Terms of Use

AndFox, LLC - &FOX, LLC. Terms of Use

High Performance Life - Terms of Use

High Performance Academy - Terms of Use

High Performance 12 - Terms of Use

Strategy Session & Free Content - Terms of Use

High Performance Tribes - Terms of Use

High Performance Life - Terms of Use

By checking the box next to these Terms of Use and clicking the “Purchase” button, you, the purchaser of the High Performance Life program (hereinafter “you” or “Client”), agree to enter into a legally binding Agreement with AndFox, LLC (also known as &Fox, LLC) (hereinafter “AndFox”). You acknowledge that you are voluntarily purchasing access to this program under the following mutually agreed-upon terms and conditions.

For good and valuable consideration of six thousand U.S. Dollars ($6,000) or three payments of two thousand two hundred U.S. dollars (3x $2,200) Client is electing to purchase the High Performance Life coaching program (hereinafter “HP Life”). In exchange, AndFox agrees to provide the services outlined in the Program Details below.

1. PROGRAM DETAILS:

Client agrees and understands that he/she is purchasing the High Performance Life (“HP Life” or “Program”) by AndFox, a 12-session coaching program designed to help Clients achieve a higher level of success, while improving their relationships and health. AndFox utilizes the Certified High Performance Coaching program created by Brendon Burchard and the High Performance Institute as the foundation of the HP Life program.

2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in HP Life as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on AndFox’s website.

If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, AndFox, &FOX, David Fox, or Jennifer Dempsey Fox, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, AndFox reserves the right to remove such Client, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

2. NON-DISCLOSURE:

Client understands that one of the primary elements in purchasing HP Life and learning from AndFox is the benefit of obtaining expert guidance, teachings, materials, and exercises that help high achievers turn into high performers. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of AndFox, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in HP Life. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in HP Life, without permission from AndFox or David Fox or Jennifer Dempsey Fox personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through HP Life, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of HP Life. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of his/her enrollment in HP Life, other than for personal use without prior written permission from AndFox.

3. TESTIMONIALS:

Client understands and agrees that any and all commentary provided on public social media profiles including those belonging to AndFox may be published and used as testimonials by AndFox. Client gives AndFox a non-exclusive license to use the copy as written on the social media profile, in the email, or otherwise, and repost on AndFox social media channels, in advertisements for HP Life, or other similar channels for the specific purpose of promoting and showcasing HP Life client results.
If Client chooses to write about positive experiences in HP Life, Client understands the material, along with Client’s name and other identifying information, will likely be published on AndFox’s website, social media, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting AndFox an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to AndFox as part of a Testimonial.

4. PAYMENT + PAYMENT PLAN:

Client may choose between the following payment options:
A one-time payment of six thousand U.S. dollars ($6,000) payable up front, in full, or,
A three-month payment plan, consisting of three payments of two thousand two hundred U.S. dollars ($2,200) totaling $6,600.
Client agrees to render payment via credit card on AndFox’s sales and checkout page for HP Life. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via AndFox’s website or a designated third-party payment processor of AndFox’s choosing, in full.

3.Client understands the cost of the program is payable in full, or via a payment plan option, which Client will select at the time of purchase:

If Client elects to purchase HP Life via the offered payment plan, Client agrees to abide by the rules and payments as explained on HP Life’s sales page. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted utilizing the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of HP Life for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.

Client understands and agrees that his/her credit card used to make the initial payment in the payment plan will be automatically charged for each of the two subsequent monthly payments thereafter, on or about the same date as the following month.

AndFox reserves the right to cancel Client’s access to HP Life should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issued to AndFox in exchange for work completed thus far, and it is up to the sole discretion of AndFox whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

6.. If Client and AndFox have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on AndFox’s sales page.

AndFox also reserves the right to increase or decrease the price of HP Life for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of AndFox.

5. REFUND POLICY:

AndFox wholly believes in its product, which has been applied and proven by many customers of HP Life and the Certified High Performance Coaching program offered by the High Performance Institute. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, AndFox offers a conditional 1st Session refund under the following circumstances:
In the event Client desires a refund, Client must contact the support team at [email protected] within 24-hours from the time the 1st coaching session - “Focal Points” within HP Life was completed. A representative from AndFox will schedule a call with Client to discuss the basis for the request. Client MUST speak to an AndFox customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the AndFox team and within AndFox’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and Client has no further recourse regarding refunds.
If a refund is granted, Client acknowledges that all access to the Program and its benefits—including but not limited to private groups, live calls, modules, and course materials—will be immediately revoked.
Due to the subjective nature of the Program provided by AndFox, and AndFox’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, AndFox is not able to offer refunds once the 2nd coaching session - “Clarity” - has started. Please conduct any and all necessary research to determine if HP Life is right for you prior to purchasing – after the 2nd coaching session - “Clarity” has started, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchases Program with a payment plan, all payments must be made.

6. VOLUNTARY PARTICIPATION:

Client understands and agrees that he/she is voluntarily choosing to enroll in HP Life and is solely responsible for any outcomes or results. While AndFox believes in its services and that HP Life is able to help many people, You as the Client acknowledge and agree that AndFox is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in HP Life and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within HP Life is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding HP Life and AndFox, should Client make any false or disparaging comments within the HP Life Community group, to other members of HP Life, or otherwise publicly speak negatively about AndFox, David Fox and/or Jennifer Dempsey Fox, or any other member of AndFox, or HP Life, Client may be removed from the HP Life community. AndFox places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

7. DISCLAIMER:

AndFox cannot guarantee results of HP Life, and cannot make any representations or guarantees regarding individual results. Client will hold AndFox and HP Life harmless if he or she does not experience the desired results.
Earnings Disclaimer: AndFox also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is AndFox responsible for Client earnings, or any increase or decrease in finances based upon information within HP Life. Any information or testimonials regarding past or current clients’ participation in HP Life or working with AndFox contained on Website or in sales material that contains financial information or success markers, are individual, and results may vary. AndFox is not able to learn and assess all Clients’ businesses, personal sales models, and strategies outside HP Life and as such, have no way of ensuring that HP Life will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether HP Life will be right or beneficial for you, and is in no way the responsibility of AndFox, David Fox, Jennifer Dempsey Fox, or anyone else associated with AndFox.

3. Client understands that all services provided by AndFox in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with AndFox on a purely voluntary basis and does not hold AndFox or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as AndFox delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by AndFox and Client.
Client agrees to hold AndFox harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of HP Life. The content provided by AndFox on his/her website and within HP Life is comprised of information that has worked for AndFox, derived from the Certified High Performance Coaching Program and other clients, and may or may may not be useful to Client in his/her personal business or life. Client understands AndFox cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds AndFox responsible for.

6.HP Life is not to be considered a substitute for personalized business, medical, or legal advice. HP Life is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may need personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside HP Life.

