1. Scope of Systems for Success: a Self-Paced Course™:
This is a self-study digital download. It includes pdfs, videos, templates, and trackers but does not include any coaching, support, calls, audits or reviews of your work.

2. Fees
In consideration for the course provided by Lindsay Herkert Photo Co, Client agrees
to pay the full amount. The fee for the program paid in full is $647 USD if the client chooses to
pay in full at the time of signing this agreement or as outlined in the payment agreements below:
or two (2) monthly payments of $323.50 USD, total of $647 USD
or three (3) monthly payments of $220 USD, total of $660 USD
Program Access will be granted upon receipt of payment. Client’s purchase and access
constitutes your Agreement to all of the terms and conditions herein.

FOR CLIENTS PAYING IN FULL
Once notified by Company of acceptance into the Program, Client must pay the Program Fee
of $647 USD and agree to the terms and conditions of this Agreement to the Company within
24 hours of purchase.
Failure to agree to the Terms & Conditions and pay the Program Fee by The foregoing
deadline will result in the Client forfeiting his/her admission into the Self-Paced Course.

FOR CLIENTS SELECTING THE PAYMENT PLAN
Once notified by Company of acceptance into the Program, Client must make an Initial
Payment of $323.50 USD (or $220) to the Company and agree to the terms and conditions of this Agreement to the Company within
24 hours of purchase. Initial payment is due upon purchase.
Failure to agree to the Terms & Conditions and pay the Program Fee by The foregoing
deadline will result in the Client forfeiting his/her admission into the Self-Paced Course.

The remaining balance is to be paid in monthly installments, starting 30 days following the
initial payment. Client specifically agrees that the Course is not a monthly membership, that
the fee in total is earned by the Company at the time Client is granted access to the Course,
and client will not cease payments unless specifically agreed in writing by the Company. Client
agrees to maintain a valid credit card in the Program platform’s secure payment site. Credit
Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that the
Company will charge the credit card chosen by the Client.
In the event the Client fails to make any of the payments within a payment plan as scheduled, or
in the event Client’s card is withdrawn, declined, or charged back, the Company will immediately
remove Client from the Course until payment is paid in full, including removing access to
modules, materials, videos, pdfs, templates, trackers, and tools. If Client has not paid within five (5)days of the payment due date, Client will be in default and breach of this Agreement, and the
Company, as its discretion may terminate this agreement, refer all unpaid amounts to
collections, and/or utilize any other remedy allowable by law to collect the unpaid balance in full.
Any unpaid past due amounts shall carry the highest interest rate allowable by law, and Client
will be responsible for any and all fees and costs of collection, including attorney’s fees.

3. Fee & Cancellation by Client
The full fee is non-refundable. In the event Client cancels this Agreement for any reason whatsoever, no refund will be given.

4. Duty of Company & Cancellation of Services
Company agrees to perform in the coaching program to the best of its abilities. Company
reserves the right to change the coaching schedule, sessions at any time. In the event
Company determines, in its sole discretion, that it cannot or will not perform its obligations for
the coaching program under this Agreement due to circumstances including, but not limited to,
injury, illness, death of family member, pregnancy, military orders, religious obligations, or other
personal emergencies, it will:
Immediately give notice to Client;
Issue a refund or credit to Client based on a reasonably accurate percentage of services
rendered up to the point of cancellation; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

5. Confidentiality
Client understands that certain information of a confidential nature may be disclosed by the
Company, to include personal information, tools, processes, strategies, materials, slides, and
other business trade secrets. Client will not intentionally disclose this confidential information to
any third party or use the confidential information for his/her own benefit without specific
approval by Company.

6. Disclaimer
Client agrees and understands Company is not providing the professional services of an
attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or
certified professional. Should Client desire professional services that exceed the scope of this
Agreement, Client must sign a letter of engagement of said professional services with the
appropriate service provider. No legal, financial, accounting, nutritional or other kind of
professional advice will be given without entering into such a relationship via the letter of
engagement referenced immediately above.

7. Model Release
This contract serves as a model release giving Company the irrevocable right to use the
photographs and video taken by Company at the Coaching in all forms and in all media and in
all manners, without any restriction as to changes or alterations, for advertising, trade,
promotion, exhibition, or any other lawful purposes. Company can grant use of the images to
third parties and all compensation for use and credit for the images remain the property of
Company. Client waives any right to inspect or approve the photograph(s), finished version(s)
incorporating the photograph(s), or the use to which it may be applied, including written copy
that may be created and appear in connection therewith. This release is binding on the client,
their legal representatives, heirs, and assigns.

