SCALING SCHOOL AGREEMENT
Effective Date: Date of purchase (hereinafter: the “Effective Date”)

Parties:
(hereinafter "Client")
and
Easy Scaling, LLC
(hereinafter "Company")
(collectively “the Parties”)

THIS SCALING SCHOOL AGREEMENT (hereinafter: the “Agreement”) is made and entered into as of the effective date, by and between the Parties. This Agreement sets forth the legally binding terms and conditions for the Agreement.

IN CONSIDERATION OF this Agreement, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.

1. PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to develop a coaching relationship between the Parties in order to cultivate the Client’s goals and to create a plan, using the methods and systems prescribed by the Company to carry out those goals (hereinafter: the “Program”).

2. SCOPE OF WORK
2.1 The Parties agree to the following Program:

12 months of access to:
Four (4) 1:1 advising sessions (one per quarter)
Twelve (12) or more LIVE group sessions per month
Unlimited group Slack support
The Easy Scaling® Resource Library
The Easy Scaling® Method Curriculum course
Bonus: Grow with Groups course
Bonus: Simplify + Systematize + Scale mini-course
Bonus: The Secret Menu for optional DFY packages (additional costs apply)

Conditional access to the following Bonuses where applicable:
One (1) bonus 60-minute Group Strategy session with Jordan anytime during the program if the Client enrolls into the Program on the day of receiving their acceptance email.
One (1) bonus 45-minute 1:1 Strategy session with Jordan anytime during the program if the Client pays for the Program in full at the time of enrollment.

3. TERM OF AGREEMENT
3.1 The term of this Agreement (hereinafter: the “Term”) will begin immediately after the first payment is made and shall remain in full force and effect for 12 months (hereinafter: the “Termination Date”).
3.2 The Company reserves the right to reschedule the Effective Date of the Program to ensure the term of the Program fits the needs of the client and the schedule of the Company. The final Effective Date, and therefore the start date of the Program will be communicated to the Client in writing via email if changed.
3.3 The Program and Scope of Work must be used by the Termination Date or they will be forfeited by the client. It is the Client's responsibility to schedule and use the Program as outlined in this agreement. Non-utilization of the Program by the Termination Date does not constitute eligibility of a refund.

4. CLIENT RESPONSIBILITY
4.1 The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Program, and accepts they are fully responsible for their own progress and results throughout and after the Program.
4.2 The Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the Program.

5. PAYMENT
5.1 In exchange for Program, the Client agrees to pay the Company the fee for the Program as stated on the checkout page. If selecting a payment plan option, subsequent payments will be due monthly and based on the plan selected at checkout.
5.2 The Company accepts payment through Kajabi and Dubsado or as mutually agreed upon between the Parties and the Client understands they will be charged in the amounts as listed at checkout.
5.3 The Client accepts that if they are unable to adhere to the payment schedule, they must provide notice to the Company 5 days prior to the payment due date. If the Client does not provide notice, the Client understands that any delay in the payment will incur additional collection costs at a rate of $10 per day.
5.4The Client authorizes upon their first transaction for the Company to charge their credit card account provided in accordance with the payment plan the Client has selected. The Client agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date.
5.5 If payment is not received from the Client’s prescribed payment option, by the agreed-upon due date, the Client agrees to pay all amounts due upon demand, together with any applicable collection costs.
5.6 The Client accepts that the Program may be refused if payment has not been made as required by this Agreement, and that the Company reserves the right to cancel any programs or services offered by the Company, and or terminate this Agreement if there is a failure in paying the required fees.
5.7 Client understands that Client is responsible for all payments whether or not Client takes full advantage of the Program. No exceptions will be made in this matter and the Company reserves the right to take legal action to collect payment.
5.8 The Client shall not make any chargebacks to the Company's account. The Client shall pay for any fees associated with recouping payment, including but not limited to collections fees and attorneys’ fees.

6. REFUND POLICY
6.1 The Client may be eligible for a full refund under the following conditions:
6.1.1 The Client must provide written notice to the Company within 168 hours of making their first payment for the Program (hereinafter: the “Refund Window”) to request a complete refund. The Client understands that after the 168 hour Refund Window has passed, the Client is no longer eligible for a refund and they are responsible for all payments as outlined herein.
6.2 The Company does not offer any refunds after the Refund Window.
6.3 The Client further agrees and understands that changing their mind about the Program, failing to complete, follow-through or understand the details of the Program, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund after the Refund Window.