8. INTELLECTUAL PROPERTY:

Licensee Rights: AndFox’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by AndFox as AndFox sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by AndFox. As a “Licensee,” Client understands and agrees that Client will not:

Copy, edit, distribute, duplicate, or use any information or any Content obtained through Program without written permission by AndFox.
Post, distribute, copy, share or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by AndFox, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by AndFox as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by AndFox was Client’s work, and use in his/her business or personal use as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Client agrees and understands that AndFox has created numerous original, creative works in connection with the Program, and agrees that AndFox maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by AndFox. Client agrees she/he may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with AndFox. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from AndFox to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by AndFox or obtained through working with AndFox, without AndFox’s express written consent. If such behavior is discovered or suspected, AndFox reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

9. INDEMNIFICATION:

Client agrees at all times to defend, fully indemnify and hold AndFox and any affiliates, agents, team members or other party associated with AndFox harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should AndFox be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit AndFox’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by AndFox, free of charge.

10. PROGRAM ACCESS

Client is to have continued access to HP Life sessions notes, guides, and session recordings (if applicable) for a period of 6 months from the original purchase date.

11. DISPUTE RESOLUTION

Should a dispute arise between AndFox and Client, the parties agree to attempt to resolve it by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold AndFox responsible for any specific results, or those results which have been achieved by other clients of AndFox.)

2.If a dispute arises that cannot be resolved through good-faith negotiations, Client and AndFox agree to submit the dispute to binding arbitration under the American Arbitration Association. Arbitration shall take place in Wayne, Pennsylvania, or at AndFox’s sole discretion, in Delaware County, Pennsylvania. The arbitrator's decision will be final and legally enforceable. Client and AndFox agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

12. APPLICABLE LAW

1. This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

13. AMENDMENTS

1. This Agreement may be amended and/or updated by AndFox from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, AndFox will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

14. PROGRAM OUTLINE ADDENDUM

A) Client understands, acknowledges, and agrees he/she is purchasing the High Performance Life (HP Life) from AndFox. Once the Program is purchased, Client will begin receiving HP Life coaching sessions. Each session will last a maximum of 75 minutes. One session will be scheduled each week over the course of the twelve (12) weeks, until Client has received all sessions. Scheduling of each session is the responsibility of the client and must be scheduled within the availability of your specific AndFox coach’s schedule. It is highly recommended that the sessions be scheduled for 12 consecutive weeks, after which, Client is to have continued access for the remainder of the 6 month period, and may review or complete at his/her own pace.

B) Scheduling and Cancellation: Clients are responsible for scheduling their 12 sessions within a 14-week period using the provided scheduling link. Failure to schedule within this timeframe results in forfeiture of remaining sessions. Sessions canceled with less than 24 hours' notice are forfeited and will not be rescheduled.

As outlined on the sales page, HP Life includes the following 12 sessions:

Focal Points - Discovering Your Focus, Level of Agency, and Habits
Clarity - Gaining Immediate, Behavioral-Driven Clarity & Intentionality
Energy - Gaining Immediate Improvements in the Energy You Feel and Generate each Day
Courage - Gaining Confidence, Decisiveness and Momentum
Productivity - Being Immediately More Effective and Productive Every Day
Influence - Being Immediately More Influential in Your Relationships and Career
Psychology Mastery - Developing a Free, Consciously Directed, Positively Engaged Mind
Physiology Mastery - Gaining Even More Energy and the Ability to Command It
Productivity Mastery - Increasing Your Productivity Levels and Cutting Out Distractions
Persuasion Mastery - Targeting Area You Can Be More Persuasive In
Purpose Mastery - Living & Leading With Purpose
Commitment to High Performance - Reviewing Your Progress & Making Commitments for Change

Community Group Access: Client may also be granted access to a private group on social media or some other web-based platform organized by Coach as part of the individual Coaching package. If granted access, Client agrees to use common sense when posting or responding to others in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, AndFox reserves the right to remove Client from any such Community Group and other similar community, in order to preserve the experience for the rest of AndFox’s clients.

Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. AndFox is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of AndFox and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.

15. COACHING & COACH CONFIDENTIALITY

The Coaches will not at any time or in any manner, either directly or indirectly, use for personal benefit or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. The Coaches will protect such information and treat it as strictly confidential. The Coaches agree not to disclose any information pertaining to the Client, including the Client's name as a reference, without the Client’s consent.

According to the ethics of our profession, topics may be anonymously shared with coaching professionals for evaluation, mentoring, training, supervision, or professional development and/or consultation purposes.

The Client will not at any time or in any manner, either directly or indirectly, share business practices in regard to The Coaches or any other program participants without their consent. While you are free to share what you experienced and your thoughts in regard to the high performance coaching program and working with the Coaches, please treat specific personal or business details that you learn about the Coaches as strictly confidential. When sending confidential information, please be aware there are various risks to your privacy that are out of our control, including email and phone that are not completely secure means of communication.

16. Explicit Language & Mature Content

During coaching sessions, in our marketing materials, community groups, websites, social media platforms, emails and other forms of communication (hereinafter “Content”) we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use nor access our Content.

High Performance Academy - Terms of Use

By checking the box next to these Terms of Use and clicking the 'Purchase' button, you (hereinafter referred to as 'Client'), the purchaser of a subscription to High Performance Academy (hereinafter 'HP Academy'), agree to enter into a legally binding Agreement with AndFox (hereinafter 'AndFox'). You acknowledge that you are voluntarily subscribing to HP Academy under the following mutually agreed-upon terms and conditions, including automatic renewal provisions

For good and valuable consideration of ninety-seven U.S. dollars ($97) Client has agreed to purchase a monthly subscription to High Performance Academy, (hereinafter “HP Academy”) or an annual subscription of nine-hundred and ninety-seven dollars ($997). Promotional terms may apply and are outlined on the checkout page during these promotional periods. In exchange, AndFox agrees to provide the services outlined in the HP Academy details below, and HP Academy Addendum attached hereto

1. High Performance Academy OUTLINE:

a. Client agrees and understands that he/she is purchasing a subscription to HP Academy, offering educational resources, group mentoring calls, and a community of like-minded high performance seekers.

b. Client acknowledges that he/she has read the HP Academy Addendum and conducted any additional research necessary to feel he/she understands what is being provided in HP Academy as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on AndFox's website

c. HP Academy is not to be considered a substitute for personalized business, medical, or legal advice. HP Academy is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may need personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside HP Academy.

2. PROMOTIONS AND BONUSES:

a. AndFox may offer promotions, bonuses, or other offers from time to time in connection with HP Academy membership, promoting one or more aspects of HP Academy membership, or offering new or current members additional offers in exchange for upgrading to annual membership, or taking any other action as decided by AndFox. Any promotion which offers new or additional products or services may include additional terms and conditions that must be agreed to prior to becoming eligible for any such promotion or offering. Should Client enter into HP Academy as a new member through any such promotion, bonus, or other offering, such Client will agree to these Terms of Use, as well as any additional terms and conditions associated with the promotion or bonus.

b. AndFox also reserves the right to increase or decrease the price of HP Academy for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of AndFox.

