Acceptance of Terms and Conditions for Participation in the Napoleon Hill Institute Think & Grow Rich Certification Program
This Acceptance of Terms and Conditions (the “Agreement”) and the applicable registration or order form (the “Registration Form”) for participation in the Napoleon Hill Institute Coach Certification Program, the required attendance at the Coaches Training program, and all related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Napoleon Hill Institute, and you as the purchaser or consumer (“you”) as it relates to the Program. You and NHI may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
- Term of Agreement. The term of this Agreement shall be from the time NHI accepts of your enrolment in the Program (the “Effective Date”) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
- The Program. Upon completion of the Program, you will be a Napoleon Hill Institute Coach certified to facilitate training in Think & Grow Rich. The certification period is six months, unless you have been accepted to participate in NHI’s Fast-Track, in which case the certification period is three months . You are expected to complete the Program during this time period. The certification period for completing the Program commences on the 1st day of the month following your enrollment. Provided that all required annual certification dues have been paid, you are entitled to market, facilitate, be listed on the coach certification website and otherwise hold yourself out to the general public as a Napoleon Hill Institute Certified Coach that is certified to facilitate Think & Grow Rich. Upon completion of the Program, you will also be listed in the coach directory on NHI’s coach certification website. You consent to NHI listing your name and contact information, such as your e-mail address, country and region/state, on the coach website by completing the Program. You may, however, notify NHI of your desire not to be listed on the coach website. Any such notification must be done in writing. NHI also reserves the right to make changes to the certification program regarding any content and pricing which includes any payment of commission rates to the Certified coach and any of it’s affiliates.
- Program Participation Payments. You agree to pay NHI an initial deposit for participation in the Program (the “Program Deposit”). By paying NHI the Program Deposit, you are agreeing to the terms and conditions set forth in this Agreement. You further agree to pay NHI the total amount for participation in the Program (the “Program Tuition”) that is listed on the invoice provided to you after receipt of the Program Deposit or that NHI has otherwise advised you to be the cost to participate in the Program. The Program Tuition is the amount you and NHI agreed upon for your participation in the Program. You must pay NHI the Program Deposit before you can receive any products or materials related to the Program. You must pay NHI the full Program Tuition or be current on all payments required by NHI under any Program Tuition payment plan to be eligible to attend the Program and be eligible for certification. If you fail to make any payment(s) to NHI on an agreed upon date, NHI may deem all sums due by you immediately payable to it. Additionally, if you fail to make any payment(s) to NHI on an agreed upon date, NHI may suspend your ability to attend and/or receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay NHI the full Program Tuition. All outstanding and/or delinquent Program Tuition payments must be brought current for you to resume participating in the Program and to receive products and services related to the Program.
- Guarantee. The Program Tuition, including the Program Deposit, has a 30-day refundable period, after which time it will be non-refundable and all funds paid by you are deemed earned by NHI upon receipt.
- Program Materials. NHI will provide you with Program learning systems, Copies of the T&GR Digital Programs and the T&GR Hard Copy Materials for which you agree shall not be made available to the general public or any third party for sale, distribution, download, replication, copying, file sharing or otherwise. Upon payment of your Program Deposit, NHI will ship, authorize and/or allow access to all T&GR Digital Programs, the T&GR Hard Copy Materials, the Program website, and all Program webinars and teleconferences. You agree that NHI will not be liable for any late delivery or incorrect delivery of the T&GR Digital Programs, the T&GR Hard Copy Materials or any other materials no matter when ordered. You also agree that you are responsible for purchasing and providing all collateral materials and tools required to participate in the Program, including marking pens, masking tape, flip charts, overheads, projectors, audiovisual, any required correct legal information, paying all of your own marketing expenses, making all required payments to NHI. You are also responsible for identifying NHI as the owner of the “Think & Grow Rich” program and their related materials. NHI may update the Program and its related materials from time to time. NHI is under no obligation to make, provide updates to, or to supply you with materials related to any updated or modified version of the obligation to make, provide updates to, or to supply you with materials related to any updated or modified version of the Program. Should you decide to cancel your participation in the Program prior to completion you are required to return directly to NHI the T&GR Hard Copy Materials, all copies of the T&GR Digital Programs that can be returned (the “Required Returned Materials”). Should the Required Returned Materials be returned to the delivery warehouse or another NHI third party provider other than directly to NHI you shall be responsible for all handling, restocking or other fees imposed for the transaction. You are also required to cease accessing, using, selling, distributing, advertising and/or offering any materials related to the Program to the public.
