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These Terms of Service (“Terms”) define the relationship between you and Hodges Coaching LLC (“HC”) as you interact with our services. Understanding these Terms is important because you are accepting and agreeing to these Terms by using HC’s services and/or by using, visiting, or browsing HC’s websites. Any and all documents referenced or linked to in these Terms are incorporated by reference and are part of these Terms.
Other than these Terms, HC also has a Privacy Policy and Cookie Policy which explain how HC protects and uses any information you provide, as well as informs you how you can update, manage, or delete your information.
HC’s services are provided by, and you are contracting with:
Hodges Coaching LLC
3200 Eagle Park Dr. NE
Suite 108
Grand Rapids, MI 49525
info@hodgescoaching.com
You must be 18 years old to use HC’s services. By using HC’s services you are representing that you are at least 18 years of age.
In accessing and using HC’s services, you agree that you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the services and/or any coaching relationship developed with a coach provided by HC. Because of this understanding and agreement, you further acknowledge and agree to the following:
We provide a broad range of coaching and content-based services including one-on-one coaching, group coaching, coaching programs, consultation, ongoing coaching relationship, workshops, seminars, and access to proprietary digital content. The permission we give you to use our services and access our content continues so long as you comply with these terms and any service-specific terms that may apply. All users of our services are subject to the terms and conditions available in the Participant Agreement.
If you are a company that would like to fund your employee’s utilization of HC’s services, you will also be subject to the terms and conditions of HC’s Master Services Agreement. Please see below, Regarding Organizations/Sponsors.
Upon setting up an account to access coaching content, or, booking any consultation, coaching session, workshop, seminar, or any other service provided by HC, you will be required to review and execute the Participant Agreement.
To use certain services, you must register or create an account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the service.
You are responsible for keeping their login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by this website.
By registering, you agree to be fully responsible for all activities that occur under your username and password.
You are also required to immediately and unambiguously inform HC via the contact details indicated in this document, if you think your personal information, including but not limited to your accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
By engaging in the services provided by HC, you are making a commitment to participate in the selected services to the extent that it is possible. Results, outcomes, or earnings are dependent upon your participation and implementation and may vary from person to person. When engaging in HC services, you are therefore agreeing to behave with proper and professional conduct (as described in the Participant Agreement), and you further agree that you will participate in HC services in accordance with the following:
You agree to arrive at any scheduled services promptly. Failure to arrive at scheduled services on time and prepared to participate may result in a shortened session. If you are unable to arrive at a scheduled service on time, you should notify HC as soon as possible. If you arrive more than 15 minutes after the start of the scheduled services, HC reserves the right to either (i) cancel the services scheduled with you for that day; or (ii) conduct the scheduled services on time and without you.
HC has a strict 24-hour notice policy for cancellations. This means that you are required to give at least 24 hours’ notice if you are unable to attend a scheduled service. If sufficient notice is given, the scheduled service may be rescheduled, if possible. Rescheduling is dependent upon the service provider’s availability. Notwithstanding the foregoing, group-based scheduled services or workshops/seminars will not be rescheduled in the event of your absence, regardless of notification.
You can find the specific details regarding the fees specific to the services you have selected by viewing the payment terms on the checkout page (the page where you entered your account information, selected your services, and scheduled your session, if applicable).
Upon entering your payment method (credit or debit card, hereafter “Payment Method”) information at checkout, you agree that HC is permitted to charge or debit, as applicable, your fees and any applicable tax or other charges you may incur in connection with your use of the selected services. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The fee will be billed according to the terms on your checkout page. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Please see the information on rescheduling and cancellations in the Your Obligations section, as well as the Refunds section(s) for more information.
Services are typically provided and billed as indicated in this section. If any services are provided outside of the methods indicated in these Terms of Service, those services will be billed an invoiced as quoted by HC. Unless otherwise indicated in the checkout, all Services provided by HC will be invoiced upon conclusion of the ad hoc services. Payment of such invoices are due upon your receipt of the invoice.
If you have selected services that require payment in full, payment of the full fee is due at checkout. If payment is not made at checkout, HC will not provide services and you will not be able to schedule a session.
If you have selected services that require recurring payments (i.e. payments of a set amount to be made on an ongoing basis, typically monthly), HC will automatically bill your Payment Method for each billing period on the calendar day corresponding to the commencement of your Services. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting us at info@hodgescoaching.com.