8. No Guarantees
Company does not make any guarantees as to the results, including business growth, increased
followers, financial or other gains, of any services or information provided during the course.
Company agrees to provide the services listed in this Agreement listed above. Client agrees to
take responsibility for Client’s own results.

9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a
reasonable expectation that Company’s course will produce different outcomes and results for
each Client. Client understands and agrees that:
Every client and final result is different.
Business coaching and/or consulting is a subjective service
Dissatisfaction with Company’s independent judgment or individual coaching style are not valid
reasons for termination of this Agreement or request of any monies returned.

10. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under
or breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement (except for any obligations to make payments to the other party hereunder), when
and to the extent such failure or delay is caused by or results from acts beyond the impacted
party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions,
earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c)
war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other
civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or
after the date of this Agreement; (f) action by any governmental authority; (g) national or
regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances;
and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give
Notice within 10 days of the Force Majeure Event to the other party, stating the period of time
the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the
failure or delay and ensure the effects of such Force Majeure Event are minimized. The
Impacted Party shall resume the performance of its obligations as soon as reasonably
practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay
remains uncured for a period of 30 days following Notice given by it, the other party may
thereafter terminate this Agreement upon Notice. The retainer and all other payments made by
Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this
Agreement is terminated due to the impossibility of the Impacted Party to cure its performance
obligations, such payments shall be credited to Client’s account and shall be used for another
purchase within 12 months from the date of Notice of the Force Majeure Event.

11. Indemnification
Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates,
agents, independent contractors, assigns, directors, employees and officers from any and all
claims, causes of action, damages or other losses arising out of, or related to, the services
provided in this Agreement, including all actions, causes of action, injuries, claims, negligence,
costs or expenses, arising out of or related to Client’s participation in services and any related
activities, including by not limited to riding in cars with Company employees, contractors, or
subcontractors.

12. Maximum Damages
Client agrees that the maximum amount of damages she or he is entitled to in any claim relating
to this Agreement or services provided in this Agreement are not to exceed the total cost paid to
Company or promised to be paid to Company for participation in the Course.

13. Limitation of Liability
In no event shall Company be liable under this Agreement to Client or any other third party for
consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising
out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether
such damages were foreseeable, (b) whether or not Client was advised of such damages, and
(c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

14. Taxes
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be
collected from Client and remitted by Company. All sales tax will be included on invoices.

15. Communication
All questions, concerns, feedback and program related questions shall be directed towards
Hello@lindsayherkert.com and will be answered by Company during its business days Monday
thru Friday, 9am-4pm, CST. Company typically replies to emails within 48 business hours.

16. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties,
supersedes any other written or oral agreements between Client and Company, and any
modifications must be in writing, signed by both Parties, and physically attached to the original
agreement.

17. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas including all matters of construction, validity, performance, and enforcement and
without giving effect to the principles of conflict of laws. The Parties assume responsibility for
their own collection costs and legal fees incurred should enforcement of this Agreement should
it become necessary.

18. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if
mediation is unsuccessful, then arbitration in accordance with the procedural rules of the
American Arbitration Association. The Parties agree to be bound by the decision of the
arbitrator(s). The arbitration proceeding shall take place in Travis County, Texas, unless another
location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be
shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in
presenting the dispute for arbitration.

19. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the
remainder of this Agreement shall remain valid and enforceable. Any failure by one or both
Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion
or provision of this Agreement.

20. Transfer
This Agreement cannot be transferred or assigned to any third party by either the Company or
Client without written consent of both Parties.

21. Headings
Headings and titles are provided in this Agreement for convenience only and will not be
construed as part of this Agreement.

22. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time
which the Notice is sent: Company’s Email: Hello@lindsayherkert.com

23. Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each
has executed a copy thereof, such copies, taken together, shall be deemed to be a full and
complete agreement between the Parties. The Parties agree that a facsimile copy (electronic
copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.

24. Signatures
Each party has read, understands, and agrees to the terms and conditions of this Agreement.