Revision: January 2, 2024
Economic Growth Business Incubator Terms of Service
This Terms of Service agreement is enforced with all the individuals seeking business coaching and training from the Economic Growth Business Incubator (hereafter “EGBI” and/or the Organization”) by any aspiring or existing business owners using our coaching and training services (hereafter the “Client”). By scheduling an appointment or getting registered to any of our trainings, the Client accepts the Terms of Service in this agreement (the “Agreement”), to retain EGBI as a business trainer, coach, or consultant, the Client must agree to the following terms and conditions:
- DESCRIPTION OF SERVICES
EGBI shall provide The Client with the following services (the “Services”):
- Business and Professional Training
- Business Coaching
- Business Support
- FEES, COSTS & PAYMENTS
The Business Coaching and or Support Fee (the “Coaching Fee”) is one hundred and twenty-five dollars ($125.00), which unless otherwise expressed upon scheduling is waved as a community service by EGBI to all Clients in Central Texas.
The Business and Professional Training Support Fee (the “Training Fee”) varies depending on the length and complexity of the workshop. The Training Fee and payment terms will be clearly expressed upon registration to Clients and may be waived if a scholarship is requested for some Clients in Central Texas.
Payments are non-refundable once tendered to the EGBI, as the Organization is required to prepare work and pay for certain services in relation to the provision of Services.
Payments not postmarked or received by the Organization by the due date may incur a late fee of ten percent (10%). Note that all Services may cease, at the sole discretion of EGBI, until any balance more than ten (10) days past due is paid in full.
Payment shall be made by cash, check, money order or credit card. Checks shall be made payable to Economic Growth Business Incubator, and mailed to: Economic Growth Business Incubator, 1144 Airport Blvd. Suite 260, Austin, Texas 78702. Returned checks shall be subject to a thirty-five-dollar ($35.00) fee and any subsequent payments must be made via cash, cashier’s check, or money order.
Travel and Expenses: The Client shall be responsible for payment of any reasonable fees incurred by EGBI in conjunction with this engagement. Travel required for meetings, appointments, and venues more than sixty (60) miles from Organization’s offices shall be billed to the Client at the current IRS travel rate, no Client will incur expenses if not clearly pre-approved before Service.
Additional Services: Certain additional Services not included in this Agreement may be billed hourly, at the rate of one hundred and twenty five dollars ($125.00) per hour, unless otherwise agreed by both the Client and the Organization. If additional hourly services are necessary EGBI will provide the Client with an estimate prior to commencing such services. The Organization shall provide the Client with an invoice for additional services, and payment by Clients is due within ten (10) days of receipt of an invoice.
Assignment of Services: EGBI may at times assign certain portions of this Agreement to an employee, independent contractor, or third-party consultant to ensure efficient performance of the Services contemplated by this Agreement.
- CLIENT RESPONSIBILITIES
The Client shall attend scheduled meetings or cancel with a 48-hour notice, otherwise the service may be terminated.
The Client shall complete homework assignments before the next scheduled meeting, otherwise the meeting may be cancelled until completion of homework.
The client understands that EGBI, its employees, volunteers or third-party contractors are not licensed professionals in law or tax reporting unless otherwise clearly disclosed prior to service, and it is the responsibility of the Client to seek professional accounting or legal advice to confirm his/her business decisions.
The Client recognizes that a business strategy is a platform for success subject to numerous variables including efforts expended by the Client. EGBI makes no representation or warranty with respect to any outcome and cannot guarantee any outcomes as such outcomes are dependent on such numerous variables. The organization does, however, warrant that the strategy it recommends, if followed as provided, will lead to additional traction to the Client’s business.
- CONTRACTS WITH VENDORS AND OTHER PARTIES
EGBI shall have no authority to represent itself as an agent of the Client, nor to assume or create any obligation on behalf of the Client. The Client understands and agrees that EGBI’s role is that of a business coach or consultant. The Client shall indemnify, hold harmless and defend EGBI for, from and against all demands, claims, actions, expenses, losses, damages, and liabilities (including, without limitation, attorneys’ fees), related to any services, goods, or accommodations which any person other than EGBI may provide or undertake to provide in connection with services rendered, whether or not arising from any negligent act or omission. EGBI is not responsible for any of the Client’s employees’ performance, or lack of, and the Client expressly agrees to waive any claims, demands or actions against EGBI with respect to the goods or services of any third-party consultant and any Vendor or third-party recommendations made by EGBI for services rendered in conjunction with this agreement.
- VENUE AND OFFICIANT RESTRICTIONS
EGBI and its agents, contractors and employees, or other third-party providers, may be limited by the guidelines or rules of local, state, or federal online Business. EGBI understands and agrees that it will abide by such guidelines or rules, and that they are outside of the control of the Organization. Negotiation with third party consultants and providers with respect to modifying the guidelines and restrictions is the sole responsibility of the Client. The Client agrees to hold EGBI harmless for the impact such guidelines or rules may have on its business efforts.
6. LIMITATION OF LIABILITY
The Client agrees that, to the fullest extent permitted by law, the Organization’s sole liability for any claim, breach, or damage by reason of any act or omission shall be limited to repayment of sums paid by the Client. The Client agrees that, to the fullest extent permitted by law, EGBI shall not be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profit, loss of enjoyment, lost revenues and/or replacement costs. EGBI’s employees and agents shall not in any manner be personally liable for any acts or omissions and the Client hereby waives any right to seek relief from any such individuals. EGBI is not responsible for any software defects or imperfect resources purchased at the request of the Client or provided by third party providers that may negatively impact or affect the services contemplated by this agreement or cause any type of injury, and the Client waives any right to pursue any claim or cause of action against EGBI for such.