3. CONFIDENTIALITY

a. Client understands he or she is purchasing a subscription to HP Academy with AndFox. Following Client's purchase and access to HP Academy, Client will have gained access to various trade secrets and personal intellectual property of AndFox, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and/or other information that may become available for use through Client's participation in HP Academy. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a subscription to HP Academy. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through HP Academy, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business or personal life without express written permission of AndFox.

b. Should Client breach this provision and disclose confidential or proprietary information belonging to AndFox or another participating in HP Academy, Client understands additional action may be taken by AndFox up to and including legal action.

4. TESTIMONIALS

a. AndFox may request Client provide a testimonial to be published on AndFox's website, or on various sales materials for HP Academy or another Program created by AndFox. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between AndFox and Client if Client refuses testimonial.

b. If Client accepts and provides AndFox with a testimonial, Client understands the material, along with a photo of Client, will likely be published on AndFox's website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming AndFox's rights to use Client's testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting AndFox an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to AndFox as part of a Testimonial.

c. Client gives AndFox an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to any social media or sends in via email, comments on social media platforms, direct messages on social media platforms. Social media platforms include but are not limited to Facebook, Instagram, Tik Tok, LinkedIn, Threads, YouTube, etc. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by AndFox in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for HP Academy.

5. PAYMENT AND PAYMENT PLANS

a.Client understands the cost of HP Academy is payable monthly, in the amount of ninety-seven U.S. dollars ($97), or annually, in the amount of nine-hundred and ninety-seven U.S. dollars ($997) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph six (6). Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via AndFox's website or a designated third-party payment processor of AndFox's choosing, in full. If Client has joined HP Academy during a promotional period and has been promised a trial period, Client understands that after such trial period, Client will be charged the regular retail cost, for a monthly or annual membership; whichever Client selects.

b. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client's access to HP Academy may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date, it is due, AndFox will continue to attempt to charge Client via the subscription site software; if and when payment goes through, Client will again receive full access to the membership site. If payment is not collected, Client's access will remain restricted, and Client will carry a balance on his/her account, showing the months) owed. Client must bring her/his account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client subscription shall be revoked and permanently cancelled. Should Client wish to rejoin HP Academy, after this period, she must do so at the current price membership is being offered, which AndFox reserves the right to increase or decrease at any time for future launches of HP Academy.

c. AndFox reserves the right to cancel Client's access to HP Academy should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to AndFox for access to HP Academy.

6. AUTO-RENEWAL AGREEMENT

a. Client understands and agrees that continued access to HP Academy requires recurring monthly or recurring annual payments that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins HP Academy on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)

b. If Client elects to be charged monthly: by purchasing access to HP Academy, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month via the same card or manner in which the initial payment was made, for the following month of membership to HP Academy. This process will repeat each month unless and until Client properly cancels his or her subscription. If Client elects to be charged annually: by purchasing access to HP Academy, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year via the same card or manner in which the initial payment was made, for the following year of membership to HP Academy. This process will repeat each year unless and until Client properly cancels his or her membership

c. CANCELLATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 72 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 72 hours before the automatic renewal is scheduled to charge Client's card, or made subsequent to the charge, will take effect the following month. Client understands he/she will forfeit any and all access to Program and benefits once a subscription has been cancelled.

HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line SUBSCRIPTION CANCELATION, including the Client's name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon AndFox’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 72 hours away.

ii. As outlined above, if Client cancels his or her membership less than 72 hours before the automatic renewal is scheduled to charge Client's card, Client acknowledges and agrees he or she will be charged for the next month (or year, if billed annually), and the cancelation will take effect following this. Should this occur, Client will have access to HP Academy for the month (or year) in which Client paid, with subscription terminating at the end of the last paid month/year.

d.If Client purchased access to HP Academy during a period in which a free month, or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

e. BILLING ADDRESS: Client agrees to keep its billing address updated within Client's Subscription account, and understands AndFox will use this address to determine Client's state of residence and applicable laws that may apply to Client based upon his/her/their state of residence. Any failure by Client to keep such address updated may impact AndFox's ability to provide Client with accurate billing updates and notices. Client understands this, and to the fullest extent permitted by law, acknowledges that it will be Client's responsibility to notify AndFox of any changes to his/her/their billing address, and represents that the billing address listed within Subscription shall be the most updated and accurate address for Client, and the state of residency for Client. To the extent Client's physical residency is different from his/her/their billing address, Client confirms he/she/they will notify AndFox of same, to ensure AndFox always has Client’s most current address.

7. REFUND POLICY

AndFox wholly believes in its coaching products. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, the nature of the HP Academy program, where the library of past coaching calls & resources is instantly available, could enable abuse by Clients, where a Client simply logs in, downloads materials, and promptly asks for a refund. Which would be the opposite of the intent of the subscription program.

Due to the nature of HP Academy, **all sales are final, and no refunds will be issued**. Clients receive **instant access to coaching resources**, which prevents refund eligibility.

- By subscribing, Client acknowledges this **strict no-refund policy**.

8. TECHNOLOGY

a. AndFox is not responsible for any specific technology you may need in order to adequately view and utilize HP Academy. Client's inability to access HP Academy due to a technology issue on Client's end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client's membership is properly canceled in accordance with the cancelation policy in paragraph six (6).

b. AndFox does not permit sharing subscription accounts, and requires every individual to purchase their own HP Academy account.

9. VOLUNTARY PARTICIPATION

a. Client understands and agrees that he/she is voluntarily choosing to enroll in HP Academy and is solely responsible for any outcomes or results. While AndFox believes in the services and that HP Academy is able to help many people, Client acknowledges and agrees that AndFox is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in HP Academy and any results therein.

b. Client also understands she/he will have the opportunity to provide AndFox with additional personal information, viewable to all HP Academy members, which may include but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in HP Academy for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the HP Academy, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that HP Academy and AndFox are not responsible for any negative results from such information dissemination.

10. DISCLAIMER /NO GUARANTEES

a. While many of AndFox's, and Certified High Performance Coaching past and current clients have experienced wonderful benefits from the content contained in HP Academy, AndFox cannot guarantee results from any of the content on HP Academy, and cannot make any representations or guarantees regarding individual results. Client will hold AndFox harmless if he or she does not experience the desired results.

b. Client understands that all services provided by HP Academy and AndFox in connection with HP Academy being purchased are provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to HP Academy and work with AndFox on a purely voluntary basis and does not hold AndFox or HP Academy responsible should Client become dissatisfied with any portion of HP Academy.

c. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of HP Academy, as long as AndFox delivers HP Academy as described in the Addendum below.

d. Client also agrees to hold AndFox harmless should any physical, emotional, or financial injury occur as a direct or indirect result of HP Academy. The content provided by AndFox on its website and within HP Academy is comprised of information that has worked for AndFox and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands AndFox cannot guarantee results from this HP Academy, and has no expectation of a specific result that he or she holds AndFox responsible for.

e. Earnings Disclaimer: AndFox also does not make any guarantees or assurances regarding a particular financial outcome based on use of HP Academy, nor is AndFox responsible for Client earnings, or any increase or decrease in finances based upon information within HP Academy. Any information or testimonials regarding past or current clients' participation in programs, or working with AndFox contained on AndFox’s website, social media platforms, emails or in sales material that contain financial information are individual, and results may vary.

f. Not Medical or Professional Advice: The purpose and goal of HP Academy is to provide Client with monthly education and assistance. HP Academy and content contained within HP Academy is not to be considered personalized business, medical, legal, or financial advice, and nothing within HP Academy is intended to provide or act as a substitute for mental health treatment. AndFox encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We assume that all individuals choosing to purchase access to HP Academy will have done any additional research necessary and has concluded that HP Academy is right for them.

