UGRU Financial Coach Training Agreement

This document was last updated on August 23, 2020.

The Agreement

This Financial Coach Training Agreement, (hereinafter, the Agreement) is made and entered into on the purchase and electronic click agreement by and between UGRU Financial Coaching (UGRU LLC), (hereinafter, the Company) at 8 The Green Suite A, Dover, DE 19901 and the student as identified through enrollment, (hereinafter, the Client). Company and the Client are sometimes collectively referred to in this Agreement as the Parties. The parties hereby agree to the following terms and conditions:

1. GENERAL TERMS

By purchasing or using any product, service or material (whether online or otherwise) offered by UGRU Financial Coaching or its Affiliates, the purchasing individual, church, or organization, or any user of our courses, technology or materials (“Client”), accepts the terms and conditions stated herein, including the General Terms.

ANY UNAUTHORIZED USE, COPYING, OR REPRODUCTION, INCLUDING ANY AND ALL DIGITAL DISSEMINATION, OF UGRU FINANCIAL COACHING OR ITS AFFILIATES MATERIALS IS STRICTLY PROHIBITED.

2. STATEMENT OF UNDERSTANDING

Client has read, understood and agrees to the Company’s Privacy Policy, Terms of Use which can be found on the ugrucoaching.com site which shall be incorporated into this agreement as if fully set forth herein. And, in the case of UGRU Software, the Statement of Services, Security and User Agreements which can be found on ugru.com site which shall be incorporated into this agreement as if fully set forth herein.

Client acknowledges that s/he is enrolling in the UGRU Coach Training program offered by the Company. Company’s program for the Client reflects a rigorous curriculum and will require the completion of pre-work and homework as communicated in advance by the Company, which may vary in its time to complete and which the Client agrees to complete prior to stated due dates and if not completed may cause the Client to fall behind and not experience the same level of learning and results as other classmates.

Client acknowledges that a different trainer may be assigned to the Client at any time upon the sole discretion of UGRU Financial Coaching or UGRU. And, although we do our best to arrange the class times and dates for the least interruption, certain classes may be rescheduled due to Holiday or Act of God.

Furthermore, the Terms and Conditions herein supersedes all prior written and oral understandings and writings regarding any Financial Coach/Master Coach Training (“Training”). By using our Training, you warrant and represent that you are competent to enter this binding agreement and that you accept the terms and conditions herein.

3. INTELLECTUAL PROPERTY LICENSE NOTICE

The purchase of any UGRU Financial Coaching or its Affiliates products, services or materials creates a limited, revocable license for use and presentation within guidelines stipulated throughout this Agreement.

The Company materials are protected in whole and/or in part by state and federal copyright laws, trademark laws, and international treaty provisions. All title and copyrights in and to the materials, including but not limited to any images, photographs, animations, video, audio, music, text, electronic applications, and accompanying printed materials incorporated into Company materials and any copies of materials associated with the Company materials, are owned by Company.

No one is authorized to copy any audio, video, lesson, or Coaching materials without the prior consent of Company. If violated, Company may commence civil action seeking money damages, attorneys’ fees, injunctive relief, and, in appropriate circumstances, criminal prosecution, with all reasonable legal and attorneys’ fees to be paid by the infringing customer and/or third parties.

4. ASSIGNMENT

The limited rights granted to Client herein are not assignable or transferable without express written authorization from Company. Any unauthorized transfer or assignment shall be void.

5. COACH TRAINER AND MASTER COACH REQUIREMENTS AND LIMITATIONS

Being a part of the UGRU Financial Coach Network is a privilege that can enhance your business in terms of referrals and potential recurring revenue. In order to become part of and maintain your status as a Network participant there are proprietary processes and intellectual property that we require you to abide by without which is grounds for your termination from the Network. To protect the integrity of our course and the Trainees you may train, the following requirements apply to you as you work in the capacity of a UGRU Coach Trainer:

