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TERMS AND CONDITIONS – Coaching Contract

Last updated: Aug 2023

Coaching Contract By signing the coaching contract (“Contract”), you represent and acknowledge that you understand and agree to Ferry International, LLC dba Tom Ferry

General

  • You agree to comply with the rules and policies governing the program for which you have contracted, as existing now or as later announced by the Company.
  • The services provided under the Contract are for business purposes only.
  • 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.
  • The Company reserves the right to substitute any individual coaching session with a group coaching session.
  • Any benefits, including those set forth on Schedule A, are only available for your use during a period when your contract is active and in good standing. Tickets for events which commence after the last date of your contract will not be honored.
  • If you are entitled to any free tickets under your contract (i.e.to Success Summit, Elite Retreat, Program Specific Retreats or Public Events, as may be announced by the Company), you are only entitled to free tickets one time, per applicable event, per contract term.
  • Any benefits not used during the twelve-month term of the contract (beginning on the date the contract is signed) are deemed null and void with the exception of coaching calls which must be completed within ninety (90) days following the term of the contract. However, in the event you renew your contract, unused coaching calls remaining under the original contract must be used within six (6) months.
  • Company reserves the right to substitute benefits set forth on Schedule A with other benefits which, in the sole discretion of Company, are of at least equal value.
  • Events may take place “virtually” and/or “remote” attendance may be permitted, at the discretion of Company.
  • Ancillary contracts or agreements (including “partner” agreements) are tied to the parent (or primary) agreement in terms and conditions.

Payment

  • An activation fee will be due upon signing, which may be waived by the Company; additionally, you will be charged in consecutive payments until the entire contract is paid in full regardless of the number of coaching sessions completed.
  • All installment payments are due in advance of service being provided.
  • You will be charged thirty dollars ($30.00) for any charge rejected as non-sufficient funds. Late payments will accrue interest at the maximum rate permitted by law.

Default

  • 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.

Client’s Responsibilities

  • You agree to be present on each scheduled coaching session. You will not receive a refund, credit nor a replacement session in the event that you miss a session without providing 24 hours’ written notice to your assigned Coach.

Warranties

  • No expressed or implied warranties are given by the 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

  • The Money Back Guarantee is intended for those who fully implement the entire Tom Ferry system, which includes being fully engaged in all recommended aspects of the program, including attending the Summit. For those individuals, the Company is so confident in its systems, it is willing to guarantee results. If you do not generate 2X the cost of the annual membership (“Contract”) in Gross Commission Income (GCI) from new (i.e. initiated after you sign the Contract) closed and pending transactions during the term of this 12-month Contract, you may be entitled to receive your coaching fees back, if and only if, the listed expectations are met by you, the coaching client. You must provide written notice, and include proof of compliance with the following requirements, within 60 days of completion of your contract to invoke this guarantee.
  • You complete the one-year term of your Contract during 12 consecutive months.
  • Your account remains active and in good standing throughout the 12-month Contract term. Payment interruptions will invalidate this Money Back Guarantee.
  • You are present on all scheduled coaching sessions and produce written documentation from your coach proving your presence. Failure to be present on any scheduled coaching session will invalidate this Money Back Guarantee. Make-up coaching sessions will count as “being present”, so long as you notify your coach in advance of needing to reschedule and do not “no show” on any session.
  • You track and report all of your sales numbers bi-weekly to your coach on: Database Contacts, Listing Appointments, Buyer Appointments, GCI, Listings Taken, and/or Transactions.
  • You are, and remain, a current full-time licensed Real Estate Agent and perform at least 30 hours Real Estate business per week during the Contract term.
  • You implement 3 recommended lead generations systems as directed by your coach.
  • You complete all required homework and upload completed homework in the system given to you by your coach.
  • You pay all charges under the Contract within 30 days of the due date.
  • You attend Success Summit, in person, during the Contract year (this does not include attendance at the Success Summit event at which you entered into this Contract) and one other Ferry International, LLC hosted event. Additional expenses apply.

Cancellation Policy

  • THREE DAY RIGHT TO CANCEL. You understand that you may cancel this contract without any penalty or obligation by providing written notice of cancellation by midnight of the third business day from the date you sign this contract to newclient@tomferry.com. Please visit tomferry.com/rescission for detailed information regarding your rescission rights and a Notice of Cancellation.
  • Other than as set forth above, you may not cancel your services prior to completing the term of this agreement. Should you desire to discontinue services, you must notify the Company in writing 30 days in advance AND you must pay off the entire balance of your unused contract immediately. Company 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.
  • The Company reserves the right to cancel this contract for reasonable grounds in the discretion of Company including, without limitation, your improper behavior such as harassment, intimidation, bullying, fraud, failure to cooperate, uncivil conduct and the like.

Renewal

  • Your annual contract will automatically renew at the original price unless Company provides 90 days’ written notice of an increased annual price. Payment of the renewal shall be charged/deducted in equal monthly installments. In the event you desire to terminate your contract, you must provide written cancellation prior to the contract termination date delivered via email to case@tomferry.com or via regular mail to 6 Hutton Centre Dr #700, Santa Ana, C A 92707

Miscellaneous

  • 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 the Company.
  • The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover reasonable attorneys’ fees and costs.
  • Coaching sessions may be monitored or recorded for training purposes only or for other reasonable business purposes including where services are being provided to you by a third-party vendor in cooperation with the Company.

 

Federal, regional and local laws, rules and regulations may be applicable to your industry and activities. Any user of the Company’s resources is responsible for learning, knowing and complying with the applicable rules and regulations of various jurisdictions, including, without limitation, those set forth by the Department of Real Estate or any realtor association; any relating to MLS or title insurance; and any other laws, rules or regulations promulgated by any governmental body or professional association in any industry served by the Company. The Company disclaims any liability for any user’s non-compliance with industry norms, laws and regulations.