Diamond Coaching Agreement
      
This coaching agreement (“Agreement”) is made and entered into as of [_____________] and will end 90 days after initial onboarding call, between Zander Holt Research Group LLC (hereinafter referred to as the “Coach” or “Company”) and ____________________ (hereinafter referred to as the “Client”). The Coach and Client shall collectively be referred to as the “Parties”. 
    
NOTICE OF BINDING ARBITRATION     
This Agreement contains an arbitration provision, and as such, signing this Agreement constitutes your express consent to submit any and all disputes to binding arbitration.     


PURPOSE OF THE AGREEMENT
The Client wishes to engage the Coach for coaching needs as detailed in this Agreement. Coach has agreed to provide such coaching services according to the terms outlined below.
      
TERMS OF AGREEMENT
For good and valuable consideration the parties agree to the following terms:


TERMS OF ENROLLMENT     
The following policy governs your participation in the Program presented by Zander Holt Research Group LLC. (“Coach” or “Company”) Please read this Policy carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions. 
We are committed to providing all participants with a positive experience. Thus, COACH may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
You become disruptive or difficult to work with; you fail to follow the program guidelines; or, you impair the participation of our instructors or participants in our program(s).  
Content:
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your Actions.
We assume no responsibility for errors or omissions that may appear in any program materials.
Usernames and passwords may not be shared with any third-parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.    
 
SERVICES
The Client has selected Coach’s Diamond Coaching Program. Coach will provide the following services (the “Coaching Services”) during the term of this Agreement which is outlined below:    


Program Deliverables:           
– 90 Days of Access to Rock Hard For Life Diamond Coaching Program
– 3 x 60 minute Sessions 1 on 1 with Coach over the course of 90 days
– The Rock Hard For Life Formula Online Video Modules for life (Life meaning as long as Company exists or  lifetime of the Company)
– Group Online Coaching Calls – 1 Call Per Week ​
– Coaching Call Recordings
– Private Community / Secret Facebook Community Group
          
TERMS AND TERMINATION
      
Term. The Coaching Services will begin on the day of the first onboarding call and shall continue for 90 days or as otherwise terminated by the parties in accordance with the terms outlined herein (the “Term”). The Term may be extended at any time by the mutual agreement of the parties in writing.
      
Termination by Client. Client may terminate the Coaching Services at any time and for any reason by informing the Coach in writing. Client acknowledges and agrees that termination of this agreement does NOT discharge Client of any duties or obligations contained in this Agreement, and as such, Client will continue to be liable for any and all payments still due under this Agreement.
      
Termination by Coach. Coach may terminate the Coaching Services at any time and for any reason by giving 1-week written notice to Client. If Coach terminates the Coaching services early and Client has made payment(s) for services that Client will not receive, Client will be reimbursed at a prorated rate based on the date of actual termination. Client will receive reimbursement for any prorated amount within [#] days of the actual date of termination. The prorated amount will be calculated as follows: (Total Cost of [PACKAGE] ÷ Number of [Days OR Sessions] in [PACKAGE]) x (Number of Days Remaining in [PACKAGE] = Prorated Amount. Client will continue to be liable for any and all payments up until the date of actual termination of the Coaching services. Client is not entitled to any compensation or reimbursement of any kind for services Client has not yet paid for and will not receive due to Coach’s early termination in accordance with this Agreement. 
   
COMPENSATION
      
In consideration for the Coaching Services to be performed by Coach, Client agrees to pay Coach the sum total of $10,000USD up-front, in-full via electronic payment OR in cash OR by personal check OR by bank transfer. Client acknowledges and agrees that payment in full is required before any Coaching Services will begin.  


If for any reason Company is offering a special discount/promotion for a limited time, then that replaces the above.  


Accurate Billing Information. In order to ensure timely payment, Client agrees to provide and maintain accurate and updated billing information to Coach and/or a third-party payment processor chosen by Coach.      
Missed or Late Payments. If any payment is not made in full by the due date of the payment, Coach reserves the right to charge $25 daily late fee in excess of the delinquent amount until the sum total due (including any late fees) is paid in full. Client acknowledges and agrees that such late fees are fair and reasonable   
Costs of Collection. If any payment obligation is not paid or owed when due, as outlined herein, Client acknowledges and agrees that Client will be liable for any and all costs or fees of collection, including without limitation, reasonable attorney fees, whether or not a lawsuit is initiated as part of the collections process.   


