provide such data and information, you may still use the Website and its Content, but you may not be able to use those services where demographic information may be required.
Confidentiality
We aim to keep the Confidential Information that you share with us confidential. Please note that we may disclose such Confidential Information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.
Viewing by Others
Note that whenever you voluntarily make your Confidential Information or Other Information available for viewing by others online through this Website or its Content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the Confidential Information or Other Information that you voluntarily share.
Passwords
To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.It is your responsibility to protect your own username and password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your personal information at your own risk.By using our Website and its Content you agree to enter true and accurate information on the Website and its Content. If you enter a bogus email address we have the right to immediately inactivate your account.We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Unsubscribe
You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications.We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at [email protected]
.Anti-Spam Policy
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 13 years of age in compliance with COPPA (Children’s Online Privacy Protection Act), and our Website and its Content is directed to individuals who are at least 13 years old or older.
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other Websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Use of “Cookies”We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website or its Content.
Privacy Policies of Other Websites
We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its Content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Confidential Information and Other Information.
Assignment of RightsIn the event of an assignment, sale, joint venture, or other transfer of some or all of our assets, you agree we can assign, sell, license or transfer any information that you have provided to us. Please note, however, that any purchasing party is prohibited from using the Confidential Information or Other Information submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy without your prior consent.
Notification of Changes
We may use your contact information to inform you of changes to the Website or its Content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its Content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its Content following the posting of changes and/or modifications constitutes acceptance of the revised Privacy Policy.
If you have any questions about this Privacy Policy,
please contact us at [email protected] Updated: January 2019