Member Agreement with Product Gym

As of November 7, 2017

This Agreement is made between Product Gym or PG (Richard Chen) and {the current student}

Hereinafter called Student, reflecting Student’s enrollment into Product Gym’s Career Coaching program. This Agreement is legally binding and shall become effective upon the date it is signed by the Student. By signing, Student agrees to enroll into Product Gym’s Career Coaching program as well as to abide by Agreement.

The Agreement is comprised of FOUR (4) sections and shall be collectively referred to as the “Agreement” or “The Agreement”.

  1. Program Schedule & Fees
  2. Program Rules
  3. Program Deliverables & Process
  4. Signature of Agreement

Program Schedule & Fees

OVERVIEW
The Product Gym Career Coaching Program is a 6 week OR 50 hour program

Personalized Coaching – $3,995.00

This option includes the above 4 strategy sessions in addition to 50 hours of coaching OR until the receipt of the students’ first written offer letter. Students are required to complete all aspects of the program including but not limited to program attendance, preparation for the strategy sessions, completion of designated deliverables, and satisfactory engagement on program deliverables for the completion of the program. Students agree to inform and disclose the contents of any and all written offer letters received to Product Gym during the engagement of this program.

REFUND

Product Gym reviews refund requests on a case-by-case basis. By submitting payment, you will be acknowledging and agreeing to the agreed upon Refund Policy here.

At the time of your refund request:

  • If you have received a Product Gym approved Resume, Linkedin, OR Cover Letter to start applying, we will refund you the tuition, less $2000 . If you have submitted less than $2000 in total payment, you agree to forfeit all payment without recourse for refund

OR

  • If you have taken two classes (one class is 2 to 2.5 hours long) at any time with us ( even as a guest observer prior to payment at Product Gym ) we will refund you the tuition, less $2000 . If you have submitted less than $2000 in total payment, you agree to forfeit all payment without recourse for refund. If you have taken more than two classes with us, you agree to forfeit all payment without recourse for refund.

 

Program Rules

SOLE ARBITER OF PROGRAM RULES

Product Gym is the sole arbiter of program rules, except as provided under state and/or Federal law. We reserve the right to add or remove rules at any time, and apply them as we see fit. The purposes of this clause is to enable flexibility with regards to the program rules.

STRIKES

Product Gym’s program rules are enforced through a system of strikes. As detailed below, the Student can earn strikes for attendance violations, failure to communicate with Students’ Coach, failure to update their program coursework, and failure to comply with program rules or coach instructions. Students who accrue 3 strikes during the engagement with Product Gym will be dismissed with non-refundable payment.

Product Gym REQUIRES COMMITMENT

Product Gym is an in-person and remote program. During the Student’s engagement with Product Gym, the Student must be diligent in completing all work and deliverables assigned by their coach. Failure to complete any work as per specified by the Coach is grounds for dismissal. Transitioning quickly into a new career requires absolute commitment and energy from the student during the ENTIRE period.

ATTENDANCE AND TARDINESS

Consistent attendance is essential for students to be successful in the program. Additionally, since students work directly, one-on-one with their coach, if a student misses their coaching sessions with their coach, the coach loses an opportunity to help another student during that same time.

Product Gym makes no distinctions between tardiness and absence. There are no excused/unexcused absences; an absence for whatever reason, no matter how justified, reduces the amount of coaching time by the same amount. In the rare circumstance that an absence is excused, this does not waive Product Gym’s right to fully enforce its attendance policy.

Product Gym should be informed if the Student will be late or absent. If the Student will be late or absent, they must email/text/call Product Gym or their coach with at least a 6 hour notice. If Product Gym does not receive such notice, the student may be assigned a strike for failure to notify.

ZERO TOLERANCE FOR HARASSMENT

Product Gym is a respectful and welcoming environment for all. We have a zero-tolerance policy toward discrimination and all forms of harassment, including but not limited to discrimination based on gender, sexual orientation, race, religious affiliation, or disability. Violation of this policy is grounds for immediate dismissal from the course.

Product Gym INTELLECTUAL PROPERTY

Product Gym owns, and shall retain exclusive ownership, of its curriculum, methods, equipment, and other intellectual property (“Product Gym’s IP”). By admitting Student, Product Gym grants Students access and use of Product Gym’s IP. Such access and use shall be construed as limited, non-exclusive, non-sublicensable, non-transferable, and revocable at Product Gym’s sole discretion. Unless otherwise agreed to in writing, the license and use of Product Gym’s IP shall expire upon Student’s cancellation, withdrawal, dismissal or natural matriculation from Product Gym’s program.

Student (including Student’s heirs, estate, successors, agents, representatives or assignees) agrees to indemnify, defend and hold harmless Product Gym (including its agents, employees, officers, directors, successors, assignees, representatives and coaches) against any and all claims, actions, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fee, arising out of any action or claim brought by a third party resulting from Student’s use of Product Gym’s IP. Any unauthorized use or distribution of Product Gym’s IP shall be considered a violation of this Agreement as well as New York and Federal law. Student and Product Gym agree that monetary damages alone for a breach or misuse of Product Gym’s IP are insufficient. In addition to monetary damages, or any other legal recourse, immediate injunctive relief is appropriate to prevent further harm. Such injunctive relief may be sought in any duly authorized court within the United States, regardless of any other venue provisions within this Agreement.