11. HP Academy "Favorites" SECTION

a. Inside HP Academy, Clients may have access to a "Favorites" page that includes offerings, deals, and coupon codes for some of AndFox's favorite brands. Client understands that AndFox is not responsible nor liable should Client elect to utilize any products or services within the "Favorites" section of HP Academy, and any such decision to do so is wholly voluntary and outside the scope of HP Academy. The Favorites section is no more than a recommendations list of products and services AndFox likes and/or uses, which may or may not be useful to members of HP Academy.

b. If AndFox has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing AndFox to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an "affiliate" link. Those marked with "affiliate link" notations means AndFox is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.

12. INTELLECTUAL PROPERTY

a. Client agrees and understands that AndFox has created numerous original, creative works in connection with HP Academy, and agrees that AndFox maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in HP Academy, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by AndFox. Client agrees she/he may be granted a limited right to use selected materials in the course of his or her own business and life but understands that the original proprietary rights remain with AndFox. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from AndFox to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of HP Academy.

b. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by AndFox or obtained through working with AndFox, without AndFox's express written consent. If such behavior is discovered or suspected, AndFox reserves the right to immediately end Client's participation in HP Academy without refund, as well as access to any HP Academy or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

c. Licensee Rights: AndFox's Limited License to Client: Client understands that in purchasing HP Academy, she/he is gaining access to view all content and information available as part of HP Academy. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by AndFox. As a "Licensee," Client understands and agrees that Client will not:

i. Copy, edit, distribute, duplicate, or steal any information or any Content obtained through HP Academy without written permission by AndFox;

ii. Post, distribute, copy, steal or otherwise use any portion of the HP Academy or its content, or information obtained via other members in the group HP Academy without written permission by AndFox, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client

iii. Claim any content created by AndFox as part of HP Academy or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by AndFox was Client's work, and use in his/her business or life as his/her own.

vi. Share purchased materials, information, content with others who have not purchased them

v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

13. INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold AndFox and any affiliates, agents, team members or other party associated with AndFox harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client's use of HP Academy, as well as any third-party claims of any kind (including attorney's fees) arising from his/her actions as a direct or indirect result of Client's participation in HP Academy. Should AndFox be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client's participation or assistance would benefit AndFox's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by AndFox, free of charge

14. DISPUTE RESOLUTION

a. Should a dispute arise between AndFox and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a "dispute" and agrees he or she does not hold AndFox responsible for any specific results, or those results which have been achieved by other clients of AndFox.)

b. If unable to reach a resolution informally, Client and AndFox agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Delaware County, Pennsylvania within a reasonable amount of time. Client and AndFox agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

15. APPLICABLE LAW

This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

16. AMENDMENTS

This agreement may be amended or modified from time to time, as HP Academy membership is updated, laws or regulations change, or as desired by AndFox. Client understands and agrees that he/she will abide by the most recent version of these Terms of Use, and will check back periodically as needed. Should AndFox make any large changes to these Terms of Use, you as the Client will be notified, and given an opportunity to cancel your membership should you refuse to agree to the updated Terms. Otherwise, your continued membership in HP Academy will serve as confirmation of your agreement to the updated terms.

17. AUTHORIZATION + RELEASE

By participating in the Program, you acknowledge that your involvement may be recorded in various forms such as audio, video, or images. You grant AndFox and its representatives the right to use these recordings worldwide and indefinitely for promotional purposes, without any further compensation to you. This includes the right to modify the recordings as deemed necessary.

You confirm that any statements or endorsements you make are truthful and represent your genuine opinions and experiences. You waive any rights to review or approve the recordings and release AndFox from any liability arising from their use.

You affirm that you are at least eighteen years old and legally competent to enter into this agreement. This release applies to you, your heirs, and assigns.

By agreeing to these terms, you acknowledge that your participation is voluntary and that you are solely responsible for your actions.

18. Explicit Language & Mature Content

High Performance Academy OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to HP Academy. While the below is subject to change, at the time of purchase, HP Academy includes access to the following:

HP Academy membership, including all content and resources that have been created for the Membership.

2. High Performance Coaching Curriculum

3. Group Mentoring Sessions twice per month lasting approximately one hour.

4. Access to an exclusive online community only for HP Academy members.

5. Additional resources, guides, and services as created by AndFox.

High Performance 12 - Terms of Use

By checking the box next to this Terms of Use, and clicking the "Purchase" button, you, the purchaser of High Performance 12," (hereinafter "Client") acknowledge the terms as outlined herein, and voluntarily and willingly agree to them, and to be provided with services rendered by AndFox (hereinafter "AndFox"). You agree you are voluntarily entering into a legally binding Agreement with AndFox, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration as outlined below, Client is electing to purchase access to High Performance 12 ("Program" or "HP12"). In exchange, AndFox agrees to provide the services outlined herein, and in the attached
"HP12 Deliverables Addendum."

1 HP12 OUTLINE:

Client agrees and understands that he/she is purchasing access to AndFox's HP12, a pre-recorded twelve (12) module high performance coaching online course with twenty six (26) instructional videos designed to help you achieve a greater level of success, maintain it, while improving your relationships and health. Client acknowledges that he/she has read and reviewed the HP12 Deliverables Addendum attached hereto, asked any questions regarding the content or delivery of HP12 in order to ensure he/she has a full picture of what is being provided, and conducted any additional research necessary to feel he/she understands what is being provided in HP12 as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on AndFox's website.

2. HP12 is not to be considered a substitute for personalized business, medical, or legal advice. HP12 is not designed to treat any mental, emotional, or other medical conditions, nor do we guarantee it will be a good fit for your business or goals. If you as the Client believe you may be in need of coaching, attention, or treatment that falls outside what is included within HP12, or are not certain HP12 is right for you, please contact AndFox directly to discuss, or inquire with a relevant professional to confirm your needs.

2 CONFIDENTIALITY:

Access into HP12 will include access to various trade secrets and personal intellectual property of AndFox, including but not limited to materials such as verbal, written, and video advice, guidance, spreadsheets, worksheets, images, signature proprietary frameworks, and/or other information that may become available for use through Client's participation in HP12.