7. SCHEDULING
7.1 The time, date, and frequency of the Program sessions will be determined by the Company. The sessions shall vary in length at the discretion of the Company.
7.2 The Company reserves the right to vary the session dates, times, topics, and facilitators, as well as the number of sessions each month at the sole discretion of the Company.
7.3 The Client understands that sessions are group-based and not tailored to each Client’s availability. Scheduling conflicts and any other reasons that prevent the Client from attending sessions will not constitute a refund.
7.4 The Client accepts that they will have access to the Company through the communication method of Slack and within the appropriate Slack spaces and channels. Direct messages seeking strategy may not be sent to any member of The Company or the professors in The Program.
7.5 The Client understands that the Company will make reasonable efforts to respond within 48-72 hours from Monday through Friday excluding all weekends and Nationally recognized holidays.
7.6 The Company reserves the right to close and limit access to sessions and Slack for up to 14 consecutive days for Christmas and New Year holidays and up to 7 consecutive days for other nationally recognized holidays at the sole discretion of the Company.
7.7 The Company reserves the right to change the support individuals who are accessible to the Client via Slack and sessions at the sole discretion of the Company. This includes all members of The Company and the professors in The Program.

8. RESCHEDULING:
8.1 Due to the nature of the Program, any group sessions are not able to be rescheduled.
8.2 In the event of rescheduling any 1:1 sessions available to the Client, the Client agrees to notify the Company 48 hours in advance of any scheduled session that needs to be rescheduled. The Client understands that the Company may only agree to reschedule up to two times for any 1:1 session under this Agreement. Failure to notify the Company as outlined in this Agreement may result in forfeiture of the session. Any such notice must be sent to [email protected].
8.3The Client understands that if they are late to any session, the session will stand to complete at the scheduled time.
8.4 The Client understands that all sessions between the Client and the Company may be recorded for the professional use of the Company.
8.5 The Company reserves the right to not record sessions or to not provide recordings for sessions at the sole discretion of the Company.
8.6 The Client further understands that due to the nature of the Program, the Client is not able to pause their participation in the Program, and the Program must be fulfilled within the term dictated for the program.
.
9. SUB-CONTRACTING
9.1 In the performance of its obligations hereunder, the Company shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that the Company shall remain responsible for the performance of any such third party. The Client shall not, without the Company’s prior written consent, assign or transfer in any other manner with all or any of the Client’s rights or obligations under the Agreement.

10. TERMINATION
10.1 The Client understands that they may terminate this Agreement by written notice within the Refund Window for a refund as outlined in Section 6: Refund Policy.
10.2 The Client further understands that they may terminate this Agreement by written notice at any other time but that if termination takes place outside of the Refund Window as outlined in Section 6: Refund Policy, the Client will still be responsible for all past and future payments outlined in this Agreement. Any such written notice must be sent to: [email protected].
10.3The Client understands that the Company retains the right to, and may limit, suspend or terminate the Client’s access to the Program prior to the Termination Date, without refund and without release of future payments if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Company or other students of the Company, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Company, (v) is negatively speaking about the Program and/or other programs or services offered by the Company in public forums or with other members of the Program without prior consultation with the Company. The Client accepts that the Company will provide notice of termination to the Client via email.
10.4 The Client further understands that any money owing to the Company at the time of termination will become due at the effective date of termination, and the Client agrees to compensate the Company for the Program as outlined in this Agreement, regardless of termination if under the aforementioned circumstances.
10.5 If either party terminates this agreement under the aforementioned circumstances, the Company reserves the right to limit, suspend or terminate the Client’s access to or delivery of any other services purchased by the Client without refund and without release of future payments. This includes but is not limited to all Secret Menu offers.
10.6 The Client accepts that if the Company were to terminate the Program, for any other reason than those outlined in this Agreement, the Company will either forfeit future payments owed to the Company or award a partial refund that is fair and equitable considering the investment and time left of the Program.

