Terms of Service Agreement - Updated May 21, 2024

This Terms of Service Agreement (hereinafter referred to as ‘Agreement’) is entered into by and between The Zulu Group, P.C. d/b/a Steve Rupp Coaching (hereinafter referred to as ‘Company’) and the Client. By clicking ‘I Agree’ or engaging in any coaching services provided by the Company/Coach, Client agrees to be bound by the terms and conditions of this agreement and acknowledges that you have read and understand this Agreement.

Services Offered: Company offers 1:1 Coaching services as well as group coaching and training and in-person and live training for various topics and programs, including but not limited to the Premier Connect™ program.

Client Responsibilities:

• Client agrees to provide accurate information and complete information during the registration process.
• Client is responsible for maintaining the confidentiality of their login credentials.  You may not share your login information with multiple people.
• Client agrees to use the Company’s services in accordance with all applicable laws and regulations.
• Client agrees to refrain from any conduct that may interfere with or disrupt the Company’s services or harm other users.
• Client agrees to hold harmless and indemnify the Company from any claims, damages, or liabilities arising from Client’s use of the services or their interactions with others in the program(s).
• Client agrees to treat their coach with respect and courtesy.
• Client agrees to be actively engaged in the coaching process, complete assigned tasks, and provide honest feedback 

Fees and Payment:

• Client agrees to pay all applicable fees for the services provided by the Company.
• Fees will be charged on a subscription basis or a one-time fee basis, depending on the services chosen as outlined on the Company’s website.  Client may opt for the payment plan option and agrees to pay the full amount over the duration of the payment plan period.  Client may not cancel the payment plan once selected and services/access to the program have been delivered.
• Payment is due in advance of each billing cycle, if subscription-based.  Payment is due prior to access to course content if non-subscription-based, unless payment plan option is selected.
• Company may charge processing fees and taxes in addition to the stated fees for the services/program Client selects.
• Fees/charges/additional costs may apply and will be outlined by the Company/Coach.
• Company reserves the right to modify its fees at any time, with prior notice to Client.

Cancellation and Termination, Refunds, Returns, and Exchanges:

• Non-Refundable Services: Our coaching services are non-refundable due to the personalized nature of the program and the commitment of the resources required to deliver them.  Each Coaching program is specifically tailored to your individual needs and goals, and your Coach invests significant time and effort in planning and delivering sessions.  Therefore, once a program is purchased, all fees are final and non-refundable.
• Due to the nature of our services, returns or exchanges are not applicable.  Coaching programs involve the consumption of intellectual property and personalized services, and once begun, cannot be returned or exchanged for another program.
• If enrolled in 1:1 Coaching, the contract term is 6-months, unless otherwise agreed to in writing by the Company.  Contract term automatically renews each 6-month period unless 30-day written notice prior to contract renewal is given to the Company.  No refunds will be given if Client terminates the contract prior to the contract end date and balance of the contract will be due immediately upon termination.
• If enrolled in Group Coaching, no refunds will be given if the Client does not complete the stated term of the Group Coaching program.
• If Client purchases Self-Paced program, no refunds will be given.
• Company may terminate this Agreement immediately if Client breaches any of its terms or engages in conduct that Company deems harmful to its business or operation.
• In rare cases, we may consider exceptions to this policy at our sole discretion.  This might include unforeseen circumstances impacting your ability to participate in the program or documented dissatisfaction with services falling below reasonable professional standards.  However, such exceptions will be granted on a case-by-case basis and do not guarantee a refund.
• We take chargebacks and disputes seriously.  Please note that by agreeing to this policy, you are entering into a binding agreement for services rendered.  Initiating a chargeback without following the cancellation procedure herein may result in legal action to recover any outstanding fees and/or damages incurred.

Intellectual Property:

• All materials and resources, including its content, training and materials provided by Company, including but not limited to its 1:1 Coaching program, Premier Connect™ program, Group Coaching and Live Coaching programs are the exclusive property of the Company and protected by copyright, trademark and other intellectual property laws.
• Client may not reproduce, distribute, or use any of Company’s materials without express written permission.  Any materials Client is authorized to use are to be used solely for the Client’s use within the scope of the program for which they were intended to be used and may not be shared or reproduced for any reason with any other person or entity.

Confidentiality:

• Company agrees to maintain the confidentiality of all information provided by Client, except as required by law or to provide the services.
• Client agrees to maintain the confidentiality of all information regarding Company’s business and operations and all materials thereto.
• The Company takes loyalty very seriously, and as such Company agrees not to recruit, persuade, incentivize or otherwise coerce Client to change companies. Company is authorized to answer questions Client may have regarding different companies, but this is in no way to be construed as recruiting, persuading, incentivizing, or coercing Client to change companies.
• If Client chooses to change companies while working with Company, that decision shall be deemed to be solely at the discretion of the Client.

Hold Harmless:

• Client agrees to indemnify and hold harmless Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
• Client’s use of services/products
• Client’s interactions with their clients/vendor partners
• Client’s breach of this agreement

Disclaimer of Warranties: 

• The services provided are ‘as is’ and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Company does not guarantee any specific results from the use of its services.

Limitation of Liability:

• To the maximum extent permitted by law, Company’s liability for any damages arising out of or relating to this Agreement shall be limited to the amount paid by Client for the services provided in the three months preceding the event giving rise to the claim.
• Company shall not be liable for any indirect, incidental, consequential, special or punitive damages.

Governing Law and Dispute Resolution:

• This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.
• Any dispute arising out of or relating to this agreement shall be resolved through binding arbitration in Carmel, Indiana.

Entire Agreement:

• This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether written or oral.

Amendments:

• This Agreement may be amended or modified only in writing signed by both parties.

 Severability:

• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. 

Waiver:

• No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

Notices:

• All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, postage prepaid, or transmitted by overnight courier.

If you have questions, please email [email protected].