Terms of Service

HIGH PERFORMANCE WEEKEND

THIS AGREEMENT (the “Agreement”), effective on date of initial payment, is hereby entered into by and between _____YOU_________ , (the “Client”) whose address is: _____________________________ and Go Beyond Great LLC / James Simpson. The Client and Go Beyond Great LLC/James Simpson (the “Parties”) agree as follows:

1. SERVICES

Go Beyond Great LLC is in the business of providing Business Coaching Consulting services, and the Client wishes to attend High Performance Weekend (the “Services”). The Client hereby agrees to engage James Simpson for it's Coaching & consulting services program hereby made a part of this Agreement as “Attachment A”.

2. TERM

Unless the Parties enter into the Addendum attached hereto or separately agree in writing, this Agreement will commence on the effective date first set forth above and will continue for the period of length of the event (the “Initial Term”) from the date hereof.

3. COMPENSATION AND PAYMENT

If the client pays for the entire Initial Term of the engagement in full at the start of the project, the client will pay ___$invoiced amount_____ for the engagement upon execution of this Agreement. If the client prefers to pay for the Initial Term in monthly installments, Client will pay a ___$0________ enrollment fee, ____$invoiced amount____ upon execution of this Agreement and then ____$invoiced amount___recurring monthly from the date hereof for a total of ___$invoiced amount____. All amounts payable pursuant to this Agreement are exclusive of taxes. It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes. Client has the option of enrolling in the auto draft payment system using Appendix I.1 for checking accounts or Appendix I.2 for credit cards.

4.TERMINATION

Unless either Party terminates for a material breach by the other Party as provided herein, this Agreement may not be terminated prior to the Initial Term above by either party. Under no circumstances will James Simpson be obligated to provide any refunds of the amounts paid for the Coaching & Services hereunder. During the Initial Term and any additional term agreed to in the Addendum or otherwise, Client agrees to (a) provide thirty (30) days written notice to Go Beyond Great LLC / James Simpson of a request to cancel Services, (b) pay an early termination fee equal to three (3) months of Service, and/or (c) agree to pay any and all outstanding balances for Coaching & Coaching & Services rendered immediately. All live events are non refundable. Client understands that upon an early termination of this Agreement, James Simpson reserves the right to stop all work immediately. This Agreement and any work assignment in progress may be terminated by James Simpson at any time without prior written notice to Client in the event that: (a) Client fails to meet the terms and or conditions of this Agreement; (b) Client defaults on payment as set forth in Section 3.

5. REFUND POLICY

All services and programs are non-refundable. No exceptions

6. CLIENT AGREEMENTS & OWNERSHIP OF MATERIALS

Basic metrics on what is currently working in Client’s business. (NOTE: We will be working to optimize your current beliefs, mindset, systems and processes, so its best if we have benchmarks to work from.) All materials, data and similar items, produced by James Simpson hereunder in connection with the Coaching & Services shall be, at all times, the sole property of The Client. All services and used by Go Beyond Great LLC | James Simpson shall at all times be the sole property of Client.

7. NON-INTERFERENCE

The Parties agree that, unless otherwise agreed to by the Parties in writing, during the performance of any Services hereunder and for a period of two (2) years after termination of such Software and Services, Client shall not solicit, entice, encourage or induce (hereinafter collectively “solicit”) any person who at any time during the Initial Term or Term of this Agreement shall have been an employee, staff, consultant, temporary personnel or technical personnel of Go Beyond Great LLC | James Simpson to cease being an employee, staff, consultant, temporary personnel, technical personnel or independent contractor of James Simpson and to become employed by or associated with any person, firm or corporation other than Go Beyond Great LLC | James Simpson, and Client shall not approach any such employee, consultant or contractor for such purpose or authorize or knowingly approve the taking of such actions by any other person, firm or corporation or assist any person, firm or corporation in taking such action. In the event that Client breaches the covenants contained in this Section 10, Client agrees to pay to James Simpson an amount equal to two times the annual salary (or annualized contract payments) of each employee or contractor as liquidated damages and agrees that such amount is a reasonable estimate of the cost and expense to Go Beyond Great LLC | James Simpson to retain new personnel.

