Terms & Conditions of Enrollment

TERMS OF ENROLLMENT

IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING HTTPS://THEPERFECTPRACTICE.NET OR ASSOCIATED LANDING PAGES (COLLECTIVELY THE “WEBSITE”) OR USING THE PERFECT PRACTICE’S PROPRIETARY MATERIAL AND CONFIDENTIAL INFORMATION (AS DEFINED HEREIN), WHICH INCLUDES BUT IS NOT LIMITED TO ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR SESSIONS OR WEBINARS ASSOCIATED WITH THE SERVICES (AS DEFINED HEREIN). BY ACCESSING AND SIGNING UP FOR THE SERVICES THE STUDENT (AS DEFINED HEREIN) ACKNOWLEDGES THE FOLLOWING:

1. THE STUDENT HAS READ THE AGREEMENT;
2. THE STUDENT UNDERSTANDS THIS AGREEMENT; AND
3. THE STUDENT ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND COVENANTS OF THIS AGREEMENT.

IF THE STUDENT DOES NOT AGREE, DOES NOT UNDERSTAND, OR DOES NOT ACCEPT THIS AGREEMENT, THE STUDENT SHALL NOT ACCESS THE MATERIALS PROVIDED WITH THE SERVICES, INCLUDING ANY CONFIDENTIAL INFORMATION OR PROPRIETARY MATERIALS,  CEASE USE OF THE WEBSITE AND CONTACT US IMMEDIATELY AT SUPPORT@THEPERFECTPRACTICE.NET.

The Perfect Practice is engaged in the business of marketing, organizational techniques and best practices as it relates to the financial services industry and the practices of financial advisors located across the world. The Perfect Practice is a trade name of Forster Financial Services Inc., a corporation duly incorporated under the laws of Alberta. This Agreement is between the Student (as defined herein) and the Perfect Practice.

The Perfect Practice is not a recruitment company and does not offer financial advice. As further described herein, The Perfect Practice offers coaching services for financial advisors and professionals.

Wesley Forster (the “Coach”) offers a variety of services delivered through Courses (as defined herein) to financial advisors and professionals from around the world. In some cases, the Coach will utilize other coaches (“Associate Coaches”) to assist in administering the services.

By signing up for the services offered on the Website, the Student agrees to engage The Perfect Practice to provide professional coaching in the areas of business marketing, organizational techniques and best practices for the financial services industry in the form of webinars, seminars, and audio visual presentations on the terms set out herein (the “Agreement”).