Effect of Non-Payment. Coach reserves the right to stop providing the Coaching Services if Client fails to timely make any payment or if payment is not able to be timely processed, unless and until Client makes the requisite payment in full, including any late fees. Client acknowledges and agrees that non-payment may result in Client forfeiting some or all of the Coaching Services and that Client will not be reimbursed or compensated for such forfeited services.     


Acceleration. At Coach’s option, the entire amount due under this Agreement, including any late fees, may become due and payable upon Client’s breach of any term, provision, or condition of this Agreement (including without limitation, a late or missed payment).
    
SUNSET CLAUSE     
If you are non-responsive and do not engage with Coach at all for a period of 3 months or more when you have been contacted a minimum of 3 times, the coach has the right to cancel the agreement and keep all money paid up until the time of cancellation. Upon cancellation, Client forgoes the right to the refund policy.
      
REFUND POLICY
Once this agreement is signed, the client agrees to follow through with all payments. If for some reason the client cannot continue for an extended period of time, notice must be given in writing and Coach will hold all payments collected as credit for the client to continue in the future or for the client to use on other services inside the Company.
      
If the client is unhappy with the results at the end of the program have put in the work and can prove they have completed all video modules, workbooks, exercises, assignments, and attended at least 80% of the group coaching calls then a refund will be considered at the Coaches full discretion based on the effort put forth by the client. This refund will include the offerings in the RHFL guarantee:
1. Full refund of money spent and Coach will pay client $1,000USD
OR
2. Coach will work with client until they achieve their desired results via continued Group Coaching
All deposits for in person events are non-refundable, due to unrecoverable third party fees.
Other than the above stated in this REFUND POLICY All sales are final​ and no refunds will be afforded and you waive any rights to charge-back your purchase with your credit card processor.
      
PROCEDURE SERVICES
Virtual Sessions. Coaching sessions will be provided virtually, and at a time specified in the client orientation. This time is subject to change depending on the group opinion poll and on the location and time zone of Coach.


Communication. Coach is available to Client for questions, support or other service-related inquiries during the Term via Messenger, Telegram or E-mail. Coach will respond to any inquiry from Client within 48 hours of Coach’s receipt of the message unless Coach advises Client otherwise. Coach is unavailable during weekends.
      
CANCELATION AND LATE POLICY
      
Client Cancellations. Client understands and agrees that Client must inform Coach of any cancellation or change to a scheduled coaching session at least 24hrs in advance of the scheduled session. Client understands and agrees that Client may forfeit a coaching session, without reimbursement, compensation, or rescheduling, if Client cancels a session less than 24hrs prior to the scheduled session. Coach reserves the right to charge Client, and Client agrees to pay, the fair value of any session canceled less than 24hrs in advance. Coach will make a good faith effort to reschedule any session canceled more than 24hrs prior to the scheduled session.
      
Coach Cancellations. If Coach needs to cancel or modify the time for a scheduled session, Coach will inform Client at least 24hrs in advance unless the cancellation or modification is due to an emergency or illness, as determined in Coach’s sole discretion, then Coach will inform Client as soon as is reasonable under the circumstances. Coach will reschedule any sessions canceled by Coach in good faith.
      
CONFIDENTIALITY
      
Coach’s Non-Disclosure. Coach agrees to hold in confidence anything that Client shares with Coach throughout the Term, whether orally, in writing, or through electronic communication (collectively “Confidential Information”). Coach’s duty to hold the Confidential Information in confidence shall survive the termination of this Agreement unless otherwise provided in this Agreement.
Exceptions. Coach may disclose Confidential Information to third parties as authorized by the Client in writing. Coach reserves the right to disclose Confidential Information without Client’s consent, when necessary, as determined in Coach’s sole discretion, to comply with law enforcement or the law (such as responding to a subpoena) or to protect the physical, mental, emotional, or financial safety and security of Client, Coach, Coach’s business, or any other third party.
Client’s Non-Disclosure. Client acknowledges and agrees that after participating in the Coaching Services, Client will have gained access to Coach’s intellectual property and various trade secrets, including without limitation, guidance, written materials, technical information, video content, templates, processes, techniques, or any other information that may become available to Client by or through the Coaching Services, whether transmitted orally, in writing, or electronically (collectively, “Coaching Information”). Client acknowledges and agrees that Client will not, directly or indirectly, reveal, report, publish, disclose, make any unauthorized copy or reduce to any written form, hold out as their own, or use for any commercial purpose, any Coaching Information that Client receives by or through the Coaching Services.
      