- Annual Certification Fee. Upon completion of the Program, you will be authorized by NHI to hold yourself out as a Napoleon Hill Institute Coach certified to facilitate Think & Grow Rich. Only active Napoleon Hill Institute Coaches may hold themselves out to the public as being certified facilitators of the Program. In order to remain an active Napoleon Hill Institute Coach certified to facilitate Think & Grow Rich, you are required to pay NHI an annual certification fee in the amount of $500.00 (the “Annual Certification Fee”). If you fail to pay the Annual Certification Fee you are prohibited from holding yourself out to the general public in any manner that you are a certified to facilitate Think & Grow Rich or any derivation thereof. NHI will send an invoice for payment of the Annual Certification Fee in hardcopy and/or electronic mail format to the address(es) on file with the company. You shall immediately advise NHI of any changes to your contact information. The Annual Certification Fee shall be due and payable to NHI no later than thirty (30) days after the date listed on the associated invoice and/or correspondence. Payments received after thirty (30) days from the date listed on the associated invoice and/or correspondence shall be deemed late.
- Advertising and Public Representations. Upon completion of the Program, you are authorized to advertise and hold yourself out to the public as a Napoleon Hill Institute Coach certified in facilitating training in Think & Grow Rich. You will also be authorized to advertise and hold yourself out to the public in this manner in all years that your Certification Fee is paid in full and you are in active status with NHI. When advertising and/or holding yourself out to the public, you may not represent, imply, allude to or otherwise create an impression that you are an employee, officer, contractor, or representative of NHI. For example, you may not use NHI’s name, logo or branding in advertising without NHI’s prior approval and consent. Rather, you are allowed to advertise that you have completed training with NHI and that you are certified by NHI to facilitate training in Think & Grow Rich.
- Credit Card on File Requirement. To participate in the Program, you must provide NHI with a valid credit card to keep on file. The credit card on file with NHI will be used to process your monthly or other agreed upon Program Tuition payments. The credit card on file with NHI will also be used to process your Annual Certification Fee unless the company has otherwise been advised not to do so. NHI may require you to complete a credit card authorization form in addition to you accepting the terms of this Agreement. By maintaining a credit card on file with NHI, you represent and warrant that you are the authorized cardholder, you agree to the terms contained in this Agreement, you agree to pay, and specifically authorize NHI to charge the credit card on file for any required Program Tuition payments, Annual Certification Fees and any products or services that you have ordered. Moreover, you further agree that in the event the credit card on file becomes invalid, you will provide NHI with a new valid credit card that may be used to process payment for any outstanding balances owed for Program Tuition payments, Annual Certification Fees and any products and/or services you have ordered.
- Program Participation at Your Own Risk. NHI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. NHI also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. NHI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your participation in the Program and the use of Program related information, products and services. NHI does not, and will not, provide you with any psychological, investment or financial advice in connection with your participation in the Program or otherwise.
- Ownership Rights and Proprietary Information. NHI and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) to any and all course materials, products, services and information related to the Program. Moreover, NHI is the owner of the federally registered trademark “Think & Grow Rich Program”. You agree that you will not make any Program materials available to the general public or any third party for sale, distribution, download, replication, translation, copying, file sharing or otherwise unless permitted by this Agreement or authorized in writing by NHI. You further agree that you will not translate any Program materials into any language other than the language to which it was provided to you by NHI without NHI’s express written consent. Any violation of this Section 12 may result in revocation of your certification, legal action or both by NHI.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program or contained in the Program materials, including the rights to use the federally registered trademark “Think & Grow Rich Program” or any variation thereof (the “NHI Intellectual Property“), are the property of NHI and/or its affiliated entities. You agree not to infringe upon the NHI Intellectual Property by, among other things, the following: (1) duplicating or creating material (including any derivative works) that is the same or substantially similar to the NHI Intellectual Property; (2) registering, creating or using trademarks, service marks or domain names that are the same or substantially similar to the NHI Intellectual Property; (3) using, manufacturing, or selling any product or service that infringes upon the NHI Intellectual Property; and (4) taking any action implies or appears to be an endorsement, partnership, or association with NHI to which it has not expressly consented. Any violation of this Section 13 may result in revocation of your certification, legal action or both.
- Consent to Use Likeness. You expressly grant NHI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from your attendance and participation in all, or any part of, the Coaches Training Requirement.
- Modification. NHI may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend NHI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or for violation of this Agreement.
- Assignment. You may not assign this Agreement (or any obligations under this Agreement without NHI’s prior written consent.
- Limitation of Liability. NHI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall NHI’s liability, if any, exceed the Program Tuition.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against NHI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, it’s performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator.
- Legal Age. You represent that you are of legal age to enter into this Agreement.
- Conduct. NHI expects its’ T&GR Certified Coaches to conduct themselves with the highest ethics and integrity. You agree to do so and represent that you have never been convicted of a felony, a crime involving moral turpitude or violated a court order. In the event that you have been convicted of a felony, a crime involving moral turpitude or have violated a court order, NHI, in its sole and absolute discretion, reserves the right to allow you to participate in and/or complete the Program. In this regard, NHI encourages you to promptly and completely disclose any and all information that you feel may violate this provision so the company can fully evaluate the circumstances presented. Any decision by NHI with regard to this provision is binding and final on you.
- Relationship of Parties. Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NHI.
- Miscellaneous. This Agreement, together with any invoices provided by NHI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provide by NHI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
I hereby agree to these above noted terms and conditions, effective as of the date this agreement is signed and submitted.
Full Name Signature