11. PRIVACY AND CONFIDENTIALITY
11.1 The Company agrees to respect your confidential and proprietary information, ideas, plans and trade secrets and further agrees to not disclose any information pertaining to the Client, nor the Client’s name, without the Client’s written consent.
11.2 The Client understands that the Company and Client relationship does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
11.3 Exceptions. The Company’s obligations with respect to any portion of the Client Information as set forth above shall not apply when Company can document that (i) it was in the public domain at the time it was communicated to the Company by the Client; (ii) it entered the public domain subsequent to the time it was communicated to the Company by the Client through no fault of the Company; (iii) it was in the Company possession free of any obligation of confidence at the time it was communicated to the Company by the Client; or (iv) it was rightfully communicated to the Company free of any obligation of confidence subsequent to the time it was communicated to the Company by the Client.
11.4 Passwords. Should the Client decide to grant the Company access to the Client’s business and/or personal accounts, the Client does so entirely at their own risk, and the Client is fully responsible for ensuring the security of the Client’s data.

12. MEDIA RELEASE AND TESTIMONIALS
12.1 The Client understands that the Company may want to share parts of the Program and/or results of the Program provided, for future training and/or marketing purposes.
12.2 The Client grants permission for the Company to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Company may use the photographs, motion pictures, videotapes, recordings or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.
12.3 In the event the Client provides a testimonial, the Client grants full permission for the Company to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.
12.4 The Client releases the Company from all claims by which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Program or related activities.

13. INTELLECTUAL PROPERTY
13.1 The Company retains all ownership rights to the materials provided during the Client’s participation under this Agreement (hereinafter: the “Materials”). The Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Materials will be deemed to be copyrighted materials under applicable law. The Materials provided to the Client are for individual use only and provided with a single-user license. The Client is not authorized to share, copy, distribute, or otherwise disseminate any of the Materials without the Company’s express prior written consent. All intellectual property, including the Materials, shall remain the sole property of the Company and no license to sell or distribute the Materials is granted and/or implied herein. The Client agrees not to reproduce, duplicate, copy, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Materials. The Client will be responsible for all incurred loss, cost, damage or expenses arising out of or in connection with the unauthorized use of the Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Company harmless from all such unauthorized use of Materials.
13.2 The Company reserves the right to limit or deny permission of any Clients’ use of recording or note-taking software or similar tools during sessions.

14. DISCLAIMER
14.1 The Company makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Clients participation in, or use of the Program. The Client understands and agrees that they are voluntarily choosing to enroll in the Program and are solely responsible for any outcomes or results. While the Company believes in the Program being provided, and that the Program are able to help many people, the Client acknowledges and agrees that the Company is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications in response to, or during their participation in, the Program. The Client accepts that they are fully responsible for their own health and well-being, participation in Program and any personally achieved results therein.
14.2 The Client understands that the Company does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.
14.3 The Client understands that the Program is not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Program as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.

15. LIMITATION OF LIABILITY
15.1 The Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Program and/or Materials provided by the Company. In no event shall the Company be liable to the Client for any indirect, consequential or special damages.
15.2 The Client shall defend, indemnify, and hold harmless the Company, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the Program, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company. In consideration of, and as part of, the Client’s payment for the right to participate in the Program, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Program.

16. NO NEGATIVE STATEMENTS OR ACTIONS
16.1 The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company and/or the Program in any way.

17. MODIFICATIONS
17.1 The Company may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Program under the new conditions or the Agreement will be terminated.
17.2 The Client understands that without any notice to the contrary, by continuing the Program after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.

18. DISPUTE RESOLUTION
18.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees.

19. SEVERABILITY
19.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
19.2 If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

20. WAIVER
20.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

21. FORCE MAJEURE
21.1 Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Program, such as:
21.1.1 an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
21.1.2 or other (inclusive of hostility, war, invasion);
21.1.3 or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).

22. JURISDICTION
22.1 This Agreement shall be interpreted and governed in accordance with the laws of Texas.

23. BINDING EFFECT
23.1 This Agreement shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement.

24. ENTIRE AGREEMENT
24.1 This document reflects the entire Agreement between the Company and the Client. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows.