(Last Revised Feb. 16, 2026)

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE.   THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. 

Welcome: Welcome to Guide, Ground & Grow, LLC’s website (“Site”).  We hope you ("you" or "user") to have a useful and positive experience on our website.  To that end, please read the following  Terms of Use prior to your use of our site as they govern your interaction with our company and our website.  Thank you for visiting us.

Legal Entity: Guide, Ground & Grow, LLC, is a for profit, Indiana, limited liability company which also does business under the names “High Ground Strategic Services” and “Ground and Grow.” ("the Company," "we," "us," or "our").

Location:  Our principal place of operations is Newburgh, Warrick County, IN.

Acceptance of Terms: By using, accessing or viewing (“use” or “using”) this website and its content in any manner, you certify you read and reviewed these Terms of Use,  and you agree to comply with and be bound by them in their entirety and without limitation.  The Company only grants use of and access to this Site, and its products and services to individuals who accept the Terms. If you do not agree to be bound by these Terms, you are prohibited from using any part of the Site and must leave the Site immediately.   

Privacy Policy: These terms include our Privacy Policy.  Before you continue using our Site, please read our privacy policy to understand how we collect and use the data of our Site users. 

Age restriction: You must be at least eighteen (18) years of age to use this Site. By your continued use of this Site, you warrant you are at least eighteen (18) years of age and are able to legally adhere to these Terms. If you are not eighteen years of age or older, please immediately discontinue the use of our Site.  The company assumes no responsibility for liabilities related to age misrepresentation.  

Permitted Use: You may use the Site only for lawful purposes such as, by way of example, not limitation, to learn about our personal development, business advisory, coaching, and training services; to purchase "Provisions" (physical goods); to register for events; and to access brand resources.

Intellectual Property: You agree “Ground & Grow,” “High Ground Strategic Services,” “Guide, Ground & Grow,” "The Well," "The Hearth," "The Guidance," all original text on this Site and all other content, materials, products, and services on or provided through this Site, including but not limited to all copyrights, trade secrets, trademarks, patents, and other intellectual property, are the property of the Company. You also agree you will not reproduce or redistribute the Company’s intellectual property in any manner.

By your use of the Site, you grant the Company royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast any content you upload to or otherwise publish on the Site.  

Brand Integrity: You acknowledge “High Ground Strategic Services” and “Ground & Grow” are distinct service lines under the Company’s umbrella and are each governed by these Terms.

User accounts: As a user of this Site, you may be asked to register with the Company and provide personally identifiable information or other private information.  By creating an account, you are warranting the information you provide to us is complete and accurate to the best of your knowledge.  You are responsible for maintaining the accuracy of any information provided.  Additionally, you are responsible for maintaining the privacy and security of any password or other safeguards for the security of your identifying information. All activities which occur under your account or password, whether authorized by you or not, are your responsibility and must comply with these Terms and all applicable laws. 

If you think there are any issues regarding the security of your account on the Site, inform us immediately so we may address them accordingly.

We reserve the right to terminate any account, edit or remove content, and cancel orders at any time, for any reason at our sole discretion.

Third Party Content.  Our Site may contain third party content or links to third party content.   Any content expressed or made available by third parties are expressly owned by those respective third parties and not our Company.  Our Company neither endorses nor is it responsible for the any of said third-party content.   Neither our Company, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.  

ARBITRATION CLAUSE. The Parties agree any dispute between them regarding your use of the Site, our products, or services or any other matter between us, will be determined, to the extent allowed by law, by submitting it to binding arbitration under the laws of the State of Indiana, rather than by a lawsuit through the court process.

Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.  

(A) SOLE RISK; NO WARRANTIES. YOU EXPRESSLY AGREE USE OF THE SITE IS AT YOUR SOLE RISK.  NEITHER THE COMPANY, ITS SUBSIDIARIES, RELATED ENTITIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE “RELEASEES”) WARRANT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, NOR AS TO THE ACCURACY, COMPLETENESS,   RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR BY THE COMPANY. 