Your right to participate in HC’s recurring services is conditional upon our receipt of timely payment. If payment cannot be charged to your Payment Method or if a charge is refunded for any reason, including chargeback, you agree to provide a new form of payment to keep your account in good standing. If you do not respond to our requests in a reasonable time period, we reserve the right to either suspend or terminate your access to HC services or any account you may hold with HC, thereby terminating all HC’s obligations hereunder. You agree that you are required to pay the recurring fees for the full term indicated at checkout. Early termination of services paid for by recurring fees are subject to additional cancellation fees, see the Termination provision, below. If you owe cancellation fees or if you have an outstanding balance due, you hereby agree that HC may charge these unpaid fees to your Payment Method.
You acknowledge that if we offer installments as a way to pay a large flat fee over time, it is as a convenience. You are obligated to pay all installments until your balance is fully paid for the full price of the program, whether you choose to continue to participate actively in the services while installments come due or not. You may not cancel your installments for services offered at a flat fee.
Your right to participate in HC’s services charged in installments is conditional upon our receipt of timely payment. If payment cannot be charged to your Payment Method or if a charge is refunded for any reason, including chargeback, you agree to provide a new form of payment to keep your account in good standing. If you do not respond to our requests in a reasonable time period, we reserve the right to either suspend or terminate your access to HC services or any account you may hold with HC, thereby terminating all HC’s obligations hereunder. You are required to pay any amounts owed to us at the time your account is suspended or terminated. If you have an outstanding balance on the total fee due, you hereby agree that HC may charge the remaining balance of the installment fees to your Payment Method.
If you pay for another individual to participate, you are purchasing a non-transferable, non-refundable single-seat license for that individual to participate in the selected services. We are happy to meet with the participant and you/program sponsor at the beginning of the program to create a plan for expected progress and reporting results, if desired. At the same time, it is up to you to screen each participant to make sure that they will meet your expectations by completing it, and for you to communicate with them about how and when they should complete and utilize the services in a way that meets your goals and those of your organization. If the individual chooses not to participate or leaves your organization for whatever reason, no transfers or refunds are permitted, unless otherwise specified in the Master Services Agreement or applicable Order Form; if you are paying on an installment basis, you are expected to make all installment payments as installments are offered as a convenience and are not cancellable.
If you register for a live or in-person workshop or training seminar and cancel or withdraw within 30 days before the workshop/seminar date, the workshop/seminar fee will not be refunded.
In case of an Act of God that requires us to cancel an in-person workshop/seminar, such as a weather event or man-made disaster, we reserve the right to offer a virtual alternative. If we cannot switch to a virtual alternative, your fee will be applied to a future workshop/seminar. Regardless of the situation, you agree that we are not responsible for any travel expenses or liability incurred in changing reservations/flights or other travel plans. In case a refund is required, you understand that the seminar is valued at no more than the fee for the workshop/seminar.
Notwithstanding the foregoing, all workshops or seminars provided via Master Services Agreement will be canceled, rescheduled, and/or the fee refunded according to the terms of that Master Services Agreement.
Unless otherwise specified in writing, NO REFUNDS ARE OFFERED for any reason, including illness, personal issues, family issues, change in financial circumstances, Acts of God, or any other issues. It is up to you, before selecting the services, to be sure that you select services that are a good fit for your needs.
You may terminate services only upon 30 days’ written notice to HC. Upon termination, HC is entitled to collect all payments for all services ordered at the checkout, regardless of your participation in those services or termination.
HC may terminate services at any time and for any reason. If HC terminates due to your failure to fulfill any material obligations in these Terms or the Participant Agreement, HC is entitled to collect all payments for all services ordered at the checkout, regardless of your participation in those services or termination.
Upon termination, if you are paying via recurring fees and terminate prior to the end of the term selected at checkout, you hereby agree to pay a cancellation fee equal to the total of all remaining recurring payments that would have otherwise been due under the term.
Upon termination, if you are paying via installments, the remaining balance of the total fee will become immediately due if you terminate prior to your payment of the final installment.
When services are terminated, your account will also be suspended or deleted. Suspension or deletion of your account will not entitle you to any claims of compensation, damages, or reimbursement. As indicated above, the suspension or deletion of your account does not exempt you from paying applicable fees.
HC will provide the necessary materials for any services you select. The success or usefulness of HC services is solely dependent upon your engagement in the services Session and provided action steps, if applicable. HC is not responsible for any implementation of any plan or strategy; this is your sole responsibility. You are also ultimately responsible for the maintenance of its own systems, transactions, documentation, management, oversight, and implementation of the services HC provides. Any results, outcomes, or earnings provided by HC are estimates of possibilities. HC is not guaranteeing, nor should any individual or organization rely on any specific prior successes, past results, as these are not an indication of future success or results. HC will perform the services in accordance with the industry standard expected from a professional providing these services. HC does not guarantee or warrant that the services will be free from errors or omissions. By engaging in the services, you are agreeing that HC is not responsible for any damages that result from your failure to perform your duties under these Terms. You agree not to hold Hodges Coaching liable for any lost profits, income, or any other damages, including any indirect, consequential, or special damages resulting from HC’s Services. HC specifically DOES NOT EXPRESSLY WARRANT ANY SERVICES IN ANY WAY, NOR IMPLY ANY WARRANTY FOR THE SERVICES. Notwithstanding any damages that you may incur, HC’s entire liability for any services offered, and your exclusive remedy, shall be limited to the amount you actually paid to HC for the services rendered during the last 6 months before the alleged claim or damage.
