Coach Builder Membership Terms

Coach Builder Program Terms

This Agreement certifies Coach as a member of the Coach Builder program for twelve (12) months from the date of purchase. Thereafter, the terms of this Agreement shall automatically renew for successive one (1) year terms. The Coach’s renewal payment plan will always begin on the 15th of the month in which they joined and paid for the Coach Builder program. If the Coach does not wish to renew the terms of this Agreement, written notice needs to be submitted to Coach Builder via email to support@coachbuilder.com by the 1st of their renewal month.

 

For example, if a Coach submitted payment for the Coach Builder program on October 2nd of 2024, they could anticipate their renewal payment plan beginning on October 15th of 2025. If they do not wish to renew the terms of this agreement, they need to provide written notice to Coach Builder via email by October 1st, 2025. 

 

As part of the Coach Builder program, the Coach may be eligible for a free, one (1) year subscription to Keap. If eligible, the Coach must opt-in via their Coach Builder dashboard to redeem the free year. If they do not opt-in within 90 days of joining Coach Builder (date of purchase), they are no longer eligible for the free year. After the first year, any Keap renewal fees are at the expense of the Coach. 

 

Notwithstanding the foregoing, Coach understands that Keap is offered by a third party, and that Coach Builder does not control the provision or availability of Keap or the Keap subscription. Accordingly, Coach acknowledges and agrees that Coach Builder reserves the right to discontinue provision of the Keap subscription offering at any time in its sole discretion, with or without notice to Coach, and has no responsibility or liability for the Keap subscription or Coach’s use of or inability to use the same.

 

As part of the Coach Builder program, Coach may also have access to Coach Builder’s marketplace of on-demand certifications. If Coach chooses to purchase a certification(s), the associated fees would be a one-time payment and no renewal will be associated with the on-demand certification(s). However, Coach must be an active member of the Coach Builder program in order to retain access to certification(s). Use of certification(s), including but not limited to, portraying oneself as certified and/or using certification intellectual property and materials when Coach is no longer a member of the Coach Builder program is prohibited.

 

Quality Control

Coach shall maintain the distinctiveness and reputation of the Coach Builder brand and ensure that the services provided by Coach under or in connection with Coach Builder are of an excellent quality consistent with or better than industry standard. Coach Builder has the right to inspect Coach’s services to ensure the quality of the same. In the event Coach Builder determines, in its sole discretion, that Coach has failed to satisfy the usage and quality requirements in this Agreement, including any obligations under this section, Coach Builder may notify Coach of such determination, and Coach shall use best efforts to cure such objection within thirty (30) days. If Coach does not cure such objection, or if Coach Builder determines in its sole discretion that such objection cannot be cured, Coach Builder may terminate this Agreement and the license granted herein with no further responsibility or liability to Coach.

 

Assignment

The limited rights granted to Coach hereunder are not assignable or transferable absent the express written Consent of Coach Builder. Any unauthorized transfer or assignment will be deemed void.

 

No Warranty

The Coach Builder sites, their content, and all services, materials, and products associated with the sites or any content or materials provided, are provided on an “as-is” and “as-available” basis. Coach Builder makes no representations or warranties of any kind, express or implied, as to the content or operation of the sites or of the services. Coach expressly agrees that their use of Coach Builder’s sites or services is at their sole risk.

 

Coach Builder makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the sites or of the services, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. Coach Builder makes no representation, warranty, or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. Access and use of the Coach Builder sites may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of the sites, or other actions that Coach Builder, in their sole discretion, may elect to take.

 

Indemnity and Waiver

Without waiving any other limitations or indemnity rights of Coach Builder herein, Coach Builder assumes no liability and Coach waives any claim against Coach Builder for Coach’s use of any training or materials, including any claims by individuals arising from Coach’s consulting activities. Coach hereby releases, indemnifies, and holds Coach Builder harmless from any and all claims related to Coach’s use of the training, materials, or any other claim arising from or related to any aspect of Coach’s activities. Coach agrees to indemnify and hold Coach Builder, and their Affiliates, Officers, Agents, Employees, Members, and Third-Party Vendors harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of Coach’s use of Coach Builder’s sites, services, materials, or breach of this Agreement (collectively referred to as “Claims”). Coach Builder reserves the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any Claims. Coach agrees to reasonably cooperate as requested in the defense of any Claims.