Client agrees not to share, copy, reproduce, distribute, or disclose any proprietary information, content, or materials from HP12 to non-purchasers without express written permission from AndFox. Violation of this provision may result in legal action and immediate termination of access without refund

He or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business or life without express written permission of AndFox.

2. Should Client breach this provision and disclose confidential or proprietary information belonging to AndFox or another member of the HP12, Client understands additional action may be taken by AndFox or any third party up to and including legal action.

3 TESTIMONIALS:

AndFox may request Client provide a testimonial to be published on AndFox’s website, social media platforms, emails or on various sales materials for HP12, or another Program created by AndFox. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between AndFox and Client if Client refuses testimonial.

2. If Client accepts and provides AndFox with a testimonial, Client understands the material, along with a photo of Client, will likely be published on AndFox's website or social media. Should Client agree to provide a testimonial, Client will agree to review and sign an additional release confirming AndFox's rights to use Client's testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting AndFox an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to AndFox as part of a Testimonial.

3. Client grants AndFox a perpetual, non-exclusive, irrevocable and royalty-free license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, slack, or other modes of communication, including but not limited to AndFox Facebook Page, Instagram comments, Instagram DMs to AndFox or David Fox or Jennifer Dempsey Fox, LinkedIn posts and comments to AndFox or David Fox or Jennifer Dempsey Fox, and X comments to AndFox. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by AndFox in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for HP12 and or AndFox or other AndFox programs and products.

4 PAYMENT AND PAYMENT PLANS:

Client will receive access to HP12 only following payment in full of a one-time payment of nine hundred and ninety-seven U.S. dollars ($997), payable via AndFox's third-party payment processor on the applicable sales page.
Client understands and agrees that there is no payment plan option available for HP12, and payment in full must be received and processed prior to Client receiving access to HP12. AndFox reserves this right to cancel Client's access to HP12 should there be any issue with Client's payment that is not timely resolved by Client.

5 REFUND POLICY:

As Client will receive full access to HP12 upon purchase in digital format and completion of the 1st module - “Focal Points”, Client understands and agrees AndFox is not able to offer refunds of any kind (full or partial) once Client has started the 2nd module - “Clarity”. Client confirms he/she will do all necessary research to confirm the details of HP12 prior to purchase.

2. Client further agrees and understands that changing his/her mind about HP12, failing to follow through or understand the details of Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund. Client understands that by confirming agreement to the terms herein, he/she is committing to paying for HP12 in full.

6 TECHNOLOGY:

AndFox is not responsible for any specific technology or applications Client may need in order to adequately receive the benefits or offerings of HP12. Client's inability to access any part of HP12, bonuses, worksheets, or spreadsheets due to technology on Client's end does not qualify Client for a refund.

2. Client understands this is a completely digital, pre-recorded video module on-line course, which does not include any live, personalized, or in-person training from AndFox, Jennifer Dempsey Fox, or David Fox. Client may access, view, and implement modules, materials, and bonuses at his/her own pace.

7 VOLUNTARY PARTICIPATION:

Client understands and agrees that he/she is voluntarily choosing to enroll in HP12, and is solely responsible for any outcomes or results. Client acknowledges and agrees that HP12 is not responsible nor liable to Client should Client sustain any injuries, incur harm (financial, emotional, business, or otherwise), or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, finances, legalities, and other details of Client's business, including participation in HP12 and any results he or she may see therein.

8 DISCLAIMER /NO GUARANTEES

AndFox cannot guarantee results from HP12, and cannot make any representations or guarantees regarding individual results. Client will hold AndFox harmless if he or she does not experience the desired results. All services provided by AndFox in connection with HP12 are provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to HP12 and work with AndFox on a purely voluntary basis, and does not hold AndFox responsible should Client become dissatisfied or realize HP12 is not what he or she thought it was.

2. Earnings Disclaimer: AndFox does not make any guarantees or assurances regarding a particular financial outcome based on use of HP12, nor is AndFox responsible for Client earnings, or any increase or decrease in finances based upon information within HP12. Any information or testimonials regarding past or current clients' participation in programs, AndFox income generated from content, or working with AndFox contained on Website or in sales material that contains financial information are individual, and results may vary.

3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of HP12, as long as AndFox delivers it as described on the sales page and herein.

4. Client also agrees to hold AndFox harmless should any physical, emotional, or financial injury occur as a direct or indirect result of HP12. The content and coaching guidance provided by AndFox on its website and within HP12 consists of information that has worked for AndFox and other clients, but may or may not be useful to Client in his/her personal business or life. Client understands AndFox cannot guarantee results from HP12, and has no expectation of a specific result that he or she holds AndFox responsible for.

5. Client also understands he or she is electing to purchase Program based upon an independent decision that participating in Program will benefit Client and his/her business or personal life. The content within HP12 may not be suitable for all persons and all business levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons in order to make it applicable to Client's business or life.

6. Not Medical or Professional Advice: HP12 and content contained within is not to be considered personalized business, medical, legal, or financial advice, and nothing therein is intended to provide or act as a substitute for mental health treatment, financial advice, legal advice, or otherwise. AndFox encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to HP12 will have done any additional research necessary and have concluded that HP12 is right for them.

9 INTELLECTUAL PROPERTY

Client agrees and understands that AndFox has created numerous original, creative works in connection with HP12, and will be sharing proprietary frameworks, methods, content, and information. AndFox maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in HP12, whether created prior to working with Client or specifically for Client, including but not limited to: verbal or written advice, video content, documents, charts, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, proprietary framework materials, AndFox methods, frameworks, and other proprietary processes, and any other original work created and/or owned by AndFox. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with AndFox. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from AndFox to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of HP12.

2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by AndFox or obtained through working with AndFox, without AndFox's express written consent. If such behavior is discovered or suspected, AndFox reserves the right to immediately end Client's participation in HP12 without refund, as well as access to any materials Client may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.

3. Licensee Rights: AndFox's Limited License to Client: Client understands that in purchasing HP12, she/he is gaining access to view all content and information available. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by AndFox. As a "Licensee," Client understands and agrees that Client will not:
• Copy, edit, distribute, duplicate or steal any information or any Content obtained through HP12 without written permission by AndFox;
• Post, distribute, copy, steal or otherwise use any portion of Program or its content, or information obtained via other members in the group without written permission by AndFox, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
• Claim any content created by AndFox or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by AndFox was Client's work, and use in his/her business or life as his/her own.
• Share purchased materials, information, content with others who have not purchased them.
• Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

10 INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold AndFox, Jennifer Dempsey Fox, David Fox, and any affiliates, agents, team members, contractors, experts, or other parties associated with AndFox harmless from any causes of action, damages, losses, costs, expenses incurred as a result of HP12, as well as any third-party claims of any kind (including attorney's fees) arising from his/her actions as a direct or indirect result of HP12. Should AndFox be required to defend itself in any action directly or indirectly involving Client, or an action where AndFox decides Client's participation or assistance would benefit AndFox’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by AndFox, free of charge.

