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Terms and Conditions

I. THE PARTIES. This Services Agreement (“Agreement”) is made effective as of January 2022 by and between: Proformance X, (“Service Provider”) and Customer, (“Client”) services rendered to the individual(s) who agreed to the advisory services provided by the service provider.

II. SERVICES. Service provider agrees to provide the following Services includes a thirty (30) minutes advisory services between the service provider and the client.

III. TERM. The Services shall commence upon confirmation the client selected and rendered full payment of the advisory services provided by the service provider.  All sessions are defined at thirty (30) minutes limit. At the completion of the services performed once the service provider has signed off the thirty (30) minutes session. 

  • At completion of the Services performed.
  • Upon service provider may terminate this Agreement without any notice and providing the client a full or partial refund.  The service provider reserves the rights to cancel the advisory services session at cause.

IV. COMPENSATION. By checking the agreement, the Client agrees to render payment of $89.99 for the thirty (30) minute advisory services session. No refund or partial payment will be remitted if the client elects to leave the session prior to the thirty (30) minute time limit.

V. PAYMENT METHOD. Service provider shall be paid, in accordance with section IV, by the method available via www.letsgoprox.com website.

VI. CANCELLATION. The Client will be fully refunded (100%) the session amount by notifying the service provider 24 hours in advance of the scheduled session. Should the client cancels within the 24 hours will be under the discretion of the service provider.

  • Refundable with 24 hours advance notice prior to scheduled session date and time.
  • Non-Refundable if the Client failed to provide notification or notification provided not provided within 24 hours in advance of the scheduled session.  No shows to the scheduled and confirmed session. 

VII. DISPUTES. If any dispute arises under this Agreement, the Service Provider and the Client shall negotiate in good faith to settle such dispute. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. If the parties cannot agree with any mediator or if either party does not wish to abide by any decision of the mediator, they shall submit the dispute to arbitration by any mutually acceptable arbitrator, or the American Arbitration Association (AAA). The costs of the arbitration proceeding shall be borne according to the decision of the arbitrator, who may apportion costs equally or in accordance with any finding of fault or lack of good faith of either party. If either party does not wish to abide by any decision of the arbitrator, they shall submit the dispute to litigation. The jurisdiction for any dispute shall be administered in the County of Collin, State of Texas.

VIII. LEGAL NOTICE. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in-person or deposited in the United States Postal Service via Certified Mail with return receipt.

XIV. RECORDING. During the advisory session, the Service Provider may record the session with the verbal approval by the Client.  Upon termination of this Agreement, the

Service Provider retain the recorded session for promotional and marketing use purposes in accordance with the regulations defined in the Count of Collin, State of Texas.

X. WAIVER OF CONRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

XI. STATE AND FEDERAL LICENSES. The Service Provider represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement.

XII. PAYMENT OF TAXES. Under this Agreement, all taxes associated with the advisory service is included in the $89.99 session fee.   

XIII. INDEMNIFICATION. The Service Provider shall release, defend, indemnify, and hold harmless Client and its officers, agents, and employees from all suits, actions, or claims of any character, name, or description including reasonable Service Provider fees, brought on account of any injuries or damage, or loss (real or alleged) received or sustained by any person, persons, or property, arising out of services provided under this Agreement or Service Provider ‘s failure to perform or comply with any requirements of this Agreement including, but not limited to any claims for personal injury, property damage, or infringement of copyright, patent, or other proprietary rights. Client reserves the right to retain whatever funds which would be due to the Service Provider under this Agreement until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished.  All actions taken against the Service Provider’s advisors (The Pros) will be directly at the specific individual Pro. 

XIV. CONFIDENTIALITY & PROPRIETARY INFORMATION. The Client acknowledges that it will be necessary for the Service Provider to disclose certain confidential and proprietary information to the Service Provider in order for the Service Provider to perform their duties under this Agreement. The Service Provider acknowledges that disclosure to a third (3rd) party or misuse of this proprietary or confidential information would irreparably harm the Client. Accordingly, the Service Provider will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the Client without the Client’s prior written permission except to the extent necessary to perform the Services on the Client’s behalf.

Proprietary or confidential information includes, but is not limited to:

     a.) The written, printed, graphic, or electronically recorded materials furnished by Client for Service Provider to use;

     b.) Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of, business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind, sales projections, and pricing information; and

     c.) Information belonging to customers and suppliers of the Client about whom the Service Provider gained knowledge as a result of the Service Provider‘s Services to the Client.

Furthermore, proprietary information, under this Agreement, shall include:

     a.) The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, works-in-progress and deliverables, will be the sole property of the Client, and Service Provider hereby assigns to the Client all right, title, and interest therein, including, but not limited to, all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. Service Provider retains no right to use the Work Product and agrees not to challenge the validity of the Client’s ownership in the Work Product;

     b.) Service Provider hereby assigns to the Client all right, title, and interest in any and all photographic images and videos or audio recordings made by the Client during Service Provider’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings; and

     c.) The Client will be entitled to use the Service Provider ‘s name and/or likeness in advertising and other materials.

XV. ASSIGNMENT AND DELEGATION. The Service Provider may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor (“Subcontractor”). The Service Provider recognizes that they shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work.

The Service Provider shall be responsible for any confidential or proprietary information that is shared with the Subcontractor in accordance with this section. If any such information is shared by the Subcontractor to third (3rd) parties, the Service Provider shall be made liable.

XVI. GOVERNING LAW. This Agreement shall be governed under the laws in the State of Texas.

XVII. ENTIRE AGREEMENT. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Client and Service Provider. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

Proformance X