Pleaes see our Website Terms of Use, the terms of which are incorporated into these Terms of Service by reference.
By participating in HC services, you agree that you shall defend, indemnify and hold HC and its directors, officers and employees harmless from and against any and all third-party claims, suits, actions, or demands for liability, and any associated damages, losses, costs and expenses (including the reasonable costs and expenses of attorneys and other professionals) payable to third parties to the extent arising out of or resulting from your (i) negligence or willful misconduct or (ii) breach of any covenant, duty, or agreement contained in these Terms.
You agree to hold everything shared by others during the program as confidential, including their email and other personal information. You agree that you WILL NOT solicit HC participants in any way, including but not limited to: skimming member emails and emailing them with promotional offers; sharing participant emails without permission; making offers via LinkedIn or other media; and in any other way that would be considered by reasonable people and our participants to be promotional or for commerce.
The compilation of all content on this site is the exclusive property of HC and protected by US and international copyright laws. All content included on HC’s websites, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, is the property of HC or its suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from HC.
All content provided to you during your participation in any HC services, including without limitation any inventions, discoveries, improvements, developments, concepts, trade secrets, original works of authorship, coaching notes, formulas, work products, drawings, know-how, designs, databases, strategies, processes, procedures, methodologies, and techniques, and all documentation relating to the foregoing, whether or not registrable under copyright or similar laws, which Hodges Coaching, alone or jointly, while operating on your behalf, creates, conceives, develops, reduces to practice, or causes another to create, conceive, develop, or reduce to practice (“HC Content”) is exclusively owned by HC. You are licensed to use HC Content internally and only for the purposes for which you have sought HC services. You are not now, nor at any time in the future authorized to use HC Content for commercial purposes. You are not now, nor at any time in the future, except as required in the participation in the services, authorized to reproduce, display, publish, perform, record, broadcast, transmit, distribute, modify, translate, combine with other information or materials, create derivative works based on, exploit commercially, disclose, or otherwise use HC Content, in any manner or medium whatsoever.
The HC website is protected by United States and international trademark laws. A+ Method is pending status as a registered trademark of HC. HC’s trademarks, pending trademarks, and trade dress may not be used in connection with any product or service that is not HC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HC. Any images of persons or personalities contained on HC’s websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Any information submitted on HC’s website is subject to our Privacy Policy[link], the terms of which are incorporated herein. We respect your privacy and will not rent or sell your personal information to other entities, or in any other way share it.
Note that our live classes are recorded. This means that other participants may be able to see and hear you when you participate in our live workshops or seminars. You authorize us to utilize this content with our other clients, including your image and voice, and understand and agree that HC owns all rights to recordings of our workshops/seminars.
HC is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to HC, including, without limitation or payment to you, participation in our services, responses to questionnaires, or through postings to HC’s websites without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, using your likeness and voice/comments retrieved your participation/attendance; developing, manufacturing and marketing products; and creating, modifying or improving HC’s websites or other websites.
In addition, by posting any information on our site, attending our live classes, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall HC have any obligation whatsoever to pay a fee to any participant of our services or user of this website in connection with such submitted materials.
Some of the links on HC’s websites may lead to other websites that are not controlled by, or affiliated with, HC. In addition, other websites may link to HC’s websites. HC has not reviewed these websites and is not responsible for the content or privacy policies of these websites. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
HC’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of this Website.
These Terms shall be construed according to the laws of the State of Michigan without regard to conflict of laws provisions thereof. The parties hereby submit to the jurisdiction of the state and federal courts in Kent County, Michigan and agree that said courts have the sole and exclusive jurisdiction over any and all disputes and causes of action involving such party that arise out of or relate to this Agreement or its
HC reserves the right, from time to time, with or without notice to you, to change these Terms in our sole discretion. The most current version of these Terms is posted on the site and can be reviewed by clicking on the “Terms of Service” link located at the bottom of most of the sites’ pages. The most current version of the Terms of Service will supersede all previous versions. Your use of the HC website or services after changes are made means that you agree to be bound by such changes.
HC reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of HC.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and HC with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where HC is based, as displayed in the relevant section of this document.