(B) ALL PRODUCTS PROVISED AND/OR SOLD “AS IS.” THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE OR BY THE COMPANY ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

(C) SITE CONTENT NOT PROFESSIONAL ADVICE; NO WARRANTY AS TO ANY SPECIFIC OUTCOME. ALL INFORMATION PROVIDED ON THE SITE OR BY THE RELEASEES IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL, LEGAL, FINANCIAL, OR PSYCOLOGICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF ANY SUCH PROFESSION, NOR DOES IT CREATE ANY SUCH PROFESSIONAL RELEATIONSHIP BETWEEN YOU AND ANY RELEASEE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, OR PSYCOLOGICAL ADVICE, DIAGNOSIS,  TREATMENT, OR PLANNING. THE RELEASEES ARE NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED ON OR THROUGH THE SITE OR BY OR THROUGH RELEASEES. INDIVIDUAL RESULTS AND OUTCOMES VARY, AND THE RELEASEES IN NO WAY WARRANT OR GUARANTEE ANY SPECIFIC OUTCOMES FOR ANY INDIVIDUAL FROM THE USE OF OUR SITE, PRODUCTS, OR SERVICES. 

(D) LIMITATION OF LIABILITY:  TO THE FULLEST EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES SHALLTHE RELEASEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY; PROPERTY DAMAMGE; LOST PROFIT, COST OF SUBSTITUTE GOODS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE RELEASEES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE MONTH PERIOD PRIOR TO THE ARISING OF THE CAUSE OF ACTION AT ISSUE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

RELEASES SHALL NOT BE LIABLE FOR DAMAGES, DELAYS OR FAILURES RESULTING FROM ACTS OR OCCURANCES BEYOND THEIR CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS OR OTHER ACTS OF NATURE, CIVIL UNREST, TERRORISM, ACTS OF ANY GOVERNMENTAL ENTITY, UTILITY FAILURES, THE ACTS OF COMMON CARRIERS OR OTHER THIRD PARTIES, ETC. 

(E) NOT LIABILE FOR UNAUTHORIZED ACCESS OF YOUR INFORMATION.  THE COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THIS DISCLAIMER OF ANY SUCH LIABILITY.  IF YOU DO NOT AGREE TO THIS DISCLAIMER, EXIT THE SITE AND CEASE YOUR USE OF IT. 

(F) TIME LIMIT FORCOMMENCING ACTION; ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE OCCURANCE OF THE EARLIEST OF THE EVENTS AT ISSUE. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. YOU AND WE EACH WAIVE THE RIGHT TO PURSUE ANY DISPUTE, CLAIM, OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM, OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED. 

Indemnification. You agree to defend, indemnify and hold harmless the Releasees from and against any and all loss, damage, liability, claims, demands, and expenses, including reasonable attorneys’ fees and expenses, made by a third party and arising out of: 1) use of the Site by you or your Account, whether or not such use is authorized by you; 2) breach of these terms; 3) your breach of the rights of any third party; and/or 4) any overt, harmful act directed toward any other user of the Site.   Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

Waiver of Jury Trial. To the extent permitted by law, the Parties waive any right to a jury trial to resolve any dispute between them.  

System Requirements. We may change or cease support of any hardware or software platforms or versions at any time. You are responsible for maintaining all connectivity to our Site, software, hardware, and any other equipment needed to access and use our Site.

Termination.  We reserve the right to terminate at any time, for any reason, and without notice the Site or any part thereof, your account on the Site, and/or any product or service provided through the site.

Governing Law.  Any and all disputes, claims, and controversies arising out of or in connection with your 1) access to and/or use of the Site; 2) provision of content; 3) purchase of products, or our provision of products, services, and/or technology on or through the Site shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to conflict of laws provisions.  Any dispute not subject to arbitration under these Terms shall be brought in the appropriate court located in Warrick County, Indiana. By your use of this Site, you irrevocably consent to the exclusive jurisdiction and venue of courts in Warrick County, Indiana for the adjudication of all non-arbitral claims. 

If you access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States trade and other federal rules and regulations restricting exports. 

Headings, Gender and Number.  Headings and titles within these Terms are informational only.  Masculine words include feminine and neuter meanings.  Singular words include plural meanings, and plural words include singular meanings.

