This BoldFire Institute Participation Agreement (“Agreement”), governs the terms and conditions for participation by the individual(s) who purchased any program, event, workshop, class or membership (“Client”, “Member”, “Participant” or “You”) with Climb Coaching LLC d/b/a The BoldFire Institute™ (a registered limited liability company in the State of New Jersey, United States) (“we” or “us” or “Company”).
BACKGROUND
(A) We trade as The BoldFire Institute and invoice as Climb Coaching LLC.
We are a provider of consultancy, coaching, training, and online education services for companies, corporations, organizations, and individuals such as business owners, speakers, experts, executives, athletes, entertainers and other high-performance individuals. We run individual and group coaching programs, consultancy engagements, speaking engagements, masterminds, thinking circles and partnerships, masterclasses, workshops, courses, events, and retreats as part of our offerings. You joined one or more of our programs.
(B) We have agreed to enter into this Agreement together by virtue of your purchase. This will deliver to You, how you will interact and learn alongside other members of the program or as an individual, and grant you rights to access and use certain of our methodologies and materials on the terms and conditions set out in this Agreement. Your program designed guide you through mindset and performance issues related to personal and business goals. The program date will be the date upon which You purchased (“Start Date”) the offering. We reserve the right to discontinue our programs/masterminds/circles, however we have no plans to do so right now. To the extent that Your purchase includes membership access, please be advices, if we decide discontinue a service will give you due notice ahead of the discontinue date. The content and delivery of your Purchase will begin on the Start Date but is subject to modification or removal at any time per the discretion of the Company, who will give due notice. This Agreement should be read in conjunction with our Privacy Policy, Terms of Use, which can be found at our Company website www.boldfireinstitute.com/privacypolicy and https://boldfireinstitute.newzenler.com/terms The Participant authorizes the “Company” to automatically charge the credit or debit card on file for any and all Circle Fee balances owed and agrees to keep this information current with the “Company”. If any payment is insufficient or declined for any reason, The Company may remove Participant from the Circle and shall have no liability in that regard. The Participant specifically acknowledges that they will be responsible for any chargebacks and/or unpaid amounts due under this Agreement for the failure to keep such information current.
Cancellations & NO REFUND POLICY
The Company does NOT provide refunds unless specifically required by law which may include but not be limited to death, disability and military duty. The Member acknowledges purchase of services and intellectual property that cannot and will not be refunded when gaining access to the BoldFire's programs. Your Participation In This Service & Disclaimers You agree that full participation in the Service is necessary in order to achieve the best possible results and outcomes from your personal perspective. If you do not fully participate, or you miss out elements of the Service then this is likely to have a negative impact on the effectiveness and potential of your outcomes. As such, you commit wholeheartedly to being an active participant including being present and on time for sessions during the Term of the Service. If you are unable to attend a session you will have access to the recording (if available) and relevant materials and you agree to promptly catch up on that session and use the Portal & Chat access to ask any questions or ask for specific support. You understand and agree that group sessions of the type provided within this Service cannot be rescheduled or altered for the benefit of one individual participant over others.
At all times, the Client is responsible for conducting their own research and making their own determinations about the accuracy and value of that information as it relates to the Client’s specific circumstances. We make no promises, warranties or guarantees related to your results and/or financial outcomes. You accept and agree that you are one hundred percent (100%) responsible for your own actions and results including your participation, progress and results during the Term of the Service. We will do our best to support you with getting the maximum benefit and potential outcomes from our provision of the Service but we cannot guarantee that the Service will meet your specific expectations or that you will achieve any particular outcomes or results.
You understand and agree that you are participating in the Service for personal and professional growth and therefore give us permission to be honest, direct, supportive and challenging during provision of the Service and our interactions with you. You agree that you are responsible for your own personal wellbeing and that the Service is not to be used in lieu of professional advice for legal, financial, accounting, psychological, medical, tax or other matters normally handled by professionals. More specifically, the Client acknowledges that the COACHING RELATIONSHIP IS IN NO WAY TO BE CONSIDERED OR CONSTRUED AS AN ATTORNEY/CLIENT RELATIONSHIP AND YOU ARE NOT RECEIVING ANY LEGAL ADVICE, FINANCIAL OR TAX ADVICE, MEDICAL CARE, PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING, OR ANY TYPE OF THERAPY, and DOES NOT PREVENT, CURE, OR TREAT ANY MENTAL DISORDER OR MEDICAL DISEASE.
The Client specifically agrees to hold the Company free of all liability and responsibility for any adverse situation created as a direct or indirect result of actions or inactions by either party, any services provided or any referral or advice given by the Company or its coaches. In no event will the Company be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Company under this agreement for all services rendered up until the termination date.
Confidentiality
You agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that we share with you (other than where you are required to disclose such information by law). You may also be privy to confidential information shared by other participants in the Service, and you agree to keep this strictly confidential at all times including after termination or expiry of the Agreement. Any breach of this confidentiality clause will give rise to a termination of the Agreement and may subject you to additional liability as well. You also agree to execute the separate Non-Disclosure Agreement for all Innovator members and abide by its terms and conditions.
Release
Participant agrees that the “Company” may use any images, audio recordings or video recordings of Participant obtained while enrolled in ANY program, class, membership or other offering and may use them in perpetuity without restriction and with no time limit whatsoever. 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, 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 of the Participant’s estates have or may have by reason of this authorization. The "Company" will seek approval before testimonials or results are shared publicly.
Intellectual Property
All intellectual property rights in and to the Company and its content, and all materials distributed at or in connection with the Your Purchase are owned by the “Company” or the Company partners presenting inside Your 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 Your Program for any reason without the prior written permission of the “Company.”
Warranties
The Service and access to the BoldFire Portal are made available to you without guaranty or warranty of any kind, express or implied. As a responsible service provider, we have taken all reasonable steps to ensure that it is of satisfactory quality and reasonably fit for the purpose for which it was advertised and on the basis of which you applied. To that end, we give no specific guarantee or reassurance as to the results of participating in the Service and/or using the BoldFire Membership and Client Portal. You accept and agree that your entry into any program does not guarantee you any specific results in your personal or professional life, career, business or financial growth. The results and benefits received by participants in our program can and do vary. Any testimonials provided on our website or otherwise do not and are not intended to represent or guarantee that any other participant in our services will receive the same results or benefits. By virtue of the fact that this Service is a program, the Service we offer under this Agreement is not directly tailored to your individual/specific needs. You should always ensure and take responsibility for ensuring that this content is suitable for your intended use.
Force Majeure
A party shall not be liable for any failure 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, pandemic, government-ordered or regulatory shutdown, 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 delay in completing its obligations.
Governing Law, Jurisdiction & Attorneys' Fees
This agreement shall be governed by laws of the State of New Jersey in the United States of America. The courts of the State of New Jersey shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter. In the event of legal action, all parties are responsible for their own attorney’s fees and court costs.
Entire Agreement
This agreement sets out the entire agreement between us in relation to your rights as a recipient of the Service. This agreement supersedes any and all prior agreements, communications and proposals. You agree that in entering into this Agreement you have not relied on any statement or representation made by any person (including a third party) relating to Your Program or provision of the Service.
Severance
If any provision in this agreement is found to be invalid, unenforceable or illegal, the other provisions shall remain in force so far as legally possible.