THE FORCE WITHIN MENTORSHIP CONTRACT

The Client and the Company are individually referred to as “Party” and may be collectively referred to as the “Parties.”

WHEREAS, Company offers Coaching (“Coaching Services”) provided by Company to the Client; 

WHEREAS, the Client seeks to join Company’s Group Coaching and gain consultation and coaching by Company;

NOW, THEREFORE, by signing up with Company, and in consideration of the foregoing, of the mutual covenants contained in this Agreement, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows:

EXPECTATIONS AND RESPONSIBILITIES.

Company will perform the following services for Client:

• Provide lifetime access to the The Force Within course curriculum for the lifetime of the course.
• The Force Within course guidebook.
• Access for 12 weeks to the private The Force Within group hosted on Facebook.
• Timely responses to your questions, daily accountability, and support from The Force Within's team.
• 1 live group coaching call per week for 12 weeks.

Client agrees not to engage in the following behavior. Client shall not:

• Share it’s username and password with any third-parties 
• Restrict or inhibit any other from using and enjoying the program
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component

COMMUNICATION
Being accessible and attentive to clients is a priority. If Client needs to reach Company between Coaching Sessions, please contact Company at any time via email at [email protected] Company will do its best to respond to Client within twenty-four (24) hours Monday through Friday. On weekends and holidays, Company will reply on the next business day.

• SOCIAL MEDIA
  Client will be granted access to Facebook. The intent of such groups is to facilitate the coaching process and relationship between members, improve accountability, encourage members, celebrate achievements, create a community for clients, and facilitate coaching opportunities. If Company deems a Client’s behavior or content inappropriate, harmful, or offensive in any way, Client or the content may be removed from the group without any notice.
• Company may monitor content posted on Facebook groups, message boards, chats and other public forums, but has no duty to do so.
• Using a third-party social media platform, message board, or forum will subject Client to the terms and conditions of that third-party website. Client is encouraged to read those terms and conditions before using the third-party’s website.

INVESTMENT
Client is financially willing and able to invest in this Program by choice, and by so doing, Client is not in any way incurring an economic hardship.

• We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force). All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. The Company will not be responsible for any taxes or duties owed by you.
• CONDITIONAL GUARANTEE

  We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. We offer a 60-day conditional refund period for purchases. In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you.

  In the event that you decide your purchase was not the right decision, within 60 days of enrollment, contact Spencer at [email protected] by the 60th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund. 

  The work that you need to submit with your request for a refund includes ALL of the following items:

  1. Must show activity inside of our private FB community and submit screenshots proving you’ve asked for assistance inside the group.
  2. All module videos in the The Force Within Kajabi Portal must be showing as completed
  3. Proof that all workbook pages listed in the The Force Within course portal have been completed

  We will NOT provide refunds more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

  All refunds are discretionary as determined by Spencer Megan LLC. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

  Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

  Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

  If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

  In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.

  Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

  Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.

  Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

  If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund.

  If you have any questions or problems, please let us know by contacting [email protected]

AUTHORIZATION AND RECEIPT
If the Client pays in full via debit card or credit card, Client will receive an electronic receipt. If Client uses a payment plan, Client agrees to automatic payments each month.

MISSED PAYMENT
If payment is not received by the date due or there is a problem with the payment transaction or method, Client will be notified by e-mail and have a three (3) day grace period to make the payment following the due date. During this time, the Program will be put on hold and commissions will be withheld, including during the grace period. If no payment is made within the grace period, the Program will automatically terminate, and Client will forfeit any remaining Coaching Sessions and Program access. 

TERMINATION

Company may terminate this agreement if:

1. Client becomes disruptive or difficult to work with;
2. Client fails to follow the terms of this agreement; or

iii. Any other reasons Company sees fit.

Company believes the Client will be happy with Company’s Program. Upon termination of this Agreement, Company will immediately revoke Client's right to use the Program and block all access to its account, and may anonymize or delete all data and information associated with Client’s account thirty (30) days after such termination. Upon termination of this relationship, Client will remain obligated to pay any accrued charges and amounts which become due for payment prior to or following termination.

CONFIDENTIALITY
All information exchanged between the Parties will be kept strictly confidential. Company will not disclose confidential information shared during the Program to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by Client.

INTELLECTUAL PROPERTY RIGHTS

All content provided by Company to Client (collectively, “Content“), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Company’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions. 

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) maintained by Company are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Company grants Client a limited license to access and make personal use of the Content. No Content or any other Internet site owned, operated, licensed, or controlled by Company may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that Client may download one (1) copy of the Content that Company makes available to Client for such purposes on a single computer for Client’s personal, noncommercial, home use only, provided that Client: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads. Client use of Content on any other website or computer environment is strictly prohibited.