1. Definitions
   a) “Confidential Information” refers to any and all information, material, and data furnished or disclosed to the Student by the Coach, directly or indirectly, orally or in written form, and includes but is not limited to ideas, trade secrets, intellectual property information, formulas, processes, materials, data, products, samples, trademarks, and market research.
   b) “Course” means any paid coaching services or products that are offered through the Website or associated landing pages.
   c) The Student agrees and understands that the Coach may utilize Associate Coaches to facilitate the Services and administer Courses. Further,  the Student agrees and understands that The Perfect Practice, in accordance with The Perfect Practice privacy policy, may utilize text messaging and AI Reps in connection to its Services and Courses.
   d) “Term” means the duration of the Course.
2. Services
   a) The Student agrees to engage the Coach to provide professional coaching regarding growing the Student’s financial planning and financial advising business which includes, but is not limited to, the dissemination of Confidential Information (the “Services”). The Services will take place via telephone or video conferencing platforms such as Zoom and Skool (the “Virtual Classroom”). Student access to the Services, the paid content on the Website and the Virtual Classroom is conditional on the payment of the fees set out in Section 3.
   b) For clarity, the Student will access the Services in a variety of ways, such as logging into their account on the Website or accessing the Virtual Classroom. Following the completion of a Course, the Student may be granted continued access to course materials at the Coach’s discretion, so long as those materials remain hosted on the Website or Virtual Classroom.
   c) The Student agrees and understands that the Coach may utilize Associate Coaches to facilitate the Services and administer Courses.
   d) The length of the Services is as set out in the offering for the Course, unless terminated earlier pursuant to these Terms of Enrollment or varied in writing by the Coach and the Student.
   e) Subject to the terms of this Agreement, the Student agrees to engage the Coach to provide the Services and the Coach agrees to perform and provide the Services. For the purposes of clarity, the Coach shall carry out the Services and any incidental services, functions, or responsibilities not specifically identified and described in Section 2, but which are customarily required for the proper performance and provision of these services and which the parties, acting reasonably, would have considered incidental to the proper performance of the Services.
   f) The Student will endeavor to conduct themselves respectfully and professionally in receiving the Services, participating in Courses and interacting with the Coach, Associate Coaches, or other students. Disrespectful or unprofessional conduct may result in the Student being removed from a coaching session or the termination of this Agreement.
   g) In the event that the Student misses or is unable to attend a coaching session, the Coach will endeavour to provide the Student with a recording of the coaching session, if available. Services and coaching sessions cannot be rescheduled.
   h) Subject to the Coach’s availability and to a pre-determined fee, one-on-one coaching sessions can be arranged on an individual basis at the Coach’s discretion.
   i) The Student herby agrees and acknowledges that the Services are for their exclusive use only. Further, the Student acknowledges and agrees that the Confidential Information, including but not limited to recordings of coaching sessions or material, shall not be distributed or shared to any other person or entity, including but not limited to co-workers, colleagues, and teammates. For clarity, if the Student shares an office or is part of a larger firm or practice, the Services are solely for the Student alone and such Services shall not be conducted with the co-worker, colleague, or teammate present unless such person is also a Student of the Course and has paid the associated fees for such Service on their own individual basis. Multi-advisor or group rates shall be discussed and agreed upon by the parties prior to providing the Services.
   j) The Student agrees to commit to faithfully execute and participate in the Services, including but not limited to participation in the Virtual Classroom, all lessons, webinars, sessions, and course work, as required by the Services. The Student further acknowledges that the Student is fully responsible for their own success.
3. Fees
   a) The Student agrees to pay the Coach a fee for the Services provided by the Coach under the Agreement. All fees are due prior to the commencement of the Services. Payment of the fees will provide the Student access to the Services for the duration of the Course that they have signed up for.
   b) Unless otherwise stated, all prices for Services and Courses are in United States Dollars (USD).
   c) By paying the fees associated with a Course, the Student will have access to the Services administered through the Website and the Virtual Classroom pursuant to these Terms of Enrollment and Section 2.
   d) Subject to prior written agreement by the Coach and the Student, the Student shall be responsible for the payment amounts on the payment dates outlined in the initial offering of the Course.
   e) By entering into this Agreement, the Student hereby waives their right to seek or claim a refund of the fees for the Services except as provided herein or provided by the Course offering. Provided the Student has paid for a Course and cancels at least 24 hours before the Course is scheduled to begin, the Coach will refund the Student for the full amount of the Course or provide the Student with a credit for another Course, at the Student’s election.
   f) The Student hereby agrees and acknowledges that the Coach may provide referrals to strategic partners, including but not limited to accountants, lawyers, and other marketing professionals, (collectively, the “Strategic Partner(s)”) and any such professional fees, including but not limited to legal fees, disbursements, retainer fees or fees for services provided by the Strategic Partners, will be charged to the Student separately directly by the Strategic Partner (the “Strategic Partner Fees”). The Strategic Partner Fees shall be the sole responsibility of the Student to pay directly to the Strategic Partner and this Agreement shall not create a contractual relationship between the Coach, the Strategic Partner, and the Student herein. The Perfect Practice may be paid a referral fee by Strategic Partners.
   g) The Student hereby agrees to reimburse the Coach for out-of-pocket expenses and payment for any additional fees for extra-ordinary coaching services which are not within the scope of the Services, including but not limited to long distance charges, travel, parking, office visits, reviewing materials. Such out-of-pocket expenses and additional fees will be communicated and charged to the Student as an additional fee to be paid at the time they are incurred.
   h) Any additional fees agreed to between the Student and the Coach during the Term shall be charged to the Student at the time of service as an additional fee.