• If you are working in a capacity as a UGRU coach trainer engaged in training other new UGRU coach trainees or, working in partnership with other UGRU coaches, you shall not recruit, sell, promote, indicate or offer services, products or the like from any outside affiliations be it associations, insurance agencies, broker/dealers, RIA’s, MLM’s/Network Marketing organizations or any other business type not listed here outside of the direct business of UGRU Financial Coaching and the products or services the Company offers directly or indirectly by any medium whether digital, written or in person or any other method not described here to other UGRU staff, coaches, coach trainees or clients thereof.
• UGRU does not give specific investment advice. And, therefore, no one may use their affiliation with UGRU to promote or influence the sale of any financial products or services. As a UGRU Coach, you should never use your affiliation or classes as a way to promote or influence the sale of any investments or financial services or professional services. UGRU does not endorse, recommend, or sell any financial investments.
• You understand and agree that your use of any and all UGRU materials is only for your personal business use and not for resell and that your license is only good as long as you are in good standing and your UGRU Platform payment is current.
• You shall keep in strict confidence all financial and personal details of the class members or trainee’s that you engage with as a mentor unless you have express written consent from the individual.
• The Coach Trainer shall coach per UGRU standards and use only approved scripts, Power Point Presentations and other material in the process of training new UGRU Coaches without editing, formatting or repurposing other material to fit into the set coaching and class programs.
• The Coach Trainer shall not give investment advice as defined in the Investment Advisors Act of 1940.
• You agree to carry all appropriate liability insurance at all times during the course of any engagement with a Trainee.
• You shall be required to show proof of a standardized coaching certificate before you can engage as a UGRU Coach Trainer.
• You shall make yourself available for Trainee Coaches.
• UGRU Network bio, contact info and fees are up to date.
• Has successfully brought 10 personal clients through a coaching program.
• Maintains a UGRU technology platform appropriate for a Coach/Master Coach.
• Maintains an average 4-star rating on the UGRU Network.
• Maintains a fully functioning website with proper payment, calendaring, course and webinar elements.
• Has a joint work agreement posted on site with electronic acceptance by Trainee prior to engagement.

6. LIMITATIONS OF TRAINING

Attending the UGRU course work and training is only for educational purposes and does not qualify you as set by the standards of the insurance, accounting or securities industries as being licensed, certified or credentialed to offer tax, legal, accounting, investment or other professional advice.

7. LIMITED AND CONDITIONAL LICENSURE

Upon Coach/Master Coach successful completion of the Coach/Master Coach coursework, Coach/Master Coach shall have the limited, revocable, non-sub-licensable, non-transferable right to use UGRU Financial Coaching materials in private coaching sessions and is allowed to use the following statement: “[Coach/Master Coach] is a UGRU [Coach/Master Coach].” Any other use is not permitted. Further, it is expressly agreed that the purchase of any UGRU Training course or service is not a purchase or transfer of ownership of any UGRU proprietary materials or intellectual property.

REQUIRED DISCLAIMER: Any use of UGRU website, curriculum, marketing, sales or other branded materials must have a close in proximity and conspicuously located disclaimer next to the use of branded material:

“Completion of UGRU Coach/Master Coach training does not constitute an employment or agency relationship with UGRU Financial Coaching or its affiliates. Completion also does not constitute a license or credentials to engage in tax, legal, accounting, investment or other professional advice; nor is it an endorsement or recommendation of UGRU Financial Coaching or its affiliates.”

8. TRAINING PACKAGES AND PAYMENTS

Upon payment of the UGRU Coach or Master Coach Training you have paid for the course and the limited and conditional licensure of the contents and materials. However, technology and other services such as, leads, product updates, coach webpage, product shopping carts, online courses and all coaching tools and materials found in Coaches Corner are only accessible if Platform, lead and technology fees are current. Coaches Corner will be made available to Coach Trainers who have completed the required curriculum and pay the UGRU Platform/Technology fees. Training Sessions shall be as follows:

Coach Training
Duration: 12 weeks
Times per week: 1
Session time: 120 minutes

Master Coach Training
Duration: 4 weeks
Times per week: 2
Session time: 90 minutes

9. RETURN POLICY

The Client agrees to pay at the current posted rate and shall be due prior to the first session. If Client cancels prior to the first session one half of the cost of the course shall be refunded. No refunds will be issued once the course begins.

Any Training Session not used within 90 days of the first session for any Training Package shall be forfeited. The Client shall not be entitled to a refund of the cost for any Training Session not used within 90 days.

If working with a Coach Trainer jointly with a new client, the amounts payable per Training Session may be adjusted at the sole discretion of the Coach Trainer, at any time. The Client waives notice of any such adjustments to the amounts payable per Product/Training Session.