Severability. In the event any provision of these Terms is determined to be void or unenforceable, such determination shall not affect the remainder of these Terms, which shall continue in force.

Successors and Assigns.  These Terms shall extend to and be binding upon the respective heirs, devisees, personal representatives, successors and assigns of the Parties.

Changes. The Company may modify these Terms and/or the Site, in whole or in part, or add or remove any part thereof at any time.  All modifications will be effective immediately upon posting. Your continued use of our Site after said posting constitutes acceptance by you of said modifications.

Contact Us

For questions regarding these Terms, please contact us at:

Guide, Ground & Grow, LLC

Email: hello@groundngrow.co

Location: Newburgh, IN 47630

Legal Entity: Guide, Ground & Grow, LLC

DBAs: High Ground Strategic Services | Ground & Grow

Location: Newburgh, Warrick County, IN

Effective Date: October 1, 2025

1. Introduction

Guide, Ground & Grow, LLC ("the Company," "we," "us," or "our") is committed to protecting the privacy of our website visitors and clients across all our brands, including High Ground Strategic Services and Ground & Grow. This Privacy Policy describes how we collect, use, and disclose personal information that we obtain through our websites (the "Site").

2. Information We Collect

• a. Personal Information: We may collect personal information that you voluntarily provide to us, such as:

  • Contact Information: Name, email address, phone number, mailing address, and company name.

  • Inquiry & Consultation Information: Information you provide when requesting a "Briefing," a strategy session, or navigating "The Guidance" pillar.

  • Event & Workshop Information: Information provided when registering for gatherings at "The Hearth" or other training events.

  • Purchase Information: Billing and shipping details when you secure items from "The Well" (The Sanctuary Set, etc.).

• b. Automatically Collected Information: We may automatically collect usage data such as IP address, browser type, and pages visited to help us improve the functionality and "Safe Harbor" experience of our Site.

3. How We Use Your Information

We use your information to facilitate your journey with us, specifically:

• To Provide Services: Responding to inquiries, providing 1:1 coaching, and fulfilling orders for "Provisions."

• To Communicate: Sending "Notes from the Field / Reflections from the Well" and other strategic updates.

• To Administer Events: Managing registrations for workshops and community gatherings.

• To Improve the Infrastructure: Analyzing site usage to ensure our digital sanctuary is intuitive and helpful.

4. Disclosure of Your Information

We do not sell your data. We only share information with:

• Service Providers: Trusted partners who assist with website hosting, email delivery (e.g., your newsletter platform), and payment processing (e.g., Stripe/Shopify).

• Legal Authorities: Only if required by law or to protect the safety and rights of Guide, Ground & Grow, LLC and our clients.

5. Your Privacy Choices

• Reflections/Marketing: You can opt-out of our monthly reflections at any time by clicking "unsubscribe" in the footer of the email.

• Cookies: You can set your browser to refuse cookies, though some parts of the Site may not function perfectly without them.

6. Data Security

We implement high-fidelity security measures to protect your information. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

7. Children’s Privacy

Our Site is designed for adults and high-performing professionals. We do not knowingly collect information from children under 18.

8. Changes to This Policy

We may update this policy to reflect changes in our "Provisions" or services. We will update the "Effective Date" at the top of this page accordingly.

9. Contact Us

If you have questions about this Privacy Policy or how your data is handled across our brands, please contact us: Guide, Ground & Grow, LLC Email: hello@groundngrow.co

This Agreement for the Purchase and Sale of Goods (this “Agreement”) is made effective upon acceptance of the Terms & Conditions at the time and date of purchase (the “Effective Date”) between Guide, Ground & Grow, LLC, d/b/a Ground & Grow, an Indiana limited liability company (said LLC and its members, officers, agents, employees, successors, licensees, and assigns, hereinafter collectively, “Seller”), and (“Buyer”).  Seller and Buyer are sometimes referred to herein, individually as a “Party” and, collectively, as the “Parties.”

NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally abound, hereby agree as follows:

AGREEMENT

1.              Purchase and Sale of Provisions.  Buyer agrees to purchase and accept from Seller, and Seller agrees to sell, transfer and convey to Buyer, the products and services listed on the attached Guide & Grow receipt (the “Provisions”), subject to the terms and conditions of this Agreement.