11 DISPUTE RESOLUTION

Should a dispute arise between AndFox and Client, the parties agree to attempt to resolve it by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a "dispute" and agrees he or she does not hold AndFox responsible for any specific results, or those results which have been achieved by other clients of AndFox.)

2. If unable to reach a resolution informally, Client and AndFox agree that to the extent permitted by law, all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Delaware County, Pennsylvania within a reasonable amount of time. Client and AndFox agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

12 APPLICABLE LAW

This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

13 AMENDMENTS

This Agreement may be modified from time to time to reflect changes in HP12, AndFox policies, or other relevant updates. In the event AndFox makes any material changes to these Terms, AndFox will notify Client via email, and invite Client to review these Terms of Use. Continued participation in HP12 will constitute acceptance of any and all updates or amendments to this Agreement, and continued agreement herein.

14. Explicit Language & Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use our Sites.

HP12 DELIVERABLES ADDENDUM

Client understands that HP12 is a digital, 12-module video content course with twenty six (26) video trainings and applicable bonus content or materials, depending on when Client purchases. HP12 will be delivered via the platform Kajabi. Client's inability to access any of these deliverables does not affect or impact the purchase price of HP12, nor is Client eligible for a discount, refund, personal coaching calls, special or extra treatment, or otherwise. Following purchase, Client is to have access to the following materials:

Twelve (12) core modules covering the following topics:
Module 1: Focal Points
• Video 1: Discover Your Focus, Level of Agency and Habits
• Video 2: Focal Points Guide

Module 2: Clarity
• Video 1: Gain Immediate, Behavioral-Driven Clarity and Intentionality
• Video 2: The Clarity Chart Guide

Module 3 Energy
• Video 1: Gain Immediate Improvements in the Energy You Feel and Generate Each Day
• Video 2: Energy Checklist Guide

Module 4 Courage
• Video 1: Gain Confidence, Decisiveness and Momentum
• Video 2: Courage Checklist Guide

Module 5 Productivity
• Video 1: Be Immediately More Effective and Productive Every Day
• Video 2: Project Planner Guide
• Video 3: Block Time Guide

Module 6 Influence
• Video 1: Be Instantly More Influential in Your Relationships and Careers
• Video 2: The Influence Model Guide

Module 7 Psychology Mastery
• Video 1 Develop A Free, Consciously-Directed, Positively Engaged Mind
• Video 2 Tenants of Psychology Mastery Guide

Module 8 Physiology Mastery
• Video 1: Expand On Session 3 To Gain An Even Greater Level and Command of Energy
• Video 2: 3 More Ideas - Physiology Mastery Guide

Module 9 Productivity Mastery
• Video 1: Revisit Your Productivity Levels & Cutting Out Distractions
• Video 2: Action Indicator Assessment Guide

Module 10 Persuasion Mastery
• Video 1: Targeting Areas Where You Can Be More Persuasive
• Video 1: The Persuasion Formula Guide
• Video 2: Persuasion Planning Guide

Module 11 Purpose Mastery
• Video 1: Living & Leading With Purpose
• Video 2: Defining & Leading Our Purpose Guide

Module 12 Commitment to High Performance
• Video 1: Reviewing Your Progress & Making Commitment For Change
• Video 2: Life Arenas Assessment Guide

Three (3) bonus modules, including:
• TBD!!

Strategy Session & Free Content - Terms of Use

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Strategy Session outlined below (hereinafter “you” or “Client”) agree and willingly purchase enrollment into this program to be provided with services rendered by AndFox, LLC (hereinafter “AndFox”), and you agree you are voluntarily entering into a legally binding Agreement with AndFox, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of zero U.S. Dollars ($0) And for providing the Client’s email address, Client is electing to purchase the Strategy Session coaching program (hereinafter “SS”). In exchange, AndFox agrees to provide the services outlined in the Program Details below.

1. PROGRAM DETAILS:

Client agrees and understands that he/she is purchasing the Strategy Session (“SS” or “Program”) by AndFox, a free 60-minute coaching session designed to help Clients determine if Certified High Performance Coaching is right for them, while also enabling AndFox to determine if the Client is a match for AndFox products and programs. AndFox utilizes the Certified High Performance Coaching program created by Brendon Burchard and the High Performance Institute as the foundation of the SS.

2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in SS as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on AndFox’s website.

2. NON-DISCLOSURE:

Client understands that one of the primary elements in purchasing SS and learning from AndFox is the benefit of obtaining expert guidance, teachings, materials, and exercises that help high achievers turn into high performers. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of AndFox, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in SS. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in SS, without permission from AndFox or David Fox or Jennifer Dempsey Fox personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through SS, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of SS. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of his/her enrollment in SS, other than for personal use without prior written permission from AndFox.

3. TESTIMONIALS:

Client understands and agrees that any and all commentary provided on public social media profiles including those belonging to AndFox may be published and used as testimonials by AndFox. Client gives AndFox a non-exclusive, irrevocable, royalty-free license to use the copy as written on the social media profile, in the email, or otherwise, and repost on AndFox social media channels, in advertisements for SS, or other similar channels for the specific purpose of promoting and showcasing SS client results.
If Client chooses to write about positive experiences in SS, Client understands the material, along with Client’s name and other identifying information, will likely be published on AndFox’s website, social media, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting AndFox an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to AndFox as part of a Testimonial.

4. PAYMENT:

The SS is currently a free offering, and is provided in exchange for the Client’s email address as provided during the Client’s purchase/registration.
AndFox reserves the right to cancel Client’s access to HP Life and/or HP Tribes should he/she fail to return the completed Strategy Session Questionnaire, or if in AndFox’s sole determination, AndFox believes Client is not demonstrating adequate commitment and seriousness towards high performance coaching.
AndFox also reserves the right to increase or decrease the price of SS for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of AndFox.

5. REFUND POLICY:

No refunds are offered for any reason.

6. VOLUNTARY PARTICIPATION:

Client understands and agrees that he/she is voluntarily choosing to enroll in SS and is solely responsible for any outcomes or results. While AndFox believes in its services and that SS is able to help many people, You as the Client acknowledge and agree that AndFox is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in SS and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within SS is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding SS and AndFox, should Client make any false or disparaging comments on social media platforms or otherwise publicly speak negatively about AndFox, David Fox and/or Jennifer Dempsey Fox, or any other member of AndFox, or SS, Client’s enrollment in SS may be terminated and any access to bonuses or free content extended to Client as part of the SS enrollment will be forfeited by Client, with immediate effect. AndFox places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a Client who cannot abide by this may lose his/her access to the community and all resources made available by AndFox. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

7. DISCLAIMER:

AndFox cannot guarantee results of SS, and cannot make any representations or guarantees regarding individual results. Client will hold AndFox and SS harmless if he or she does not experience the desired results.
Earnings Disclaimer: AndFox also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is AndFox responsible for Client earnings, or any increase or decrease in finances based upon information within SS. Any information or testimonials regarding past or current clients’ participation in SS or working with AndFox contained on Website or in sales material that contain financial information or success markers, are individual, and results may vary. AndFox is not able to learn and assess all Clients’ businesses, personal sales models, and strategies outside SS and as such, have no way of ensuring that SS will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether SS will be right or beneficial for you, and is in no way the responsibility of AndFox, David Fox, Jennifer Dempsey Fox, or anyone else associated with AndFox.