Discounts on this and other products and services are available only at the time of the Strategy Session or prior to the conclusion of current course and are not available to individual customers buying directly .on www.ugrucoaching.com and its subdomain www.kengulliver.ugrucoaching.com or www.ugru.com

10. WAIVER AND INDEMNITY

YOU TAKE FULL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES, SITES, AND PLATFORM MEMBERSHIP. YOU ACKNOWLEDGE THAT UGRU FINANCIAL COACHING, ITS AFFILIATES, AND ITS EMPLOYEES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES, COURSES AND MATERIALS ARE OFFERED TO ASSIST YOU IN A CAREER AS A FINANCIAL COACH AND EDUCATE YOU IN BASIC PERSONAL FINANCE. NEITHER UGRU FINANCIAL COACHING, ITS AFFILIATES, OR ANY THIRD-PARTY VENDOR SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF OUR SERVICES, MATERIALS OR NETWORK MEMBERSHIP, OR THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, UGRU FINANCIAL COACHING, AND ITS AFFILIATES ARE 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 UGRU FINANCIAL COACHING, AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF UGRU FINANCIAL COACHING, AND ITS AFFILIATES AND IS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR OUR AFFILIATES MORE THAN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE MAXIMUM AMOUNT TO WHICH UGRU FINANCIAL COACHING, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY VENDORS MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE LESSER OF (A) THE SUMS PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS FOR OUR SERVICES OR MATERIALS OR (B) FIVE HUNDRED DOLLARS ($500.00).

11. ENTIRE AGREEMENT

This Agreement (including the Full Disclosure of Physical Conditions/Informed Consent and Assumption of the Risk and Release of Liability) constitutes the entire agreement of the Parties, and supersedes any and all previous understanding, agreements, arrangements, or discussions, written or oral, between the Parties relating hereto. There are no collateral agreements, representations, or guarantees, oral or otherwise unless attached hereto and signed by both Parties.

12. WARRANTIES

THERE ARE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES EITHER EXPRESS OR IMPLIED IN THIS AGREEMENT THAT ARE NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, THE CONTENT OR ANY UGRU SERVICE, IT’S ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT OF THE TRAINING OR OF THE ANY SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT FOR A PARTICULAR PURPOSE. UGRU FINANCIAL COACH TRAINING, IT’S CONTENT, AND ALL SERVICES AND/OR PRODUCTS ASSOCIATED/PROVIDED WITH THE TRAINING OR THROUGH ANY OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COACH/STUDENT COACH EXPRESSLY AGREES THAT USE OF TRAINING OR SERVICES IS AT COACH/STUDENT SOLE RISK.

13. TERM AND TERMINATION

13.1 This Agreement will remain in effect until terminated by either you or us as set out below and shall not entitle Client to a refund of any kind. If you want to terminate your agreement with us, you may do so by electronic written notice to: 

support@ugrucoaching.com

In addition to any other termination right we may have in these terms, we may at any time terminate our agreement and/or the Services with you:

• If you have breached or repudiated any provision of this Agreement;
• If we in our sole discretion believe termination is required to do so by law; or
• Immediately with or without cause upon notice to the email address provided by you as part of your Registration Information.

13.2 The UGRU Platform Membership shall commence on the Start Date and continue until the End Date. Following the Initial Term and unless otherwise terminated as provided for in this Agreement, the membership will automatically renew for successive one (1) month terms (each, a “Renewal Term“) until such time as a party provides the other party with written notice of termination; provided, however, that: (a) such notice be given no fewer than thirty (30) calendar days prior to the last day of the then-current term; and, (b) any such termination shall be effective as of the date that would have been the first day of the next Renewal Term.

14. NOTICES

Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:

If to the Contractor: Notices will be sent to the address of record

If to the Company: UGRU™ LLC 8 The Green Suite A, Dover, DE 19901.

15. UNENFORCEABILITY OF PROVISIONS

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

16. LITIGATION AND CONTROVERSIES

In the event that the Client does not wish to orally enter into the following actions jointly with the Company, the Client hereby grants to the Company the power of attorney in his/her name, place and stead to institute an action in a court of competent jurisdiction concerning fees or other matters related to the conduct the business of the Company and the Client as have been pursued by the parties under the Agreement, to defend actions, suits or proceedings pertaining to said business, to employ counsel, and to conduct said matters to final consummation in such manners and upon such terms as to the Company may seem expedient or desirable.

17. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Delaware.

18. ACCEPTANCE

All terms become effective and binding either by use of our site, when you click “I ACCEPT” or you purchase or use any Company product, service or materials covered by these terms, and is effective until terminated as set forth herein.