8. NON-DISCLOSURE

Client agrees that any and all proprietary information obtained from Go Beyond Great LLC | James Simpson, including Coaching & Services used to carry out the terms of this Agreement, the methods in which products and Services are implemented, information about inventions, designs, methods, systems, improvements, and any other proprietary and confidential matters gained as a result of this Agreement will be considered strictly confidential and shall not be used by or directly or indirectly disclosed by Client to any person or persons without prior written permission from Go Beyond Great LLC | James Simpson. Except as set forth in the last sentence hereof, James Simpson agrees that any and all proprietary information which may be obtained by James Simpson from Client, its employees or consultants, including information about inventions, designs, methods, systems, improvements, and other private matters gained while on the premises will be regarded as strictly confidential and shall not be directly or indirectly used by or disclosed by Go Beyond Great LLC | James Simpson to any person or persons (other than Go Beyond Great LLC | James Simpson employees or vendors with a need to know solely for the purposes of this Agreement) without Client’s prior written permission. Notwithstanding the foregoing, Go Beyond Great LLC | James Simpson shall be entitled to use Client’s name and results from the Services in any and all marketing materials utilized by Go Beyond Great LLC | James Simpson to market its Services.

9. LIABILITY LIMITATIONS

Except for bodily injury, Go Beyond Great LLC | James Simpson TOTAL LIABILITY AND CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF THE PERFORMANCE OF IAJS UNDER THIS AGREEMENT AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE), AND INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, LOST REVENUES, LOST OR CORRUPTED DATA, LOST USE, OR PUNITIVE DAMAGES AND ANY OF CLIENT'S CLAIMS OF CONTRIBUTION AND INDEMNIFICATION RELATED TO THIRD PARTY CLAIMS ARISING OUT OF

SERVICES RENDERED BY JAMES SIMPSON, AND FOR ANY LOSSES, INJURY OR DAMAGES TO PERSONS OR PROPERTIES IN CONNECTION WITH THIS AGREEMENT, SHALL BE LIMITED TO THE PAYMENTS RECEIVED BY Go Beyond Great LLC | James Simpson FROM CLIENT HEREUNDER DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Client agrees that it will not allege that this remedy fails of its essential purpose.

10. WARRANTY MATTERS

Go Beyond Great LLC | James Simpson warrants that its Services shall be delivered and performed consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY Go Beyond Great LLC CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE

11. SEVERABILITY

If any provision of this Agreement is deemed as unenforceable or invalid under any applicable law or is so determined by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decision.

12. FORCE MAJEURE

Other than with respect to payment obligations hereunder, if either party is unable to perform any of its obligations under this Agreement because of a natural disaster, actions or decrees of governmental bodies, communications line failure not the fault of the affected party, or other events beyond the reasonable control of the affected party (a “Force Majeure Event”), the party who has been so affected will immediately give notice to the other party and will do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement will be immediately suspended for the duration of the Force Majeure event.

13. INDEMNIFICATION

Each Party shall indemnify, save, defend, and hold the other Party, and their respective officers, directors, shareholders, managers, members, employees and agents, harmless from and against all claims, liabilities, demands, causes of action, losses, damages, taxes, penalties, liens, costs, and expenses, including but not limited to interest, penalties, court costs, and attorneys'

fees, incurred by the other Party (collectively, "Liabilities") in connection with any (a) material breach of any of the terms of this Agreement by the indemnifying party, or (b) act, omission, or misrepresentation of the indemnifying party, unless such Liabilities are caused by the gross negligence or intentional torts of the other Party

14.MISCELLANEOUS

This Agreement, along with the Addendum if entered into, shall be governed by the laws of the State of North Carolina, without regard to the conflict of laws provisions thereof. It constitutes the entire Agreement between Client and James Simpson for the Services.

A good faith (realistic) effort must be made by both parties to rectify disputes regarding service prior to pursuit of other avenues of resolution including but not limited to litigation. Failure to exercise this good faith effort and document the same by a party shall result in that party's losing the right to have attorney's fees and costs awarded to them in the event that they were successful in such dispute. Following use of such efforts, any controversy, dispute or claim arising out of or related to this Agreement or breach of this Agreement shall be settled solely by confidential binding arbitration by a single arbitrator in accordance with the commercial arbitration rules of Go Beyond Great LLC | James Simpson in effect at the time the arbitration commences. The award of the arbitrator shall be final and binding. Except as otherwise provided in the prior paragraph, the arbitrator shall also award to the prevailing party in the arbitration (as determined by the arbitrator) reasonable legal fees, expert witness fees, and related costs of the prevailing party. The arbitration shall be held in Concord, North Carolina.

No action, regardless of form, arising out of this Agreement, may be brought by either party more than two (2) years from the last date of payment.

This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective transferees, successors, assigns and heirs, unless otherwise specifically provided herein

The warranties, representations and covenants of each of the parties hereto shall be true and correct as of the date of this Agreement and shall survive the date of the within Agreement.

If any party brings any action or proceeding to enforce, protect or establish any right or remedy under this Agreement or with respect to the transaction contemplated hereby, the prevailing party shall be entitled to recover actual attorney’s fees and costs.