3. Client understands that all services provided by AndFox in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with AndFox on a purely voluntary basis and does not hold AndFox or Program responsible should Client become dissatisfied with any portion of the Program.

4. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as AndFox delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by AndFox and Client.

5. Client agrees to hold AndFox harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of SS. The content provided by AndFox on his/her website and within SS is comprised of information that has worked for AndFox, is derived from the Certified High Performance Coaching Program and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands AndFox cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds AndFox responsible for.

6.SS is not to be considered a substitute for personalized business, medical, or legal advice. SS is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside SS.

INTELLECTUAL PROPERTY:

Copy, edit, distribute, duplicate, or steal any information or any Content obtained through Program without written permission by AndFox.
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by AndFox, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by AndFox as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by AndFox was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Client agrees and understands that AndFox has created numerous original, creative works in connection with the Program, and agrees that AndFox maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by AndFox. Client agrees she/he may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with AndFox. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from AndFox to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by AndFox or obtained through working with AndFox, without AndFox’s express written consent. If such behavior is discovered or suspected, AndFox reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

9.INDEMNIFICATION:

Client agrees at all times to defend, fully indemnify and hold AndFox and any affiliates, agents, team members or other party associated with AndFox harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should AndFox be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit AndFox’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by AndFox, free of charge.

10. PROGRAM ACCESS

Client may use the questionnaire, any handouts provided by AndFox, and any advice, guidance, or teachings by the AndFox coaches, for a period of 1-year from the original purchase date.

11. DISPUTE RESOLUTION

Should a dispute arise between AndFox and Client, the parties agree to attempt to resolve it by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold AndFox responsible for any specific results, or those results which have been achieved by other clients of AndFox.)
If unable to reach a resolution informally, Client and AndFox agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Wayne, Pennsylvania (or at AndFox’s sole discretion, to be completed within Delaware County Pennsylvania) within a reasonable amount of time. Client and AndFox agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

12. APPLICABLE LAW

This Agreement shall be governed by and under control of the laws of Pennsylvania regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Pennsylvania are to be applicable here.

13. AMENDMENTS

This Agreement may be amended and/or updated by AndFox from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, AndFox will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

14. PROGRAM OUTLINE ADDENDUM

A) Client understands, acknowledges, and agrees he/she is purchasing the SS by AndFox. Once the Program is purchased, Client may schedule their 60-minute coaching sessions. Scheduling of the session is the responsibility of the Client and must be scheduled within the availability of your specific AndFox coach’s schedule.

B) Scheduling and Cancellation: Clients are responsible for scheduling their SS session within a 4-week period using the provided scheduling link. Failure to schedule within this timeframe results in forfeiture of the SS session. A SS session canceled with less than 72 hours' notice are forfeited and will not be rescheduled.

15. COACHING & COACH CONFIDENTIALITY

16. Explicit Language & Mature Content

17. USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an (your) email address (the “Free Fox Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Fox Content in any manner.

By downloading the Free Fox Content, you agree that the Free Fox Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Free Fox Content, you further agree that you shall not create any derivative work based upon the Free Fox Content and you shall not offer any competing products or services based upon any information contained in the Free Fox Content.

By downloading the Free Fox Content, you further agree to be bound by all of the terms in paragraphs 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16 above. For clarity, SS shall be replaced with Free Fox Content when interpreting those paragraphs for Free Fox Content terms

High Performance Tribe - Terms of Use

By checking the box next to these Terms of Use and clicking the “Purchase” button, you, the purchaser of the High Performance Tribe program (hereinafter “you” or “Client”), agree to enter into a legally binding Agreement with AndFox, LLC (also known as &Fox, LLC) (hereinafter “AndFox”). You acknowledge that you are voluntarily purchasing access to this program under the following mutually agreed-upon terms and conditions.

For good and valuable consideration of six thousand U.S. Dollars ($3,000) or three payments of one thousand two hundred U.S. dollars (3x $1,200) Client is electing to purchase the High Performance Life coaching program (hereinafter “HP Life”). In exchange, AndFox agrees to provide the services outlined in the Program Details below.

1. PROGRAM DETAILS:

Client agrees and understands that he/she is purchasing the High Performance Tribe (“HP Tribe” or “Program”) by AndFox, a 12-session coaching program designed to help Clients achieve a higher level of success, while improving their relationships and health. AndFox utilizes the Certified High Performance Coaching program created by Brendon Burchard and the High Performance Institute as the foundation of the HP Tribe program.

2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in HP Tribe as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on AndFox’s website.

2. NON-DISCLOSURE:

Client understands that one of the primary elements in purchasing HP Tribe and learning from AndFox is the benefit of obtaining expert guidance, teachings, materials, and exercises that help high achievers turn into high performers. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of AndFox, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in HP Tribe. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in HP Tribe, without permission from AndFox or David Fox or Jennifer Dempsey Fox personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through HP Tribe, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of HP Life. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of his/her enrollment in HP Tribe, other than for personal use without prior written permission from AndFox.

3. TESTIMONIALS:

Client understands and agrees that any and all commentary provided on public social media profiles including those belonging to AndFox may be published and used as testimonials by AndFox. Client gives AndFox a non-exclusive license to use the copy as written on the social media profile, in the email, or otherwise, and repost on AndFox social media channels, in advertisements for HP Tribe, or other similar channels for the specific purpose of promoting and showcasing HP Tribe client results.
If Client chooses to write about positive experiences in HP Tribe, Client understands the material, along with Client’s name and other identifying information, will likely be published on AndFox’s website, social media, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting AndFox an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to AndFox as part of a Testimonial.

4. PAYMENT + PAYMENT PLAN:

Client may choose between the following payment options:

A) one-time payment of three thousand U.S. dollars ($3,000) payable up front, in full, or,

B) three-month payment plan, consisting of three payments of one thousand two hundred U.S. dollars ($1,200) totaling $3,600.

2. Client agrees to render payment via credit card on AndFox’s sales and checkout page for HP Tribe. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via AndFox’s website or a designated third-party payment processor of AndFox’s choosing, in full.

3.Client understands the cost of the program is payable in full, or via a payment plan option, which Client will select at the time of purchase:

If Client elects to purchase HP Tribe via the offered payment plan, Client agrees to abide by the rules and payments as explained on HP Tribe’s sales page. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted utilizing the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of HP Tribe for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.

AndFox reserves the right to cancel Client’s access to HP Tribe should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issued to AndFox in exchange for work completed thus far, and it is up to the sole discretion of AndFox whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

6. If Client and AndFox have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on AndFox’s sales page.

AndFox also reserves the right to increase or decrease the price of HP Tribe for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of AndFox.