The license granted to Client does not include, and specifically excludes, any rights to: resell or make any commercial use of any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. Client may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to Client hereunder. Client is granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. Client may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
Client acknowledges that it takes full responsibility for Client’s well-being and all decisions made before, during and after Client’s Program. Company has used care in preparing the information provided to Client, but all of the information, Programs, and services are made available to Client as marketing and business tools for Client’s own personal use and for informational and educational purposes only. Client accepts full responsibility for Client choices, actions, results, and expressly assumes the risks of the Program for Client use, or non-use, of the information provided to Client. Client also understands that they are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.

DISCLAIMER OF WARRANTIES; WAIVER
The content from Company is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, Company disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company does not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components. Client assumes the entire cost of all necessary servicing, repair or correction of any of Client equipment or software. Company makes no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to Client including, without limitation, any third party site or service linked to from Client and specifically, no representation or warranty of correctness, accuracy, completeness, reliability or safety).

Company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Company has not promised, will not be obligated to and will not 

(1) Procure or attempt to procure employment or business or sales for Client; 

(2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; 

(3) Act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; 

(4) Act as a public relations manager; 

(5) Act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; or 

(6) Introduce Client to Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.

LIMITATION OF LIABILITY
Under no circumstances will Company be liable to Client or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (1) participation in this Program or any content or functions thereof; or (2) any act or omission, online or offline, of any participant in this Program or anyone else, even if Company has been advised of the possibility of such damages. In no event will our total liability to Client for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that Client may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by Client, if any, for the right to access or participate in any activity related to this Program.

FORCE MAJEURE
Under no circumstances will Company be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond Company’s control including, without limitation, acts of god, war, pandemics, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.  

INDEMNIFICATION
Client, on behalf of Client’s heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives (now, collectively, “Client”), agree to indemnify, defend and hold Company, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by Client of this Agreement. Client will use Client best efforts to cooperate with Company in the defense of any claim. Company reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by Client.

TERMINATION
The client may terminate this Agreement at any time with seventy-two hours written notice via email. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the Program and must immediately make any payments that are due.  All the terms of this Agreement will still apply even after termination.

NOTICE
All correspondence or notice required regarding the Program will be made to Company and to Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to update the contact information within seventy-two hours.

MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement will be binding only if evidenced in a writing signed by each Party. 

ASSIGNMENT
Neither this Agreement nor any other rights or obligations under this Agreement will be assigned or otherwise transferred.

NO WAIVER
The failure to enforce any provision of this Agreement will not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.

EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement will not and will not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.

DISPUTE RESOLUTION
Client and Company will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise, Parties agree to submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, Client must submit its complaint to Company with full details about the dissatisfaction with the Program via e-mail to [email protected] Client understands that the only remedy that can be awarded to Client through arbitration is a full refund of Client Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail or will otherwise be forfeited forever. Arbitration will be held in Wayne County, MI and the prevailing party will be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

NON-DISPARAGEMENT
In the event of a dispute between Client and Company, Client agrees not to engage in any conduct or communications, public or private, designed to disparage Company. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By signing this Agreement, both Client and Company are acknowledging that each has read, understands, and agrees to and accepts all of the terms of this Agreement. Client Program will not begin until this signed document has been received, and payment has been made.

NONDISCLOSURE OBLIGATIONS
Client agrees to hold the Confidential Information provided by Company in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees: 

1. To take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure; 
2. Not to use any of the Confidential Information except in connection with the execution of the Company Services; and 
3. Not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by Company (collectively, “Representatives”).

NON-SOLICITATION OF EMPLOYEES
The Client will not specifically solicit for hire or poach Company’s employees, agents, consultants advisors, independent contractors, partners, directors or anyone otherwise having an interest in employment or a business relationship; provided that nothing herein will restrict or preclude the Client from doing, or hiring on the basis of, any of the following: 

1. Making generalized searches for employees by use of advertisements in the media (including trade media) or an independent employment agency (so long as it is not directed to solicit such persons); 
2. Continuing ordinary course hiring practices that are not targeted specifically at anyone working at Company; or 

(3) responding to any personnel working at Company who contacts the Client regarding his or her own employment on his or her own initiative without any direct solicitation by the Consultant other than any search or ordinary course practice referred to in clause (1) or (2) above.

GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of Michigan and the courts of Wayne County will be the sole forum for resolving disputes hereunder.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind will not be binding upon any Party, except to the extent incorporated in this Agreement.

Spencer Megan, LLC (COMPANY)                                          

Printed Name: Spencer Cotter

Date: 1/27/24

Title: Head mentor