arrow_drop_down_circle
Divider Text
Catch23 Performance, LLC Terms & Conditions
BY VISITING THE WEBSITES, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Catch23 Performance LLC. The term the “websites” refers to: www.catch23performance.com and catch23performance.members-only.online… https://t.e.a.m.varsity.members-only.online... And any other website created or hosted by Catch23 Performance LLC., or containing the Catch23 Performance logo or likeness. The terms “user,” “their,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
On the websites we provide coaching and education and resources via email, podcast and live events including webinars, memberships, individual and group coaching focused on helping athletes, professional, collegiate, high school and some middle school, maximize their sport performance and thrive in their personal lives. Additionally, we help families of athletes through each developmental stage. We provide digital courses available for purchase, memberships, live calls, some free and available for purchase, and one on one and group coaching available for purchase (the “Service”). We also host content on various social media sites. While we do have a licensed counselor on the team, absolutely no use of our site, registration, membership or purchases should be misunderstood to be a counseling agreement. If a counseling agreement is warranted or desired, you must schedule an intake where informed consent will be reviewed and signed if we believe we are a good fit for your goals.
Use of the websites including all materials presented herein and all online services provided by Catch23 Performance LLC., is subject to the following Terms and Conditions. These Terms and Conditions apply to all websites visitors, customers, and all other users of the websites. By using the Websites or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Websites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Websites unless they have permission of a parent/guardian. Information provided on the Websites and in the Service related to coaching and other information are subject to change. Catch23 Performance LLC., makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Catch23 Performance, and its team members disclaim all liability for any inaccuracy, error, or incompleteness in the Content and/or any potential or alleged harm caused by use, improper or otherwise.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Catch23 Performance LLC., will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Websites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase services or products through the Websites for legitimate, non-commercial purposes only. You shall not post or transmit through the Websites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You agree to keep content, purchased or otherwise, confidential and will not reproduce, record, or otherwise retain and/or distribute.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed and information reviewed. We may at any time change or discontinue any aspect or feature of the Websites or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If your account or membership is cancelled or discontinued, you are not eligible for any portion of a refund, including deposits.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
All payments — including your initial deposit — are non-refundable.
Why? Because when you’re committing to changes in life, it can be easy to second-guess your instincts and say, “Oh, no, I don’t reeeeally need to do this” or “Ugh, life is just so busy!” “I don’t have time” or , “Oops! Changed my mind!”
Nope. That doesn’t work here. If you leased an office space for 6-months and never used it, the owner would not refund a penny, because you decided to stay home.
When you buy a ticket to a concert, and then decide you don’t feel like going, or it’s too far to drive, or you can’t find a babysitter, or whatever… what happens? You don’t go. You stay home. You miss out.
Are you going to write an email and ask for a refund? NOPE. They aren’t refunding your money just because you decided not to show up, or mismanaged your schedule, or whatever the excuse. That was your choice. Sometimes, second guessing is a defense mechanism because knowingly or not, you’re scared of change. We want to help you through that, and if we allow you to change your mind and back out, that’s not helping. This may sound like “tough love,” but it’s the policy, too. Respect your time. Respect mine. Say “yes” to what you really want, — and show up. Any questions before you commit? Email support@catch23performance.com.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Websites are entirely accurate, current, or error-free. From time to time we may correct errors in or change pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. We also reserve the right to discontinue any service or offering without providing explanation of why, or offering a substitute. We will provide service, for the time you have already purchased.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Websites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Websites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Catch23 Performance LLC., You retain copyright and any other rights you may rightfully hold in any content that you submit through the Websites or Service. Content you submit to Catch23 Performance LLC., remains yours to the extent that you have any legal claims therein. You agree to hold Catch23 Performance LLC., harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Websites, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Websites and Services contain intellectual property owned by Catch23 Performance LLC., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Websites or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Websites. Any use of the Websites or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Websites and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Websites and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITES OR SERVICE. ADDITIONALLY, CATCH23 PERFORMANCE LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CATCH23 PERFORMANCE LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CATCH23 PERFORMANCE LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CATCH23 PERFORMANCE LLC., AND IF NO PURCHASE HAS BEEN MADE BY YOU CATCH23 PERFORMANCE LLC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Websites and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Catch23 Performance LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Websites or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Catch23 Performance LLC., pertaining to the Websites and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Catch23 Performance LLC., shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Catch23 Performance LLC.,
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Catch23 Performance LLC.,
130 SEABOARD LANE SUITE A4 FRANKLIN TN 37064
support@catch23performance.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Williamson County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Condition
s bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: AUGUST 2022
BY VISITING THE WEBSITES, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Catch23 Performance LLC. The term the “websites” refers to: www.catch23performance.com and catch23performance.members-only.online… https://t.e.a.m.varsity.members-only.online... And any other website created or hosted by Catch23 Performance LLC., or containing the Catch23 Performance logo or likeness. The terms “user,” “their,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
On the websites we provide coaching and education and resources via email, podcast and live events including webinars, memberships, individual and group coaching focused on helping athletes, professional, collegiate, high school and some middle school, maximize their sport performance and thrive in their personal lives. Additionally, we help families of athletes through each developmental stage. We provide digital courses available for purchase, memberships, live calls, some free and available for purchase, and one on one and group coaching available for purchase (the “Service”). We also host content on various social media sites. While we do have a licensed counselor on the team, absolutely no use of our site, registration, membership or purchases should be misunderstood to be a counseling agreement. If a counseling agreement is warranted or desired, you must schedule an intake where informed consent will be reviewed and signed if we believe we are a good fit for your goals.
