Personare Coaching: The Pursue Your Path Agreement

The Pursue Your Path Agreement (“Agreement”) is made between Caroline Garnet McGraw d/b/a Personare Coaching (“Personare” or “We”) and the undersigned individual (“You”).

Personare and You each acknowledge and agree to and accept the following terms and conditions:

1. Program Participation and Coaching Services. By signing this Agreement, You will become a member of Pursue Your Path (“Program”) wherein Personare will provide You with high level individual coaching over a 9-month period starting from the date of your first payment. The Program includes two individual coaching calls per month for nine months, each of 60 minutes’ duration (for a total of 18 individual coaching calls); one monthly pocket coaching audio recording; ongoing email support for 9 months (defined as a maximum of 2 emails per week, in addition to a pre-call check in form); and admission to three Insight Intensives, each of 60 minutes’ duration. In addition, the Program includes free admission to all online events hosted by Personare during the 9-month period.

Note that in order to reschedule a calendared call, You must provide 24 hours’ notice; otherwise, the call will be canceled. If You arrive to a call more than 15 minutes later than the scheduled start time, the call will be canceled automatically. All coaching sessions and events are scheduled during the first three weeks of each month; during the fourth week of each month, there are no coaching sessions available. Personare Coaching’s normal business hours for coaching calls and emails are Monday through Thursday, 9:00am – 4:00pm Central Time, except for selected holiday periods when Personare will be out of office and responding to email upon return. Personare’s coaching services are provided solely for Your personal, commercial, or business use.

2. Payment for the Program. The Program is a 9-month commitment between Personare and You. Personare agrees to provide the services described in Section 1 for 9 months. In exchange for these services, You agree and accept to make either a pay in full payment of $9000, or 9 monthly payments of $1125 each. You agree and accept to remit the payment(s) to Personare via a pre-authorized automatic electronic debit to the bank account or credit card specified by You. You agree and accept to make the payment(s) regardless of Your level of participation in the Program. No payment is refundable for any reason.

3. Cancellation of the Program. You are permitted to cancel Your participation in the Program by providing 60 days’ written notice of cancellation to Personare at caroline@awishcomeclear.com. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, Personare is permitted to cancel Your participation in the Program by providing written notice of cancellation to You at the email address provided by You in this contract. Upon cancellation, You agree and accept to pay to Personare a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under this Agreement. The cancellation fee is due immediately and Personare is authorized to collect such fee immediately, including by debiting Your bank account or credit card on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. Personare shall have no further obligations to perform under this Agreement following cancellation.

4. Personare Does Not Guarantee Results. Personare is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, Personare does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. Your and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each phase of the Program, and the particular market and industry in which Your business operates. Your participation in this Program is an investment in You and Your business, and, as with most investments, there is potential for a great return on Your investment and risk there will be no return on Your investment. None of the stories shared or examples used in Personare’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. Personare disclaims any express or implied promise or representation other than those contained in this Agreement.

5. Confidentiality. You agree and accept that Personare’s methods, processes, and strategies taught in the Program are the sole and exclusive property of Personare and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. Personare’s system includes all materials associated with the Program, all coaching strategies We teach, and all associated coaching advice. You agree and accept to maintain the confidential nature of the Program and its related materials, strategies, and advice, and You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to Personare so that We can take appropriate legal action to protect Personare’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to Personare and that Personare is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.

6. Termination from Program. You agree and accept that Personare may terminate You from the Program by providing You with written notice of termination if We determine in our discretion that You are conducting Yourself or Your business in a manner that is disparaging or disruptive to Personare, that infringes upon Personare’s intellectual property or other rights, or that violates the confidentiality provisions set forth in Section 5. Termination under this Section 6 does not constitute cancellation, and all payments under Section 2 shall immediately become due and payable upon termination.

7. Advice Not Given. You agree and accept that the Program is not intended to and does not provide You or Your business with any legal, tax, financial, or accounting advice.

8. Use of Likeness. You agree and accept that Personare is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions) for Personare’s own use. You hereby assign to Personare all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.

9. Arbitration Agreement. Personare and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, Personare and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Personare or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Lauderdale County, Alabama, unless otherwise required by law.

10. Entire Agreement. The terms of this Agreement constitute the entire agreement between Personare and You and supersede any prior or contemporaneous written, oral, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable.

11. Governing Law. The construction, interpretation, and application of the terms of this Agreement are governed by the laws of the State of Alabama, without regard to its conflict of law rules.

You agree and accept that You have read the foregoing terms and conditions and You have been given sufficient time to consult Your own attorney before signing. If You attended a live Personare event, You agree that You were not offered this Agreement until at least three days after You attended at such event.