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Terms & Conditions

1. The Terms of the "Agreement Summary" above are incorporated herein by this reference.

2. All fees for our services are payable to us in U.S. dollars only, net any fees charged by your bank. Non-U.S. clients agree to cover any non-U.S. customs fees, duties, taxes, telephone charges or other costs related to participation in this program.

3. You understand and agree that EMyth may either deliver the Coaching Program via an EMyth-Certified Business Coach who is an EMyth employee or elect to assign this Agreement to an EMyth-Certified Business Coach who is an EMyth licensee (an "EMyth Coach" or a "Licensee Coach" as appropriate, and each a "Coach"), and reassigned back to EMyth or another Licensee Coach as EMyth may determine to be in your best interests. If this Agreement is assigned to a Licensee Coach, the terms "we", "our", or "us" shall refer to such Licensee Coach and your Licensee Coach will countersign this Agreement where indicated below and provide a copy of the fully executed Agreement to you and EMyth.

4. Any request to terminate or change this Agreement must be made in writing to Coach no later than 10 days prior to your next payment date.

5. If this Agreement is assigned to a Licensee Coach, you understand and acknowledge that while Licensee Coach is an EMyth-Certified Business Coach and is entitled, as EMyth's licensee, to deliver the EMyth Coaching Program to you, Licensee Coach is not otherwise affiliated with EMyth and has no right to bind or otherwise act on EMyth's behalf.

6. Each party acknowledges that confidential information will be disclosed to the other, including, without limitation, knowledge about the business, products, processes, technology, methodology, know-how, clients, research and services (including the "EMyth Proprietary Materials", as such term is defined below) of the disclosing party (or, in the case of a Licensee Coach, EMyth as its licensor) and that all such information is and will be the trade secrets and confidential and proprietary information of the disclosing party (or, in the case of a Licensee Coach, EMyth as its licensor) (collectively "Confidential Information"). Confidential Information will not include, however, any information which is or becomes part of the public domain through no fault of the disclosing party or that the disclosing party regularly gives to third parties without restriction on use or disclosure. Each party agrees (i) to hold the other's Confidential Information in strict confidence, (ii) not to disclose such Confidential Information to any third parties, (iii) not to use any Confidential Information for any purpose except in accordance with the performance of this Agreement, and (iv) to ensure that their employees and any other persons to whom they are permitted to disclose such information comply with the foregoing restrictions. Each party shall be permitted to disclose Confidential Information pursuant to an Order from a court, tribunal or administrative proceeding; provided, however, that such disclosure is covered by a protective order that limits disclosure of the Confidential Information to outside counsel involved in the litigation. You and Coach each grant your mutual consent to monitoring/recording of communications by either party and/or their agents, whether for training, demonstration, performance or quality assurance purposes.

7. You agree to bear sole responsibility for the use and implementation of our services in your business, acknowledging that our materials and services are advisory and supportive only. You also agree to indemnify and hold harmless EMyth, Coach and their respective employees and agents from any loss or expense, including legal and other fees that result from any breach of this Agreement as well as from your activities or use of our materials/services.

8. You acknowledge that EMyth has developed at considerable expense the various confidential, proprietary, and copyrighted materials, know-how, trade secrets and technologies that will be shared with you throughout our relationship, including any recordings of communications made by either party (collectively, the "EMyth Proprietary Materials"). You agree that (i) the EMyth Proprietary Materials are the copyrighted, proprietary, and confidential property of EMyth and (ii) all right, title and interest in and to the EMyth Proprietary Materials are owned by EMyth and not you. YOU ACKNOWLEDGE THAT THE EMYTH PROPRIETARY MATERIALS ARE PROVIDED TO YOU FOR YOUR PERSONAL USE ONLY AND, SUBJECT TO THE OTHER RESTRICTIONS CONTAINED HEREIN, FOR USE WITHIN THE SINGLE BUSINESS THAT HAS ENROLLED IN THE EMYTH COACHING PROGRAM. YOU MAY NOT USE, RESELL, COPY, DISTRIBUTE, CREATE DERIVATIVE WORKS BASED UPON, OR PUBLICLY DISPLAY OR PERFORM OR TRANSMIT THE EMYTH PROPRIETARY MATERIALS (OR ANY PORTION THEREOF) OR ANY TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOS OR OTHER WORDS OR SYMBOLS IDENTIFYING EMYTH OR THE EMYTH PROPRIETARY MATERIALS WITHOUT OUR PRIOR WRITTEN PERMISSION.