ET CETERA
This is not a comprehensive list of rules. The Student may receive additional instructions from coaches regarding staying on task, or showing respect to coach and others. It is important to follow these additional instructions. Failure to follow all coach instructions can result in additional strikes or dismissal.

DISCLOSURE STATEMENT

The undersigned student fully understands that this program is NOT licensed by the New York State Education Department or any regulatory government agency. The coaches and programs being provided have NOT been approved and are NOT under the New York State Education Department’s jurisdiction.

Students attending candidate schools have no recourse through the Department’s student complaint process nor have any restitution available from the Tuition Reimbursement Account.
The Department’s Tuition Reimbursement Account cannot be accessed by students of candidate schools. This applies regardless of whether a refund is warranted by the candidate school that it refuses to issue, or even if the candidate school closes without fulfilling its contractual obligations to the student.

RELEASE OF LIABILITY

As a participant in Product Gym Coaching Program (the “Program”), the Student knowingly and voluntarily agrees to assume any and all risks and liabilities associated with participation in this Program. In exchange for being permitted to participate in the Program, the Student agrees to the following:

I voluntarily and without reservation, and realizing the full legal significance of my action, hereby waive and release, on behalf of myself, my agents, my heirs and my estate, all claims and liabilities of whatever nature against Product Gym and their representatives, directors, officers, employees, agents, successors and/or assigns, including, but not limited to, claims of any injury (including death), loss, damage, accident arising from any act or omission of any entity or individual, or for any other cause whatsoever arising out of, resulting from or in connection with the above referenced Program.

Further, the Student accepts responsibility for any injury (including, but not limited to personal, injury, disability, dismemberment and death), illness, damage, loss, claim, liability or expense, of any kind or nature, that the Student or Student property may suffer, and agree to forever release the Product Gym and their representatives, directors, officers, agents, successors and/or assigns, from any liability arising from any such risks. The Student fully and voluntarily assume all risks and liability associated with any participation in the Program including, without limitation, the risk of any negligence or recklessness or failure to act, by other participants or others, and the risk of injury caused by the condition of any property, facilities or equipment used during the Program and the Student agrees to waive and forever release, on behalf of myself, my heirs, my successors and/or assigns and my estate, any claim against Product Gym and their representatives, directors, officers, agents, successors and/or assigns alleged to be caused by
such negligent or reckless actions, or failure to act, or the condition of any property, facilities or equipment used during the Program.

The Student agrees to defend, indemnify, and hold harmless the Product Gym and their representatives, directors, officers, agents, successors and/or assigns, for any and all losses, damages, expenses, claims, suits or judgments and liabilities (including any and all costs and expenses, but not limited to reasonable attorneys’ fees and disbursements if assessed by a court of competent jurisdiction) of any nature arising out of, or in consequence of, the Student acts, words, conduct, etc. in connection with the Program including, but not limited to, damage to property, any injuries or death sustained by any person(s).

The Student understands that this section will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

 

Program Deliverables & Process

The Student agrees to:

  1. Work swiftly, promptly, and diligently to complete all assigned deliverables defined by the below: Post any and all relevant questions pertaining to the PG process in designated Slack Channel.
  2. Using the PG Application Tracker
  3. Posting on the Slack Applications Channel
  4. Posting on the Slack Interviews Channel
  5. Transcribe any interviews for assessment by PG’s coaches within 6 hour and posting on the Slack Feedback Channel
  6. Attend at least 80% of all strategy sessions hosted by PG.
  7. Apply to a minimum number of positions per week as per specified by the Product Gym Coach
  8. Adhere to the structure of PG’s job application processes, including the commitment to number of positions applied, time spent applying, and other deliverables as defined by your PG Coach.
  9. The Understanding that Product Gym does not explicitly promise or guarantee interviews, offers, or contact from recruiters or internal hiring departments of prospective companies.
  10. Take Full Responsibility – legal, reputational, or otherwise, for any final communication regarding your current or past work history, compensation, etc. as per the above Release of Liability
  11. The Understanding that Product Gym provides only consulting, guidance, and coaching. You are responsible for all deliverables that Product Gym suggests but understand that you bear all responsibilities and consequences for such services.
  12. Confidentiality of PG’s Coaches identities, processes, practices, materials, conversations, and any other work identifiable or produced during your time with PG.
  13. This service is concluded at the completion of either (1) Receipt of your first written offer OR (2) Fifty, 50, hours of coaching has elapsed.

PG uses a proven, process-driven methodology to maximize the results for its students. You understand that a lack of adherence to these processes will drastically affect the results of the services provided to you.

Failure or negligence in completing the deliverables set forth by your PG Coach will directly and negatively impact these results. Deviating from these deliverables and processes,

  1. You understand that you forfeit your right to receive any refund of fees paid to your Coach.
  2. Your Coach also reserves the right to terminate the relationship and service at anytime upon evaluation of negligent deliverables.

 

Ackowledgement of Agreement

By my acknowledging above, I attest that I have read, understood, and accept the limitations indicated on this document. If by the next Saturday of my course enrollment date, I do not have any questions or contest the above limitations and terms, I agree to all terms above, as stated.