   i) The Student hereby agrees and acknowledges that all Services provided to the Student are charged on a per individual basis and not charged on a group basis. For clarity, please refer to section 2(i) of this Agreement.
   j) All fees and charges are subject to applicable taxes that The Perfect Practice is obligated to withhold across different jurisdictions, including but not limited to, GST and PST.
4. Confidential Information
   a) The Student acknowledges and understands that the Student is being granted access to Confidential Information when receiving the Services and during the Services the Student may be exposed to proprietary and Confidential Information of the Coach.
   b) The Student acknowledges and understands that the Confidential Information is the sole and exclusive property of the Coach, and the Student shall not disclose or distribute such Confidential Information to third parties unless the Coach expressly approves and provides written consent to such disclosure. The non-disclosure of Confidential Information shall apply to any Confidential Information provided to the Student, including but not limited to Confidential Information provided to the Student in a session, online or verbal communication, in a private social media group, or otherwise.
   c) The Student acknowledges and agrees that any and all intellectual property, including but not limited to the Confidential Information, audio and visual presentations, documentation, images, designs, promotional material, trademarks, trade secrets, and any other materials or elements associated with the Services (collectively, the “Intellectual Property”) is the sole Intellectual Property of the Coach and The Perfect Practice. The Student acknowledges and agrees that by receiving the Services, this Agreement shall not grant the Student any ownership or any other right or interest to the Intellectual Property or any intellectual property rights of the Coach or The Perfect Practice.
   d) Any trademarks or service marks used by the Coach or The Perfect Practice are owned by the Coach and The Perfect Practice. This Agreement shall not grant the Student any right, license, or interest in such trademarks or service marks, Intellectual Property, or Confidential Information, and the Student shall not assert any right, license, or interest thereto.
   e) The Student acknowledges that any audio recording, video recording, still pictures or screen captures of the Services is for the sole personal and educational use of the Student only and such recordings, pictures or captures shall not be distributed privately or publicly.
   f) Notwithstanding the foregoing, the Student shall not be liable for the disclosure or use of any of the Confidential Information to the extent that the Confidential Information is or becomes available to the public from a source other than the Student and through no fault of the Student.
   g) The covenants and agreements contained in this Section 4 shall survive the termination of this Agreement.
5. Consent to Use and Disseminate Testimonials
   a) The Student consents and agrees that the Coach and The Perfect Practice may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, the Student’s experience with the Services, including any specific results experienced by the Student when receiving the Services. The Student agrees and acknowledges that any testimonial includes, but is not limited to, written statements published on social media accounts and online forums, as well as any statements, images, or testimonials otherwise recorded when participating in the Services.
   b) The Student hereby represents and warrants that any statements or testimonials made shall be correct, accurate and truthful.
   c) The Student hereby irrevocably and permanently, grants and assigns to the Coach and The Perfect Practice the right to use, broadcast, distribute, exhibit, and disseminate in any form now or later developed, including but not limited to publications for promotion on websites, social media sites, and other promotional material, the Student’s likeness, name, image, photograph, voice, and video, as it relates to the Student’s participation in the Services.
   d) The Student further waives all right to any royalties or other compensation arising from the use of the Student’s testimonials and the Student’s likeness, name, image, photograph, voice, and video, as it relates to the Student’s participation in the Services.
6. Non-Exclusivity
   a) Nothing contained in this Agreement shall prohibit the Coach from providing consulting services to other Students or third parties, save that the provision of such services shall not prevent timely performance by the Coach of prior obligations hereunder.
7. Termination
   a) This Agreement shall be terminated on:
        (i) the termination date specified in the Course; or
        (ii) such other date agreed upon in writing by the Student and the Coach;
   b) This Agreement may be terminated by the Coach by providing notice to the Student by email to the Student’s email address by reason of the following:
        (i) upon a breakdown of the coaching relationship in the Coach’s absolute discretion; and,
        (ii) upon the Student’s breach of any term of this Agreement, including but not limited to, the Student’s disclosure or dissemination of Confidential  Information;
   c) Upon termination of this Agreement:
        (i) The Student’s obligations to the Coach under this Agreement shall terminate except for the Student’s obligation to pay any fees and expenses in accordance with the terms of the Agreement, to the date of termination;
        (ii) The Student will lose access to the paid Services available on the Website and the Virtual Classroom; and
        (iii) The parties’ obligations under this Agreement shall terminate except those obligations which are specifically expressed to survive the termination of this Agreement.
8. Disclaimer & Limitation of Liability
   a) The Student hereby acknowledges and agrees that the Coach is not representing or acting as the Student’s lawyer, accountant, or other professional advisor.
   b) The Perfect Practice assumes no responsibility for errors or omissions that may appear in any Course materials or Services.
   c) The Student hereby acknowledges and agrees that they are solely responsible for their own business, clients and personal affairs. The Student further acknowledges and agrees that they use the information presented in Courses or Services at their own risk. It is the Student’s responsibility to assess the accuracy, completeness or usefulness of any information presented in Courses or Services. The Student releases the Coach and Forster Financial Services Inc., its principals, affiliates, agents, contractors, successors, and assigns from all liability and claims in relation to the Student’s own business, clients and personal affairs.
   d) The Student hereby acknowledges that the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Student for any indirect, consequential, or special damages, including but not limited to the Student’s failure to grow their business or properly advise their clients after receiving the Services.
