TERMS AND CONDITIONS
Coaching Contract: By signing the coaching contract, you (“the client”) represent and acknowledge that you understand and agree to Success Strategies Institute, Inc. dba Tom Ferry – Your Coach’s (“Company’s”) Terms and Conditions as follows:
- You agree to comply with the rules and policies governing the program for which you have contracted, as existing now or later as announced by the Company.
- The services provided under the Contract are for business purposes only.
- The Company’s products and services are made available to you, for your sole use, and you may not make them available to others.
- You may not transfer, assign, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Company’s prior written consent.
- You will be charged in consecutive payments until the entire contract is paid in full regardless of the number of coaching calls completed. Paid calls not conducted during the term can be utilized at the end of the contract. All coaching calls must be conducted within 15 months of the date the agreement was signed by you.
- All installment payments are due in advance of service being provided.
- You will be charged thirty dollars ($30.00) for any charge rejected as NSF. Late payments will accrue interest at the maximum rate permitted by law.
- In the event of a default in payment of any installment due, all services and privileges shall be suspended and you shall, nevertheless, remain liable for the full amount of the contract price, which shall become immediately due and payable in full.
- You agree to pay all attorneys’ fees, costs, and expenses of collection of any amounts due under your contract.
- You agree to be present on each scheduled call. You will not receive a refund, credit nor a replacement call in the event that you miss a call without providing 24 hours’ notice to your assigned Coach (“No Show”).
- No expressed or implied warranties are given by Company. Company disclaims, and you waive, any implied warranties including warranties of fitness for a particular purpose. Company’s agents and employees have no authority to make warranties or alter this Agreement other than in writing with an attached addendum, signed by the Company.
Money Back Guarantee
If you do not close/have pending 3 sides (listing sales/buyer sales) during the initial terms of the 12 month consecutive coaching contract, you are entitled to receive your coaching fee monies back, if, and only if, the following expectations are met by you, the client.
- You have completed the one-year (during 12 consecutive months) term of the Tom Ferry – Your Coach coaching contract.
- You can produce written documentation from your coach that you were present on all scheduled coaching calls, no exceptions.
- You have tracked and reported your sales numbers bi-weekly to your coach on: Database Contacts, Listing Appointments, Buyer Appointments, GCI, Listings Taken, Listings Sold, Buyers Sold.
- You have implemented 3 recommended lead generation systems.
- You have attended at least 1 Sales Edge event and the annual Success Summit. If you signed your contract at the Success Summit, you are required to attend the following year’s Success Summit.
You may not cancel your services prior to completing the term of this agreement. Should you desire to discontinue services, you must notify Tom Ferry – Your Coach in writing 30 days in advance AND you must pay off the entire balance of your unused contract immediately. Tom Ferry – Your Coach does not provide for early termination. You represent that you understand that the entire amount of the contract will become due and payable immediately, should you decide to cancel services early.
Unless you give written notice that you intend to terminate your contract at the conclusion of the term in writing, or renew this annual contract at the same price, you understand this coaching contract automatically continues on a month-to-month basis at an increased rate after the designated term ends until it is terminated in writing by you, the client. Provided you, the client, complies with the minimum length of the contract term, you may terminate this Agreement by written notice delivered to the Tom Ferry – Your Coach email address (email@example.com) or physical address (6 Executive Circle, Suite 250, Irvine, California 92614). Notice must be provided 30 days prior to intended termination date.
- No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
- This Agreement is deemed to be entered into in Orange County, California. Each of the parties submits to the jurisdiction of any California Court. Venue for any action, proceeding, arbitration or mediation shall be in Orange County, California. You expressly consent to jurisdiction. You expressly consent to service of process by mail.
- These Terms and Conditions supersede any and all prior agreements, understandings, and communications between you and the Company whether written or oral, express or implied, relating to the subject matter of your contract(s) with the Company and/or the obligations, responsibilities and benefits of the parties. These Terms and Conditions are intended as a complete and final expression of the terms of the agreement between you and the Company. Your contract(s) with the Company may be amended only by written agreement and no purported oral amendment shall be valid. You agree that no party, nor anyone acting on their behalf has made any inducements, agreements, promises, nor representations other than those set forth in your contract(s) with Company.
- The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees and costs.
You hereby represent and warrant that you have read, understand and agree to all of the Terms and Conditions and Money Back Guarantee.