Terms & Conditions
Agreement made and entered into once your order is placed for “Business Mastery Coaching, Training and Mentorship” program by and between BB&B Corp d.b.a. TM3, One Source Coaching f/s/o Ted Miller III (“Consultant”) and you and/or the corporation you represent (“Client”). The 8 Live-Business Mastery Training sessions will be completed within 3 months of purchase. The (4) 1-on-1 business coaching sessions will be completed at the end of your 4th call with a coach or 60 days, which ever come first. Your access to the TM3 Resource Center filled with recordings of live trainings & business building tools will end 1 year after the day your order has been placed. Any other additional work will be sited in an amendment and or a new agreement reached for additional services.
Restriction on Use of Confidential Information: None of the parties hereto shall, during the term of this engagement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party hereto shall share information only to such of its employees, financial advisors and legal representatives to the extent necessary to satisfy its obligations hereunder.
All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.
Any and all information, knowledge or know-how concerning the operation, products, services, procedures, policies or customers of Consultant & Client shall be deemed confidential for purposes of this Agreement; provided, however, confidential information under this section is accepted in the following circumstances: (i) was publicly known at the time it was disclosed or becomes publicly known after disclosure without breach hereof by the receiving party; (ii) was known by the receiving party at the time of disclosure or becomes known to it from a party other than the disclosing party who has the apparent right to disclose such information to the receiving party’s knowledge after due inquiry; (iii) is independently developed by the receiving party without reliance on the disclosed confidential information; (iv) is approved for disclosure by the disclosing party with the disclosing party’s prior written consent; or (v) is disclosed by the receiving party pursuant to judicial order, requirement of a governmental agency or other operation of law, provided that the receiving party informs the disclosing party promptly after receiving notice of its obligation to make such disclosure, and takes reasonable steps to limit the scope of such disclosure.
Client agrees that the recording of its sessions with Consultant shall be deemed “confidential” and will not be sold, published, broadcast or shared with third-parties. Client agrees however that the content of the coaching/consulting sessions may be used by Consultant for course, marketing and content development and agrees to execute the attached Consent.
This Agreement may be amended only by a written instrument signed by the parties hereto.
Mediation and Arbitration.
In the event of a material dispute between the parties hereunder, the parties agree to first engage a licensed mediator in a good faith attempt to resolve their disputes. The cost of mediation shall be shared equally. In the event the mediation does not resolve the dispute within thirty (30) days following the first day of actual mediation, any party hereunder may then submit the dispute to arbitration, by the American Arbitration Association in Portland, Oregon in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder.
Termination for Default: Consultant may terminate this Agreement if the other has failed to perform a material obligation (including timely payment of fees), by giving notice of the failure in question that is received by the other party at least 10 days in advance of termination, if the other party has not cured the failure within ten (10) days after receipt of the notice. Notice may be by email, fax or letter. If Client has attended all live training made available and completed the 4 coaching calls, then on the 4th call and only at that time can the Client as for a refund to be made minus 10% administrative fees.
Client understands that it is 100% responsible for how it represents itself in the marketplace and representations through its use of the Consultant content. Client agrees to hold BB&B Corporation d.b.a. TM3, One Source Coaching harmless in any and all legal actions resulting from usage of their content. BB&B Corporation d.b.a. TM3, One Source Coaching warrants and represents all materials utilized by Client, including all content, graphics and original work that are available for Client copyright protection.
- Choice of Law. The laws of the state of Oregon govern this agreement (without giving effect to its conflicts of law principles).
- Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Washington County, Oregon.
- Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for his/her/its reasonable attorneys’ fees and costs.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.
Points to know about coaching.
- I understand that coaching is a Professional-Client relationship I have with my Consultant that is designed to facilitate the creation/development of personal, professional or business goals and to develop and implement a strategy/plan for achieving those goals. It is my responsibility to take action to implement strategies and I agree that progress cannot be made without affirmative effort on my part.
- Consultant has not and will not make any express or implied representation or assurance regarding the potential profitability, or likelihood of success of any transaction, investment, opportunity or strategy. Further, Consultant is not rendering legal or financial advice.