   e) The Coach and The Perfect Practice hereby disclaim all representations and warranties, whether expressly stated or implied, including but not limited to warranties regarding merchantability or fitness for a particular purpose. The Services and any ancillary services thereto shall be provided by the Coach and The Perfect Practice on an “as is, where is” basis without any warranties or representations whatsoever.
   f) Notwithstanding any damages that the Student may incur, the Coach’s entire liability under this Agreement, and the Student’s exclusive remedy, shall be limited to the amount actually paid by the Student to the Coach under this Agreement for all the Services rendered through and including the termination date of this Agreement. For clarity, the Student shall only be entitled to recover a maximum amount reflective of the amount actually paid by the Student to the Coach under this Agreement.
   g) In the event of a breach or threatened breach of this Agreement by the Student, the Coach may seek all remedies available against the Student, in law and in equity, which may include but is not limited to seeking a temporary or permanent injunction, without the necessity of showing any actual damages. Any equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief to the Coach.
   h) If any enforcement or legal action is sought against the Student by the Coach, the Coach shall be entitled to recover any amount under this agreement, in addition to any further damages, and the Coach shall be entitled to recover from the Student, any reasonable legal fees on a solicitor and own client basis for enforcing the terms of this Agreement.
   i) The disclaimers, agreements and limitations contained in this Section 8 shall survive the termination of this Agreement.
9. Non-Waiver
   a) The failure of any party to insist upon the performance of any term, promise or obligation under this Agreement shall not be a waiver of such party’s right to demand strict performance at a later time. Irrespective of whether it is implied or express, non-performance of any one term, promise or obligation does not constitute consent or waiver of any same or other term, promise or obligation in this Agreement.
10. Assignment and Enurement
    a) This Agreement is personal in nature and may not be assigned by either party hereto.
    b) This Agreement shall be binding upon and shall enure to the benefit of each of the parties hereto and their respective employees and permitted receivers, successors, and assigns.
11. Notice
    You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. You will receive communications from us in relation to the Courses and services that you signed up for. These communications are necessary to administer the Course or service. We may contact you in a variety of ways, including but not limited to email, text messaging and AI phone calls. As further detailed below, we may utilize AI customer service representatives (“AI Reps”) to provide you information about our Courses and services, to administer our Courses and services, and in marketing communications.
12. Dispute Resolution
    a) Each party agrees to utilize all reasonable efforts to resolve any dispute, whether arising during the term of this Agreement or at any time after the expiration of this Agreement. The Student acknowledges and agrees to first contact the Coach directly with respect to any dispute or disagreement with respect to the interpretation of any provision or performance of this Agreement.
    b) If the parties are not able to come to a satisfactory resolution informally, either party may submit a dispute to mediation by providing written notice to the other party. In the mediation process, the parties will try to resolve their differences voluntarily with the aid of a single, impartial mediator, who shall attempt to facilitate negotiations. The mediator shall be selected by agreement of the parties. If the parties cannot otherwise agree on a mediator within ten (10) business days, a single mediator shall be designated by the ADR Institute of Alberta or any successor organization at the request of a party. Any mediator so designated must not have a conflict of interest with respect to any party. The mediation shall be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and therefore shall be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party shall bear its own costs and legal fees in the mediation. The Parties shall share the fees and expenses of the mediator equally.
    c) In the event that mediation is unsuccessful, the dispute may be submitted to arbitration, with such arbitration taking place in the City of Calgary in the Province of Alberta. The cost of arbitration shall be borne by the parties equally or as may be specified in the arbitrator’s decision. The provisions of the Alberta Arbitration Act, RSA 2000 c A 43, as amended, shall govern the arbitration process. The parties agree that there is no right to appeal an arbitration award under this Agreement. The determination arising out of the arbitration process shall be final and binding upon the parties to the arbitration.
13. General
    a) This Agreement shall be governed exclusively by the laws of the Province of Alberta, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. Subject to section 12 of this Agreement, the parties irrevocably to submit to the exclusive jurisdiction of the courts in the Province of Alberta.
    b) If any provision of this Agreement, or the application of such provision to any person or in any circumstances, shall be determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement, and the application of such provision to any person or in any circumstance other than that to which it is held to be invalid, illegal or unenforceable, shall not be affected thereby.
    c) Any amendment to this Agreement must be in writing and consented to by both parties hereto.
    d) This is the entire Agreement between the Student and the Coach with respect to the coaching services to be provided by the Coach to the Student and supersedes any prior agreements with respect to such services whether written or oral.
    e) The Perfect Practice may utilize AI Reps to provide you information about our Courses and services, to administer our Courses and services, and in marketing communications. We may utilize AI Reps both when you call us and when we call you. Our AI Reps sound human, talk naturally, respond to questions and even crack jokes, which all contribute to conversations that feel organic.
    While our AI Reps are impressive, they may not always function as intended or provide completely accurate information. The Perfect Practice is not bound by the representations of the AI Rep and not responsible for any technical or functional defects of our AI Reps. If you have any concerns about your interactions with our AI Reps, please let us know so that we can address it.
    Our AI Reps are created through Air AI. Conversations with AI Reps may be recorded and utilized to provide you with services or to improve the AI Rep service. Any personal information collected through the AI Rep service will only be used and retained in accordance with this privacy policy.
    We do not charge you for this service; however, message, call and data rates may apply from your mobile carrier. By providing your consent to participate in our Courses and services, you approve any such charges from your mobile carrier. We reserve the right to terminate our AI Rep service, in whole or in part, at any time without notice.