PRIVATE FACEBOOK GROUP ACCESS    


Client will have access to Coach’s private Facebook group, [RHFL DIAMOND MEMBERS COMMUNITY] (the “Group”). Joining and/or participating in the Group is completely voluntary and is not a requirement for participating in the Coaching Services and will have no impact on the coaching relationship. In order to maintain Client’s privacy and autonomy, Client must request to join the Group (i.e. Coach will not automatically add Client to the Group), which Client may do at: [https://www.facebook.com/groups/917511525294633/].    


DISCLAIMERS     


Medical and Mental Health Disclaimer. Client acknowledges and agrees that the COACHING SERVICES AND THE INFORMATION PROVIDED AND EXCHANGED THEREIN IS NOT INTENDED TO BE, NOR SHOULD IT BE RELIED ON OR USED AS, A SUBSTITUTE FOR MEDICAL OR MENTAL HEALTH ADVICE OR SERVICES. Client acknowledges and agrees that Coach does not provide health care, medical care, nutritional services, therapeutic services, or other services intended to diagnose, treat, prevent, or cure any physical, mental, or emotional illness, disease, or condition. Client agrees not to delay in seeking, or disregard, medical or mental health advice from a qualified professional because of something Client reads or receives from Coach by or through the Coaching Services. Client acknowledges and agrees not to stop taking medications or start any new health care regimen without first consulting Client’s personal medical, mental health, or other qualified professional.
      
Warranty Disclaimer. Except as otherwise expressly stated in this Agreement, Coach does not make any guarantees, warranties, or representations of any kind, whether express or implied, with respect to the Coaching Services or this Agreement. Coach does not guarantee or warrant any specific result or outcome by or through the Coaching Services.
      
Testimonial Disclaimer. Coach may choose to provide testimonials from current or previous clients on Coach’s Website, social media, and/or other promotional materials, in order to provide further information and commentary from other clients’ experience with Coach and Coach’s services. While any text or quotes used in such testimonials are from actual clients sharing their authentic and honest opinions, beliefs, and experiences, these testimonials are not to be considered in any way a guarantee that all clients or that Client, in particular, will have the same experience, result, or outcome. Client acknowledges and agrees that reading a testimonial on Coach’s Website, social media, and/or other promotional materials, is not a guarantee or warranty of a particular result or outcome and that Client does not expect to have a similar experience, result, or outcome as represented in the testimonial.
      
Earnings Disclaimer. Coach has made every effort to accurately represent his Coaching Services, whether on Coach’s Website, social media, promotional material, or in any other writing or communication, whether oral or in writing, made by Coach, and its potential for income, growth, profitability, or results. However, Client understands and agrees that Coach cannot, and does not, make any representations or guarantees as to future incomes, expenses, potential profitability or loss, particular results, or outcomes, of any kind, that may result from or relate to your purchase and/or participation in the Coaching Services. Client understands and agrees that individual outcomes will vary and are based on individual circumstances, effort, capacity, experience, and/or commitment. Client understands and agrees that Coach has no responsibility and is not liable, in any capacity, for Client’s choices, actions, results, outcomes, use, misuse or non-use of the information provided by or through the Coaching Services. Client acknowledges and agrees that Client has no expectation of a particular result or outcome by participating in the Coaching Services.
      
Legal and Financial Disclaimer. Coach does not provide legal services, financial services, or tax services. Client understands and agrees that the Coaching Services are not intended to be, nor should be relied on, or used as a substitute for legal, financial, business or other professional advice, and that any information transmitted by or through the Coaching Services is for informational purposes only. Client is hereby notified that they should promptly seek advice from a local attorney, accountant, financial advisor, business consultant, or other qualified professional should Client have any questions or issues related to their specific legal, financial, or business situation. Client acknowledges and agrees that Client will not delay in seeking, or disregard, legal, financial, or business advice from a qualified professional because of something Client read or received from Coach or by or through the Coaching Services.
      