2.              Purchase Price; Terms of Payment; Taxes.

2.1           Purchase Price.  Buyer shall pay to Seller the purchase price, plus all applicable taxes, for the Provisions as listed on the attached receipt (the “Purchase Price”).

2.2           Shipping Expenses. Buyer shall pay all shipping expenses necessary to deliver the provisions to Buyer.

2.3           Payment.  Payment for the Provisions shall be due upon Buyer’s placement of the order for the Provisions.

3.              Delivery; Cancellation; Risk of Loss.

3.1           Availability.  All Buyer orders and deliveries of Provisions shall be subject to availability, and  Seller reserves the right to delay or alter deliveries as a result of said availability.  In the event of any such change, Seller shall notify Buyer thereof within a reasonable amount of time.

3.2           Delivery. Seller shall submit Provisions ordered by Buyer to a third-party common carrier (“Carrier”) for delivery to Buyer.  Said submission shall be within a reasonable time, but not more than fourteen (14) business days after receipt by Buyer of the Purchase Price.

3.3           Cancellation.  Buyer may cancel any order of Provisions within twenty-four (24) hours of placing said order by contacting Seller at hello@groundngrow.co .

3.4           Risk of Loss. Seller’s liability for any damage to the Provisions shall end upon Seller’s submission of the Provisions to the Carrier.

4.              Returns. Buyer may return unused and unopened Provisions within 30 days of their receipt by Buyer.  Return shipping expenses shall be the sole responsibility of the Buyer.  Returned items must be received by Seller in their original packaging and in "new" condition.  Upon Seller’s satisfactory receipt of the returned Provisions, Seller shall issue a refund of the purchase price of the returned Provisions to the Buyer; however, the original shipping expenses paid by the Buyer are nonrefundable.

5.              Damaged Goods.  If a Provision arrives damaged (e.g., a broken Core Cup), Buyer must contact Seller within forty-eight (48) hours of Buyer’s receipt of the damaged item at hello@groundngrow.co with a photo of the damage.  Upon receipt of Buyer’s request, photo, and any other documentation requested by Seller, Seller may, at Seller’s discretion, send Buyer a replacement item at no additional cost to Buyer.  While Seller will use its best efforts, any such replacement item may or may not match the originally purchased item exactly.

6.              PROVISIONS SOLD “AS-IS”. ANY OTHER SECTION OF THIS AGREEMENT NOTWITHSTANDING, ALL PROVISIONS ARE SOLD BY BUYER ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.              LIMITATION OF LIABILITY AND DAMAGES:  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT AND TO THE FULLEST EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY; PROPERTY DAMAMGE; LOST PROFIT, COST OF SUBSTITUTE GOODS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM BUYER’S PURCHASE OR USE OF PROVISIONS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE SELLER’S LIABILITY TO BUYER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PURCHASE PRICE OF THE PROVISIONS.

SELLER SHALL NOT BE LIABLE FOR DAMAGES, DELAYS, OR FAILURES RESULTING FROM ACTS OR OCCURANCES BEYOND SELLER’S CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS OR OTHER ACTS OF NATURE, CIVIL UNREST, TERRORISM, ACTS OF ANY GOVERNMENTAL ENTITY, UTILITY FAILURES, THE ACTS OF COMMON CARRIERS OR OTHER THIRD PARTIES, ETC.

8.              LIMITATION OF THIRD PARTY CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT RUN ONLY TO EACH OTHER AND NOT TO ANY OTHER PERSON OR ENTITY.  SELLER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD PARTY INFORMATION OR PRODUCTS INCORPORATED INTO THE PROVISIONS, ALL OF WHICH ARE PROVIDED, SOLD OR LICENSED “AS-IS,” AND THE BUYER AGREES TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE THIRD PARTY RELATING THERETO.

9.              Buyer’s Representations and Warranties; Compliance with Laws.  Buyer shall comply with all relevant laws and notices affecting its use of the Provisions.  Buyer shall at all times use, maintain, repair, and store the Provisions only in accordance with said laws and notices.  Seller shall not be responsible for any damages, costs, expenses, or other liabilities resulting from Buyer’s breach of this Agreement, including without limitation, Buyer’s failure to use, maintain, repair, or store the Provisions in accordance with said laws and notices.  

