1. Scope of Systems for Success: the Self-Paced Course™
This is a self-study digital download that includes PDFs, videos, templates, and trackers.

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 is $647 USD if paid in full at the time of signing this agreement, or as outlined in the payment options below:

Two (2) monthly payments of $323.50 USD, totaling $647 USD.
Program access will be granted upon receipt of payment. Client’s purchase and access constitute agreement to all terms and conditions herein.

For Clients Paying in Full
Once notified by the 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 within 24 hours of purchase. Failure to agree to the Terms & Conditions and pay the Program Fee by the deadline will result in forfeiture of admission into the Self-Paced Course.

For Clients Selecting the Payment Plan
Once notified by the Company of acceptance into the Program, Client must make an initial payment of $323.50 USD and agree to the terms and conditions of this Agreement within 24 hours of purchase. The initial payment is due upon purchase. Failure to agree to the Terms & Conditions and pay the Program Fee by the deadline will result in forfeiture of 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 upon in writing by the Company. Client agrees to maintain a valid credit card on the Program platform’s secure payment site.

Credit Card Authorization (if applicable for payment plan):
Each Party acknowledges that the Company will charge the credit card chosen by the Client. In the event the Client fails to make any payments as scheduled, or if the Client’s card is withdrawn, declined, or charged back, the Company will immediately remove Client from the Course until payment is made in full, including removing access to modules,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. The Company may, at its discretion, terminate this Agreement, refer all unpaid amounts to collections, and/or utilize any other legal remedy 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, except as outlined below:

72-Hour Money-Back Guarantee: If, within 72 hours of purchase, Client is not satisfied with the Course for any reason, they may request a full refund. However, if the Client has downloaded any of the materials, including but not limited to PDFs, templates, or trackers, they will be ineligible for a refund.
In the event Client cancels this Agreement for any reason after the 72-hour period, 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. The Company reserves the right to change the coaching schedule or sessions at any time. In the event the Company determines, at its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of a 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, including but not limited to personal information, tools, processes, strategies, materials, slides, and other business trade secrets. Client agrees not to intentionally disclose this confidential information to any third party or use the confidential information for his/her own benefit without specific approval from the Company.

6. Disclaimer
Client agrees and understands the 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 the Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement for said professional services with the appropriate service provider. No legal, financial, accounting, nutritional, or other 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 the Company the irrevocable right to use the photographs and videos taken by the Company during the Coaching in all forms and media, and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Company can grant use of the images to third parties, and all compensation for use and credit for the images remains the property of the 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
The 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. The Company agrees to provide the services listed in this Agreement. The Client agrees to take responsibility for their own results.

9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing the Company’s business and has a reasonable expectation that the 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 the Company’s independent judgment or individual coaching style is not a valid reason 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) Natural disasters (fires, explosions, earthquakes, hurricanes, flooding, storms, explosions, infestations), epidemics, or pandemics;
(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 the 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 but not limited to riding in cars with Company employees, contractors, or subcontractors.

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

13. Limitation of Liability In no event shall the Company be liable under this Agreement to the Client or any third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, relating to, or in connection with any breach of this Agreement, regardless of whether (a) such damages were foreseeable, (b) the Client was advised of the possibility of such damages, or (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

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

15. Communication All questions, concerns, feedback, and program-related inquiries shall be directed to Hello@lindsayherkert.com and will be addressed by the Company during business hours, Monday through Friday, 9 am–4 pm CST. The Company typically replies to emails within 48 business hours.

16. Entire Agreement This Agreement constitutes the entire understanding between the Parties, superseding any prior written or oral agreements between the Client and the Company. Any modifications to this Agreement 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, without regard to principles of conflict of laws. The Parties shall be responsible for their own collection costs and legal fees should enforcement of this Agreement become necessary.

18. Mediation and Arbitration Any disputes or disagreements arising out of this Agreement that cannot be resolved amicably shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall then be submitted to arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the arbitrator(s)' decision. The arbitration shall take place in Travis County, Texas, unless otherwise mutually agreed upon by the Parties. The costs and expenses of the arbitrator(s) shall be shared equally by the Parties, with each Party responsible for its own costs and expenses in presenting the dispute for arbitration.

19. Severability & No Waiver If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of any other provision or the right to enforce that provision in the future.

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

21. Headings Headings and titles in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

22. Notice All notices (“Notice”) required under this Agreement shall be provided to each Party via email, effective as of the date and time the email is sent. Notice to the Company shall be sent to Hello@lindsayherkert.com.

23. Counterparts; Facsimile Signatures This Agreement may be executed in counterparts, and each counterpart shall be considered an original. The Parties agree that an electronic copy (including a facsimile) of this Agreement containing the Parties’ signatures shall be treated as an original.

24. Bonuses In addition to the core course content, your purchase includes the following bonuses:

Personal Coaching Call: A 30-minute one-on-one coaching call with Lindsay via Zoom, to be completed within 3 months of purchasing the course. It is the Client’s responsibility to schedule the call within the specified timeframe.

Website Review: A video review of your website by Lindsay, delivered via email. This must be requested within 3 months of purchasing the course.

Private Facebook Group Access: Enrollment includes access to a private Facebook group for additional support, community, and Q&A. Please note that this group may be disbanded at any time at my discretion and I reserve the right to remove anyone.

Bonus Lesson: A special lesson on two mini-session strategies, which is available within the course materials.

These bonuses are non-transferable, and any unused bonus features will not be refunded or extended beyond the specified timeframes.

25. Lifetime Access
Your purchase includes "lifetime access" to the course materials, which means you can access the content for as long as the course remains available. I reserve the right to close or discontinue the course at any time, which would end access to all course materials.

26. Signatures Each Party has read, understands, and agrees to the terms and conditions of this Agreement.
By checking this box, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. Your electronic acceptance of these terms by checking this box constitutes a legally binding signature, and has the same legal effect as signing a physical document.