LIMITATION OF LIABILITY 


Client hereby agrees that under no circumstances shall Coach or Coach’s employees, agents, assigns, and affiliates be liable to Client for any ordinary, direct, indirect, incidental, consequential, special, punitive, or exemplary damages in connection with or arising out of, or in any way relating to the Services or this Agreement, That result from the use of, or the inability to use the site, including ur messaging, blogs, comments of others, books, emails, products, or services, or third party materials, products, or services, or services made available through the site or by us in any way, however caused, under any theory of liability, regardless of whether Client has been advised of the possibility of any such loss or damage. In any state that restricts or limits the use of certain limitations of liability or warranty disclaimers, Coach’s / Company’s liability is limited to the fullest extent permitted by law. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials. This site is continually under development and the Coach / Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In no event shall Coach’s cumulative legal liability in any matter arising out of or relating to the Services or this Agreement or a breach thereof, exceed the monies Client has actually paid to Coach in the twelve (12) month period immediately preceding the event(s) giving rise to such liability. This section shall survive the termination of the Agreement.
      
INDEMNIFICATION
      
Client hereby agrees to at all times indemnify, defend, and hold harmless Coach, and Coach’s employees, agents, assigns, and affiliates from and against any and all actions, causes of action, suits, claims, demands, losses, liabilities and damages, and expenses in connection therewith, including without limitation attorneys’ fees and costs (whether or not suit is brought), or any third party claims arising out of or relating to, whether directly or indirectly, the Coaching Services, this Agreement. This indemnification obligation shall survive any termination of this Agreement.
      
BINDING ARBITRATION FOR DISPUTE RESOLUTION           
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Broomfield Colorado in the United States of America, without regard to conflicts of laws provisions.


Dispute Resolution
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Colorado.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a Plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
      
INTELLECTUAL PROPERTY
      
All designs, text, images, templates, videos, graphics, trademarks, service marks, and other intellectual property (collectively, “Intellectual Property”) are owned and will continue to be owned by Coach. It is a violation of federal law to use any of Coach’s Intellectual Property, whether in whole or in part. Coach reserves the right to prosecute any violation of Coach’s intellectual property or proprietary rights, which is not limited to actions listed herein, to the fullest extent of the law.
      
Coach hereby grants Client a limited, revocable, non-transferrable, and non-exclusive license (without the right to sublicense) to use the Intellectual Property solely for Client’s personal, non- commercial use. Client acknowledges and agrees that under no circumstances will Client acquire any ownership rights or any other interest in any of the Intellectual Property and Client will not seek to obtain ownership rights of any Intellectual Property. Client may only use the Intellectual Property as outlined herein if Client provides clear and conspicuous credit to Coach, which may be satisfied by using Coach’s full name, Zander Holt / Van Pavlik, and business name, Rock Hard For Life / Zander Holt Research Group, and if appropriate, hyperlinking to Coach’s website. Under no circumstances shall Client hold out Coach’s Intellectual Property as Client’s own, even with attribution.    
 
GENERAL PROVISIONS
No Waiver. Coach’s failure to enforce or exercise any term of this Agreement is not a waiver of that section or of the Agreement as a whole.
No Assignment. Neither party may assign the Agreement or any part of their rights, duties, or obligations herein, to any other party without the other party’s written consent.


Force Majeure. In the event that either party is unable to perform its obligations under this Agreement because of unforeseen events beyond the party’s reasonable control (including without limitation, acts of God, terrorism or threat of terrorism, an act of declared or undeclared war, or civil riots, pandemics) the non-performing party may be excused from performance and shall not be liable for damages so long as the event continues to prevent performance.


Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all prior agreements, communications, representations, or understandings between the parties relating to this Agreement or the Creative Design Services.     
Sever-ability. If any provision of this Agreement shall be judged by an arbitrator or any court of competent jurisdiction to be unenforceable or invalid for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Amendment. This Agreement may only be amended by mutual agreement of the parties in a signed writing to be attached and incorporated into this Agreement.
      
Notices. All notices shall be in writing and shall be delivered via electronic mail (“E-Mail”) to the ordinary e-mail address each party uses for communication during the Creative Design Services. Notice shall be effective when it comes to the good faith attention of the recipient, which may be evidenced by a read receipt.
Headings for Convenience. The headings used in this Agreement are for convenience only and will not limit or otherwise affect these terms.
     
    
INTENDING TO BE LEGALLY BOUND HEREBY, and upon due authorization of payment, the parties have caused this Agreement to be executed on the day and year first written above. This Agreement shall be binding on and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.     
If the terms of our engagement are acceptable, please sign this Agreement. Please contact Coach immediately if you do not understand, or wish to discuss any aspect of the terms of this engagement.    
Coach will be unable to commence or continue to provide services or allow the client to partake in the Coach’s course until Client processes payment and enters into this Agreement.
     

Zander Holt
Founder of Zander Holt Research Group LLC