10.            Modification; Waiver.  No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto.  No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver.  No waiver will be binding unless executed in writing by the party making the waiver.

11.           Headings; Pronouns.  Headings and titles within this Agreement are informational only.  Masculine words include feminine and neuter meanings.  Singular words include plural meanings, and plural words include singular meanings.

12.           Severability. In the event any provision of this Agreement is determined to be void or unenforceable, such determination shall not affect the remainder of this Agreement, which shall continue in force.

13.           Successors and Assigns.  No party hereto shall assign or delegate this Agreement or any rights or obligations hereunder without the prior written consent of the other party. This Agreement shall extend to and be binding upon the respective heirs, devisees, personal representatives, successors and assigns of the parties hereto.

14.           Entire Agreement. This Agreement contains the entire agreement between the parties hereto, and supersedes all prior oral or written agreements, commitments and understandings with respect to the matters provided for herein.

15.           Governing Law and Jurisdiction.  This Agreement shall be construed, interpreted and governed in all respects by the laws of the State of Indiana.  The parties agree any suit, action, or proceeding with respect to this Agreement shall be brought within the State of Indiana and do hereby consent to personal jurisdiction in the State of Indiana and waive any questions of personal jurisdiction or venue for the purpose of carrying out this provision.

16.           Binding Effect.  All the terms, covenants and conditions of this Agreement shall extend to and be binding upon the parties hereto and their respective heirs, devisees, personal representatives, successors, and assigns.

THIS COACHING AGREEMENT (the "Agreement") is made and entered into as of the date of purchase (the "Effective Date") by and between Guide, Ground & Grow, LLC, d/b/a Ground & Grow, an Indiana limited liability company and the Client (the individual or entity purchasing coaching services through the website).

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

Coaching Services.

A.   Coaching Period; Completion Window.

1.     Original Term. The original term of this Coaching relationship shall begin on the date of digital purchase and end on the date calculated based on the specific duration defined in the Product Description (e.g., "Roadmap" or "Bearings" session) selected by the Client at the time of purchase (the "Coaching Period").

2.     Grace Period.  Parties acknowledge their intent to complete all anticipated coaching Services within the Coaching Period.  That intent notwithstanding, the Parties also acknowledge unexpected events and timing conflicts may arise during the Coaching Period.  Parties, by mutual written consent, may agree to an extension of time equal to an additional fifty percent (50%) of the original term of the Coaching Period. 

(The Coaching Period and any agreed to grace period, collectively, the “ Completion Window.”)

1.     Coaching Services. Coach shall consult with and advise Client as to those matters as to which Coach's experience and expertise would be useful and valuable, as specified in the Product Description at checkout and limited to the number and duration of sessions as specified in the Product Description at checkout.

B.    Performance of Services.

1.     Manner of Work controlled by Coach.  The manner in which Services are to be performed and the specific hours to be worked by Coach shall be determined by Coach. 

2.     Hours. Services shall be rendered by Coach to Client during normal business hours of 8 am to 5 pm CST on a schedule agreed to by the partes in advance, or as otherwise mutually agreed, subject to Coach’s availability.

3.     Cooperation and Responsibility.  Client and Coach agree successful completion of the Services depends on the honesty, cooperation, diligence, and understanding of the Coach and Client.  The parties agree to reasonably and actively cooperate with each other in carrying out the Services.  Coach shall not be responsible for damage, loss or any other consequences of any failure by the Client to provide full and accurate information, complete assigned tasks, or otherwise  fully engage in the process.

Scheduling; Forfeiture of Sessions.  The Parties acknowledge the Services shall include an agreed upon number of coaching sessions as described above. 

A.    Notice of Change.  Client shall provide Coach at least twenty-four business-hours advance notice prior to cancelling or attempting to reschedule a previously scheduled coaching session.