Use of the websites including all materials presented herein and all online services provided by Catch23 Performance LLC., is subject to the following Terms and Conditions. These Terms and Conditions apply to all websites visitors, customers, and all other users of the websites. By using the Websites or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Websites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Websites unless they have permission of a parent/guardian. Information provided on the Websites and in the Service related to coaching and other information are subject to change. Catch23 Performance LLC., makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Catch23 Performance, and its team members disclaim all liability for any inaccuracy, error, or incompleteness in the Content and/or any potential or alleged harm caused by use, improper or otherwise.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Catch23 Performance LLC., will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Websites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase services or products through the Websites for legitimate, non-commercial purposes only. You shall not post or transmit through the Websites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You agree to keep content, purchased or otherwise, confidential and will not reproduce, record, or otherwise retain and/or distribute.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed and information reviewed. We may at any time change or discontinue any aspect or feature of the Websites or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If your account or membership is cancelled or discontinued, you are not eligible for any portion of a refund, including deposits.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
All payments — including your initial deposit — are non-refundable.
Why? Because when you’re committing to changes in life, it can be easy to second-guess your instincts and say, “Oh, no, I don’t reeeeally need to do this” or “Ugh, life is just so busy!” “I don’t have time” or , “Oops! Changed my mind!”
Nope. That doesn’t work here. If you leased an office space for 6-months and never used it, the owner would not refund a penny, because you decided to stay home.
When you buy a ticket to a concert, and then decide you don’t feel like going, or it’s too far to drive, or you can’t find a babysitter, or whatever… what happens? You don’t go. You stay home. You miss out.
Are you going to write an email and ask for a refund? NOPE. They aren’t refunding your money just because you decided not to show up, or mismanaged your schedule, or whatever the excuse. That was your choice. Sometimes, second guessing is a defense mechanism because knowingly or not, you’re scared of change. We want to help you through that, and if we allow you to change your mind and back out, that’s not helping. This may sound like “tough love,” but it’s the policy, too. Respect your time. Respect mine. Say “yes” to what you really want, — and show up. Any questions before you commit? Email support@catch23performance.com.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Websites are entirely accurate, current, or error-free. From time to time we may correct errors in or change pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. We also reserve the right to discontinue any service or offering without providing explanation of why, or offering a substitute. We will provide service, for the time you have already purchased.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Websites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Websites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Catch23 Performance LLC., You retain copyright and any other rights you may rightfully hold in any content that you submit through the Websites or Service. Content you submit to Catch23 Performance LLC., remains yours to the extent that you have any legal claims therein. You agree to hold Catch23 Performance LLC., harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Websites, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Websites and Services contain intellectual property owned by Catch23 Performance LLC., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Websites or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Websites. Any use of the Websites or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Websites and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Websites and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITES OR SERVICE. ADDITIONALLY, CATCH23 PERFORMANCE LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CATCH23 PERFORMANCE LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CATCH23 PERFORMANCE LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CATCH23 PERFORMANCE LLC., AND IF NO PURCHASE HAS BEEN MADE BY YOU CATCH23 PERFORMANCE LLC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Websites and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Catch23 Performance LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Websites or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Catch23 Performance LLC., pertaining to the Websites and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Catch23 Performance LLC., shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Catch23 Performance LLC.,
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Catch23 Performance LLC.,
130 SEABOARD LANE SUITE A4 FRANKLIN TN 37064
support@catch23performance.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Williamson County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Condition
s bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: AUGUST 2022