9. You agree that any use of the EMyth Proprietary Materials not expressly authorized in this Agreement is strictly prohibited. Without limiting the generality of the foregoing, you and anyone in or associated with your company are expressly prohibited from (i) sublicensing or reselling the EMyth Proprietary Materials, (ii) marketing, promoting and/or providing products or services based upon or incorporating in whole or in part the EMyth Proprietary Materials and involving business consultation, coaching, training, education and/or support directed to personal or business issues of entrepreneurship and/or the operation of any business or allowing other persons to do so, (iii) using the EMyth Proprietary Materials in any service or product not specifically authorized in this Agreement or offering it through any third party.

10. The parties hereto agree that in the event that this Agreement has been assigned to a Licensee Coach, that EMyth remains an intended third party beneficiary of this Agreement and shall be entitled to enforce any breach of your obligations hereunder.

11. We reserve the right to immediately cancel this Agreement for any breach of Sections 6, 8 or 9. Such termination shall not be deemed an election of remedies, and all other remedies provided by this Agreement or available at law or in equity shall survive any termination.

12. We are committed to the quality, consistency, and value of our products and services and reserve the right to alter, as we see fit, the benefits and features offered as part of this program, both in presentation and technology, in order to provide the best possible customer experience and coaching outcome.

13. Whereas every attempt will be made to keep meetings on a regular, recurring schedule, there may be times that either party must reschedule due to unexpected illness or emergency. In such cases, meetings not made up within 30 days from the date of your original meeting will be forfeited. Coach will schedule around holidays and vacations to plan for those situations in advance; however, if other rescheduling needs to occur, it is important to notify Coach a minimum of two business days in advance to avoid potential meeting forfeit. Once a meeting has been forfeited, it cannot be made up at a later date.

14. Your nonpayment does not constitute notice of cancellation or modification to this Agreement. If you fail to make payment to us pursuant to the Agreement, we are entitled to immediately interrupt our obligations under the Agreement until your account becomes current. Such interruption does not absolve you from the responsibilities of this Agreement.

15. In the event a legal action is brought to enforce any of the terms or conditions of this Agreement or to recover damages for a breach thereof, the prevailing party shall be entitled to recover any and all monies incurred in connection therewith, including but not limited to that party's reasonable attorneys' fees, costs and interest.

16. Each party has participated in the negotiation and preparation of this Agreement. Therefore, this Agreement shall be construed in a fair and objective manner and not strictly for or against either party.

17. This Agreement contains the entire agreement between you and us, all prior agreements, promises or representations being merged herein. The terms of this Agreement shall not be altered or amended except in writing. Unless accepted by you, this Agreement will automatically expire 21 days after being sent to you.

I understand that the primary determining factor of reaching my desired business and personal goals is dependent on me. Outside of gross negligence on the part of EMyth or the Licensee Coach, as the case may be, to provide the stated deliverables and terms contained in this Agreement, the program fees are not refundable.

I hereby agree with all terms of this Agreement, and I authorize payment and charges to my account for all drafts drawn by EMyth or the Licensee Coach, as the case may be, to their own order beginning the date I sign this Agreement. I further authorize Licensee Coach (if applicable) and EMyth to share with each other any information concerning me which Licensee Coach or EMyth may have in their possession, either now or in the future, for the purpose of facilitating the provision of or payment for the services contemplated by this Agreement or to facilitate their communication with me.

In the event this Agreement is assigned to a Licensee Coach, I hereby authorize EMyth to share with Licensee Coach my Account Information and Billing Information set forth below and for Licensee Coach to use such Billing Information in connection with my payment obligations hereunder.