B.    Failure to Give Notice; Forfeiture of Coaching Session. Any coaching session cancelled or which the Client attempts to reschedule without at least twenty-four business-hours advance notice shall be considered forfeit by Client; the session shall be deducted from Client’s total coaching session balance; and Client shall not be entitled to a refund for any portion of the Purchase Price allocable to said forfeit session.      

Independent Contractor.  Coach shall at all times be an independent contractor, rather than an  agent, employee, partner, or other representative of Client.  In performing Services for Client hereunder, Coach shall: 1) have no formal schedule of duties or assignments other than as reasonably agreed to by Coach; 2) not be subject to control or supervision by Client; 3) work on an irregular basis; and 4) perform Services at such locations as Coach shall reasonably determine.

Payment.  In consideration for Coach's agreement to perform the Services set forth herein Client shall pay the flat fee displayed at checkout in full upon execution of this Agreement.

(All payment for Services by Client to Coach under this Agreement, “Purchase Price.”)

Expiration of Services; Refunds. Coach will provide no refunds for Services already provided.  Coach may, but is not required to, at Coach’s discretion, refund amounts prepaid for Services yet to be provided at the time of the refund request.

A.    Expiration of Services.  All services purchased by Client and any rights Client may have in said Services, shall expire at the end of the Completion Window.

B.    Refunds.

1.     Unused Services.  Client shall receive no refund for any portion of the Purchase Price allocable to any coaching session or other Services unused by the Client at the end of the Completion Window.

2.     Lack of Notice.  Client shall receive no refund for Services missed, for which Client is a “no-show,” or for scheduled Services for which the Client otherwise does not give adequate notice as described above. 

3.     Termination of Services.  Upon either part giving notice to the other of their intent to terminate the agreement for Coach to provide Services to Client, Client shall be entitled to a refund of the portion of the Purchase Price  allocable to any unused Services.     

4.     Deduction for Physical Products. In the event of a refund for terminated or unused Services, the full retail purchase price of any physical products provided to the Client as part of the Service package shall be deducted from the total refund amount. Physical products are non-refundable and are retained by the Client.

Recording of Services.  Coach may, with Cient’s prior consent and knowledge, record coaching sessions or the provision of other Services.

A.    CONSENT. By signing below, Client irrevocably consents to Coach taking and using photographs, video, sound recordings, or any other media memorialization (collectively, “Media”) of Client during the performance of coaching sessions and other Services.     Client hereby acknowledges this consent is a voluntary and free act and shall continue into perpetuity.  Coach agrees all Media will be used by Coach only for internal educational, institutional, scientific, and informational purposes. Said Media shall not be shared by Coach with Coach’s other clients; in external advertising; on Coach’s website, social media platforms or by other electronic means; with any third party, or otherwise in any public manner or for any commercial purpose other than Coach’s provision of Services to the Client.

B.    Client Access and Use. Client, at the discretion of Coach, may have non-exclusive access to view or listen to the Media for Client’s personal, private, and noncommercial use.  Client is absolutely prohibited from sharing Media with third parties, on Client’s or anyone else’s website, social media platforms or by other electronic means; or otherwise in any public manner or for any commercial purpose.

C.     Ownership. All Media shall be the sole property of Coach.

Termination of Agreement to Provide Services.  The agreement between the parties for Coach to provide Services to Client may be terminated by either party for any reason upon the terminating party giving the other party at least forty-eight hours advance notice. 

Intellectual Property. Client agrees “Ground & Grow,” “High Ground Strategic Services,” “Guide, Ground & Grow,” "The Well," "The Hearth," "The Guidance," Media produced during the provision of Services, and all other content, materials, products, and services provided by Coach or related to Coach’s provision of Services to Client, including but not limited to all copyrights, trade secrets, trademarks, patents, and other intellectual property, are the property of Coach. Client agrees not reproduce or distribute Coach’s intellectual property in any manner.

NO WARRANTY AS TO ANY SPECIFIC OUTCOME.  INDIVIDUAL RESULTS AND OUTCOMES OF COACHING SERVICES VARY, AND COACH, ITS AGENTS AND ASSIGNS, IN NO WAY WARRANT OR GUARANTEE ANY SPECIFIC OUTCOMES FOR ANY INDIVIDUAL OR ENTITY AS A RESULT OF THE PROVISION OF SERVICES.

