Business Hive Agreement
TGO BUSINESS HIVE: PARTICIPATION AGREEMENT
This Group Coaching Participation Agreement (“Agreement”) governs the terms and conditions for participation by you (the “Participant”) in The Business Hive, a group coaching program (“Program”) created by Therapy in the Great Outdoors, LLC (“Company”).
1. The Program
The Program is a twelve-month group coaching program for small business owners organized to educate participants about various aspects of operating and growing a business. The Program will run from the day Participant’s payment is received (“Payment Start Date”) by Therapy in the Great Outdoors LLC through twelve (12) months thereafter (“Program End Date”).
The Program includes:
- Access to membership community with trainings, templates, and resources for duration of enrollment;
- Access to Business Bedrocks program for duration of enrollment;
- Access to group coaching calls for duration of enrollment.
2. Program Fee and Payment Schedule
Participant agrees to pay the requisite Program Fee in full. At the time of enrollment, Participant will have the option of choosing between (a) the Pay in Full option or (b) the Payment Plan option.
For Participants Paying in Full:
If Participant elects the pay in full option, then the Program Fee is $3,997 (“Program Fee”) and is due at the time of enrollment.
For Participants Selecting the Payment Plan:
The Program Fee is $4,164 (“Program Fee”), payable in twelve (12) monthly installments of $347 as follows: $347 is due on the Program Start Date (“Initial Payment”). The remaining eleven (11) monthly installments of $347 each must be paid each consecutive month starting thirty (30) calendar days after the Initial Payment is made until the Program Fee is paid in full.
Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balanced owed and agrees to keep this information current with the Company.
After one year in the Program, Participant may decide to continue enrollment at an alumni rate of $125/month on a month-to-month basis as long as they wish to continue membership in the Hive.
Failed Payments
If any payment is insufficient or declined for any reason, Participant will receive an automatic fourteen (14) calendar day grace period (“Grace Period”) to pay the outstanding balance owed. If the outstanding balance is not paid before the Grace Period ends, the Participant will be removed from the Program, without liability on the part of the Company, and the matter will be referred to a third-party collection service to recover the outstanding amounts owed by Participant.
Disputed Payments
Upon enrollment in the Program, Participant waives any right to file a dispute with his/her credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by Participant for the purchase of the Program, whether or not Program access has been revoked for Participant’s violation of this Agreement.
No Refunds
Participant understands and agrees that there is a strict no-refund policy for this Program and that by enrolling in this Program he/she/they are responsible for the full Program Fee. Requests for cancellations and/or refunds received by the Company will not be honored and any outstanding Program Fee balance owed to the Company must be made in full, even if Participant is unable or unwilling to participate in the Program.
Removal of the Participant from the Program due to Participant’s violation of the terms of this Agreement does not excuse his/her/their obligation to pay the Program Fee in full.
If the Program Fee is not paid in full by the requisite deadlines, the Participant will be removed from the Program, without liability on the part of the Company, and the matter will be referred to a third-party collection service to recover any outstanding amounts owed by the Participant.
3. Participant’s Conduct
Participant agrees to conduct him/her/their self in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including usernames and passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
4. Confidentiality
While confidentiality will be encouraged in our community culture, Participant understands that given the group format of this Program, any information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise will be accessible by Company personnel and other Program participants. Therefore, Participant understands that Company makes no guarantee that any information provided by Participant will be treated as confidential.
5. Program Access & Cancellation Policy
Participant understands that his/her enrollment in the Program is for a period of twelve (12) months. Participant may choose to stay enrolled in the Program past 12 months at same membership rate by continuing monthly payments past the 12 months to maintain access to Program.
Should Participant leave Program after 12 months, but desire to return at a later date, Participant will pay the current membership rates at time of re-enrollment.
Participant may cancel their enrollment in the Program after 12 monthly payments have been made. Refunds will NOT be given. Participants will be notified one month prior to the end of their 12 month program and given the opportunity to enroll at the alumni rate if participant desires to remain in the Hive.
6. Release
Participant agrees that the Company may use any images, audio recordings, or video recordings of Participant obtained while enrolled in the Program. Participant waives any right to payment, royalties, or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.
7. Intellectual Property
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Program partners presented during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at or provided in connection with the Program for any reason without the prior written permission of the Company.
8. Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in conjunction with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she/they is/are fully responsible for his/her/their progress and results and that Company offers no representations, warranties, or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
9. Non-Disparagement
Participant agrees that he or she will not at any time, through any medium, either orally or in writing (including, but not limited to electronic mail, podcasts, television or radio, computer networks or Internet bulletin boards, blogs, social media, or any other form of communication): disparage, defame, impugn, damage, or assail the reputation, or cause or tend to cause the recipient of a communication to question the business condition, integrity, competence, good character, professionalism, or product quality of the Program or Company, its owners, employees, or agents, except as follows: Participant’s counsel, immediate family, or spouse when such disclosure is required by a subpoena issued by a court of competent jurisdiction and except as required by law or order of court.
10. Force Majeure
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
11. Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of the State of Wisconsin and any disputes arising from it must be handled exclusively in the County of Dane, Wisconsin. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
12. Entire Agreement; Waiver
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions in the Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
13. Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction of or interpretation of any of its provisions.
14. Severability
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
By enrolling in the Business Hive and paying your initial monthly payment, you agree you have read and agree to be legally bound by these terms.