5. REFUND POLICY:

1. AndFox wholly believes in its product, which has been applied and proven by many customers of HP Tribe and the Certified High Performance Coaching program offered by the High Performance Institute. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, AndFox offers a conditional 1st Session refund under the following circumstances:

2. In the event Client desires a refund, Client must contact the support team at [email protected] prior to 72-hours from the time the 1st coaching session - “Focal Points” within HP Tribes begins. A representative from AndFox will schedule a call with Client to discuss the basis for the request. Client MUST speak to an AndFox customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 24 hours of the date it is offered. Any and all requests for refunds will be decided by the AndFox team and within AndFox’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made.. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and Client has no further recourse regarding refunds.

3. If a refund is granted, Client acknowledges that all access to the Program and its benefits—including but not limited to private groups, live calls, modules, and course materials—will be immediately revoked.

4. Due to the subjective nature of the Program provided by AndFox, and AndFox’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, AndFox is not able to offer refunds once the 1st coaching session - “Focal Points” - has started. Please conduct any and all necessary research to determine if HP Tribe is right for you prior to purchasing – after the 1st coaching session - “Focal Points” has started, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchases Program with a payment plan, all payments must be made.

6. VOLUNTARY PARTICIPATION:

1. Client understands and agrees that he/she is voluntarily choosing to enroll in HP Tribe and is solely responsible for any outcomes or results. While AndFox believes in its services and that HP Tribe is able to help many people, You as the Client acknowledge and agree that AndFox is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in HP Tribe and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within HP Tribe is solely the responsibility and decision of Client.

2. CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding HP Tribe and AndFox, should Client make any false or disparaging comments within the HP Tribe Community group, to other members of HP Tribe, or otherwise publicly speak negatively about AndFox, David Fox and/or Jennifer Dempsey Fox, or any other member of AndFox, or HP Tribe, Client may be removed from the HP Tribe community. AndFox places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

7. DISCLAIMER:

1. AndFox cannot guarantee results of HP Tribe, and cannot make any representations or guarantees regarding individual results. Client will hold AndFox and HP Tribe harmless if he or she does not experience the desired results.

2. Earnings Disclaimer: AndFox also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is AndFox responsible for Client earnings, or any increase or decrease in finances based upon information within HP Tribe. Any information or testimonials regarding past or current clients’ participation in HP Tribe or working with AndFox contained on Website or in sales material that contains financial information or success markers, are individual, and results may vary. AndFox is not able to learn and assess all Clients’ businesses, personal sales models, and strategies outside HP Tribe and as such, have no way of ensuring that HP Tribe will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether HP Tribe will be right or beneficial for you, and is in no way the responsibility of AndFox, David Fox, Jennifer Dempsey Fox, or anyone else associated with AndFox.

3. Client understands that all services provided by AndFox in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with AndFox on a purely voluntary basis and does not hold AndFox or Program responsible should Client become dissatisfied with any portion of the Program.

5. Client agrees to hold AndFox harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of HP Tribe. The content provided by AndFox on his/her website and within HP Tribe is comprised of information that has worked for AndFox, derived from the Certified High Performance Coaching Program and other clients, and may or may may not be useful to Client in his/her personal business or life. Client understands AndFox cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds AndFox responsible for.

6.HP Tribe is not to be considered a substitute for personalized business, medical, or legal advice. HP Tribe is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may need personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside HP Tribe.

8. INTELLECTUAL PROPERTY:

Copy, edit, distribute, duplicate, or use any information or any Content obtained through Program without written permission by AndFox.
Post, distribute, copy, share or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by AndFox, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by AndFox as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by AndFox was Client’s work, and use in his/her business or personal use as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Client agrees and understands that AndFox has created numerous original, creative works in connection with the Program, and agrees that AndFox maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by AndFox. Client agrees she/he may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with AndFox. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from AndFox to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by AndFox or obtained through working with AndFox, without AndFox’s express written consent. If such behavior is discovered or suspected, AndFox reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

9. INDEMNIFICATION:

Client agrees at all times to defend, fully indemnify and hold AndFox and any affiliates, agents, team members or other party associated with AndFox harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should AndFox be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit AndFox’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by AndFox, free of charge.

10. PROGRAM ACCESS

Client is to have continued access to HP Tribe sessions notes, guides, and session recordings (if applicable) for a period of 6 months from the original purchase date.

11. DISPUTE RESOLUTION

1. Should a dispute arise between AndFox and Client, the parties agree to attempt to resolve it by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold AndFox responsible for any specific results, or those results which have been achieved by other clients of AndFox.)

12. APPLICABLE LAW

13. AMENDMENTS

This Agreement may be amended and/or updated by AndFox from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, AndFox will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

14. PROGRAM OUTLINE ADDENDUM

A) Client understands, acknowledges, and agrees he/she is purchasing the High Performance Tribe (HP Tribe) from AndFox. Once the Program is purchased, Client will begin receiving HP Tribe coaching sessions. Each session will last a maximum of 75 minutes. One session will be scheduled each week over the course of the twelve (12) weeks, until Client has received all sessions. Scheduling of each session is the responsibility of the AndFox and there is no option for AndFox to change the scheduled dates/times of any session to meet the the availability of your specific schedule. It is highly recommended that you block the sessions scheduled on your calendar to ensure your availability. At the sole discretion of AndFox, a session(s) scheduled date/time may be revised or rescheduled, and it will be your responsibility to adjust your schedule to ensure your availability and participation. Each HP Tribe session will be recorded. HP Tribes is designed to be completed in twelve (12) consecutive weeks, and Client will have continued access to the HP Tribe recordings and materials for the remainder of the 6 month period, and may review or complete at his/her own pace.

B) Scheduling and Cancellation: AndFox is responsible for scheduling the 12 sessions. Failure of the Client to attend, or the inability of the Client to attend, does not qualify the Client for a refund of any kind. As outlined on the sales page, HP Tribe includes the following 12 sessions:

1. Focal Points - Discovering Your Focus, Level of Agency, and Habits

2. Clarity - Gaining Immediate, Behavioral-Driven Clarity & Intentionality

3. Energy - Gaining Immediate Improvements in the Energy You Feel and Generate each Day

4. Courage - Gaining Confidence, Decisiveness and Momentum

5. Productivity - Being Immediately More Effective and Productive Every Day

6. Influence - Being Immediately More Influential in Your Relationships and Career

7. Psychology Mastery - Developing a Free, Consciously Directed, Positively Engaged Mind

8. Physiology Mastery - Gaining Even More Energy and the Ability to Command It

9. Productivity Mastery - Increasing Your Productivity Levels and Cutting Out Distractions

10. Persuasion Mastery - Targeting Area You Can Be More Persuasive In

11. Purpose Mastery - Living & Leading With Purpose

12. Commitment to High Performance - Reviewing Your Progress & Making Commitments for Change

15. COACHING & COACH CONFIDENTIALITY

16. Explicit Language & Mature Content

Terms of Use

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