LIMITATION OF LIABILITY AND INDEMNITY:  TO THE FULLEST EXTENT OF THE LAW, UNDER NO CIRCUMSTANCES SHALLCOACHBE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY; PROPERTY DAMAMGE; LOST PROFIT, COST OF SUBSTITUTE GOODS, LOST REVENUE, LOSS OF GOODWILL, WORK STOPPAGE, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM COACH’s PROVISION OF SERVICES TO CLIENT.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, COACH’S LIABILITY TO CLIENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PURCHASE PRICE.  

COACH SHALL NOT BE LIABLE FOR DAMAGES, DELAYS OR FAILURES RESULTING FROM ACTS OR OCCURANCES BEYOND THEIR CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL DISASTERS OR OTHER ACTS OF NATURE, CIVIL UNREST, TERRORISM, ACTS OF ANY GOVERNMENTAL ENTITY, UTILITY FAILURES, THE ACTS OF COMMON CARRIERS OR OTHER THIRD PARTIES, ETC.

SERVICES DO NOT CONSTITUTE PROFESSIONAL ADVICE. NO PORTION OF ANY COACHING SESSION OR OTHER SERVICES IS INTENDED TO CONVEY MEDICAL, LEGAL, FINANCIAL, OR PSYCOLOGICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF ANY SUCH PROFESSION, NOR DOES IT CREATE ANY SUCH PROFESSIONAL RELEATIONSHIP BETWEEN CLIENT AND COACH. CLIENT SHOULD NOT RELY ANY PORTION OF THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, OR PSYCOLOGICAL ADVICE, DIAGNOSIS,  TREATMENT, OR PLANNING. COACH IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON CLIENT’S PART BASED ON ANY PART OF THE PROVISION OF SERVICES.

Confidentiality. Except as is otherwise expressly authorized by all parties to this Agreement in writing, each  party to this Agreement agrees not to use or disclose any confidential or proprietary information, including but not limited to Media, of any other party to this Agreement obtained during or through the coaching process under this Agreement or in any way related to the provision of Services under this Agreement; however, this paragraph shall not preclude a party from use or disclosure of information known generally to the public or from disclosure required by law or court order.

Notices.  Any notice, request, or other document to be given hereunder to any of the parties by any other party shall be in writing and shall be personally delivered or sent by prepaid same day or over night courier or certified mail, return receipt requested, postage prepaid, addressed as follows (or addressed to such other addresses as shall be given in writing by any party to the others):

            To Client’s email address on file.     

            To Coach’s email address on file.

Modification; Waiver.  No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties hereto.  No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver.  No waiver will be binding unless executed in writing by the party making the waiver.

Headings; Pronouns.  Headings and titles within this Agreement are informational only.  Masculine words include feminine and neuter meanings.  Singular words include plural meanings, and plural words include singular meanings.

Severability. In the event any provision of this Agreement is determined to be void or unenforceable, such determination shall not affect the remainder of this Agreement, which shall continue in force.

Successors and Assigns.  No party hereto shall assign or delegate this Agreement or any rights or obligations hereunder without the prior written consent of the other party. This Agreement shall extend to and be binding upon the respective heirs, devisees, personal representatives, successors and assigns of the parties hereto.

Entire Agreement. This Agreement contains the entire agreement between the parties hereto, and supersedes all prior oral or written agreements, commitments and understandings with respect to the matters provided for herein, and no amendment or modification hereof shall be binding upon any party hereto unless set forth in writing and duly executed by all of the parties hereto.

Governing Law and Jurisdiction.  This Agreement shall be construed, interpreted and governed in all respects by the laws of the State of Indiana.  The parties agree any suit, action, or proceeding with respect to this Agreement shall be brought within the State of Indiana and do hereby consent to personal jurisdiction in the State of Indiana and waive any questions of personal jurisdiction or venue for the purpose of carrying out this provision.

Binding Effect.  All the terms, covenants and conditions of this Agreement shall extend to and be binding upon the parties hereto and their respective heirs, devisees, personal representatives, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first above written.