The Client agrees to indemnify, defend, and hold harmless EGBI and its employees, agents, directors, and independent contractors for any, and against, all claims, injury, property damage, liability, claim or other cause of action arising out of or related to the services provided under this Agreement.
- BREACH; TERMINATION OF AGREEMENT
Any party to this Agreement may terminate the Agreement at any time following the failure of the other party to cure a material breach within ten (10) days of such terminating party’s having given the other party written notice of such breach, or, if the breach is one that cannot be cured within ten (10) days, at any time following the failure of the other party to commence and continue reasonable and good faith efforts to cure such breach in such period of time as is reasonably practicable under the circumstances. If the Client terminates this Agreement pursuant to this provision, EGBI shall retain the full non-refundable Fee identified in this Agreement and all other payments tendered by the Client, and shall be entitled to additional compensation or reimbursement, if applicable, for time spent by EGBI in performance of Services in excess of payments already tendered, calculated based upon the rate of one hundred and twenty-five ($125.00) per hour, or for expenses incurred by EGBI before the effective time of such termination.
- CANCELLATION, DATE CHANGES, CHANGE OF HEART
In the unfortunate event that the Client decides to cancel or terminate this engagement, the Client shall give EGBI at least 10 days written notice via email, facsimile, or US Mail of such cancellation. EGBI shall be entitled to retain the non-refundable Initial Fee identified in this Agreement regardless of when such decision is made, as well as any other payments made by the Client.
10. FORCE MAJEURE
No party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
- PHOTO RELEASE
The Client agrees that EGBI may use any images obtained for its services for display, advertising, website, blog and magazine submissions and any other means of promotion of the Organization. The Client waives any right to payment, royalties, or any other consideration for the use of the images. The Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein the Client’s likeness appears. The Organization is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which the Client, its successors or assigns, representatives, executors, administrators, or any other persons acting on the Organization’s behalf or on behalf of the Client or have or may have by reason of this authorization.
EGBI owns, possesses, or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort and money, both of a technical and business nature, relating to the Organization, including, but not limited to, planning documents, instructional documents, timelines, schematics, checklists, vendor information and the terms of this Agreement, including pricing (herein “Confidential Information”). The Client agrees to use all best efforts to protect EGBI’s interest in Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit or transfer the Confidential Information to any third party without EGBI’s prior written consent. Damages for any disclosure of Confidential Information can range from $750 to $9,500.00 for the loss of the client relationship and potential new client relationship.
- GENERAL PROVISIONS
A. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement. Except as expressly stated in this Agreement, EGBI has made no representation to the Client with respect to the subject matter of this Agreement, and the Organization has made no representation that has induced the Client’s execution and delivery of this Agreement.
B. WAIVER OF CONTRACTUAL RIGHT. No waiver or modification of this Agreement or of any covenant, condition, or limitation contained in this Agreement shall be valid, and no evidence of any such waiver or modification shall be offered or received in evidence in any proceeding between parties that arises out of or affects this Agreement, or the rights or obligations of the parties under this Agreement, unless such waiver or modification is in writing and duly executed by the party to be bound by such waiver or modification.
C. NOTICES. All notices of cancellation/termination must be written and signed by Clients and sent via mail, facsimile, or email to The Organization at: Economic Growth Business Incubator, 1144 Airport Blvd. Suite 260, Austin, Texas 78702.
D. DISPUTE RESOLUTION. Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by The Organization of any unpaid fees from the Client (which may be recovered by The Organization via collections, small claims court action, or any other legal remedy available to The Organization), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement and other rights and remedies afforded to them by law.
Any dispute or claim arising under or in any way related to this Agreement, except for the recovery by The Organization of any unpaid fees from Clients and any disputes within the jurisdiction of the Texas Small Claims Court (claims of $10,000.00 or less), shall be submitted to binding arbitration following the unsuccessful resolution of the dispute or claim by mediation. The parties shall select a single arbitrator, and the arbitration shall take place in Travis County, Texas. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. All costs related to the arbitration, including reasonable attorneys’ fees, shall be borne by the prevailing party.
E. COUNTERPARTS. This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement, and the Agreement shall be binding on each party upon the date of signature, if each party executes such counterpart. Additionally, it is the Client’s responsibility to read this agreement before scheduling an appointment or registering for an EGBI class or workshop. By scheduling an appointment or participating in a workshop, Customer agrees to the terms of this agreement.
F. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
G. CONTROLLING LAW. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Texas, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Travis County, Texas.
H. THE CLIENT ACKNOWLEDGES THAT THE INFORMATION AND SERVICES PROVIDED ARE FOR GENERAL INFORMATION PURPOSES ONLY AND NOTHING CONTAINED IN THIS AGREEMENT CONSTITUTES LEGAL PROFESSIONAL, OR TAX OPINIONS OR ADVICE. NO ONE SHOULD, OR IS ENTITLED TO, RELY IN ANY MANNER ON ANY OF THE INFORMATION PROVIDED BY THE ORGANIZATION. PARTIES SEEKING LEGAL, PROFESSIONAL OR TAX ADVICE SHOULD CONSULT WITH LEGAL COUNSEL OR OTHER PROFESSIONALS FAMILIAR WITH THEIR PARTICULAR CIRCUMSTANCES AND BY PARTICIPATING IN EGBI’S TRAINING, WORSHOPS AND OR BUSINESS COACHING SESSIONS, THE CLIENT CONFIRMS THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE. THE CLIENT FURTHER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF A SERVICE FEE, THE SERVICE FEE IS NONREFUNDABLE.