 

Neither Coach Builder, nor any third-party vendor shall be responsible or liable to Coach or to any third party, whether in contract, warranty, or tort (including negligence) arising in whole or in part from Coach’s access to Coach Builder’s site, use of their services or materials, or this agreement.

 

Subject to applicable law, Coach Builder is not liable for any of the following: (a) any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including but not limited to loss of profit, revenue, or business; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet system requirements; (c) damages or losses related to professional services or advice of third parties, including advertisers. The above limitations apply even if Coach Builder has been advised of the possibility of such damages. This agreement sets forth the entire liability of Coach Builder and is Coach’s exclusive remedy with respect to the services and materials referenced herein. In no event may Coach bring any claim or cause of action against Coach Builder more than one year after such claim or cause of action arises.

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The maximum amount to which Coach Builder and their affiliates, officers, employees, agents, and third-party vendors may be liable to Coach in any circumstance shall not exceed the lesser of (a) the sums paid by Coach in the preceding twelve (12) months for services or materials or (b) five hundred dollars ($500 USD).

 

Relationship of the Parties; Required Disclaimer

Coach agrees that Coach Builder may use Coach’s feedback, suggestions, Circle profile avatar, and ideas in any way, including in future modifications of materials, other products or services, advertising, social media, and marketing. Coach grants us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback Coach provides to us in any way.

 

Nothing herein shall be construed as an employment or agency relationship between the parties. Coach will in no way be entitled to act on behalf of or otherwise bind Coach Builder to any obligation or liability whatsoever. These parties at all times are independent contracting parties.

 

Termination

Coach Builder may terminate training, any service, license, or any privilege (e.g., Hire a Coach Directory listing) without liability or refund of any fees to Coach as follows:

 

Coach Builder may terminate training, any service, license, or any privilege without cause, but in doing so, would offer a refund equal to the First Year payment amount if termination occurs within one year of the certification date. If termination without cause occurs anytime after the first renewal date and Coach has paid their renewal fee (and is therefore an active Coach), a refund equal to the latest Annual Renewal payment amount will be made. Termination without cause refunds will be made within thirty (30) days from the date Coach is notified via email of their termination.

 

Additional information outlining Coach termination and refund policies can be found at https://coachbuilder.com/online-services-cancellation-policy/.

 

Governing Law and Venue

This Agreement, all transactions or other interactions between and among the parties will be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Any dispute with Coach Builder, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement will be resolved exclusively through the state or federal courts located in Davidson County, Tennessee.

 

Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

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If Coach Builder does not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on Coach Builder’s part will not serve as formal waiver of our rights and that those rights or remedies will still be available to Coach Builder. ​

 

All covenants, agreements, representations, and warranties made in this Agreement shall survive Coach’s acceptance of this Agreement and the termination of this Agreement.

 

This Agreement represents the entire understanding and agreement between the parties regarding the subject matter of the same, and supersedes all other previous agreements.

 

Coach Builder may modify this Agreement from time to time. Coach is deemed to accept and agree to be bound by any changes to the Agreement when Coach uses our services and materials.

 

By executing or otherwise signifying your acceptance of this Agreement you acknowledge that you understand the above and are competent to enter into this binding Agreement.

 

Without limiting any other termination rights in this Agreement or the Additional Terms, Coach Builder reserves the right to terminate this Agreement at any time for any reason, in our sole discretion.

 

This Agreement incorporates the Online Services Cancellation Policy, Terms & Conditions, and Privacy Policy, as they may be amended from time to time in accordance with their terms (the “Additional Terms”), and by executing or otherwise signifying your acceptance of this Agreement, you agree to be bound by the Additional Terms.