Terms and Conditions

These Terms of Service confirm the terms applicable to your work with Heroic Public Speaking, LLC or “HEROIC.” For the purpose of these Terms of Service, we’ll refer to you as…well…“you” or any derivations thereof, or as “Client.”     

The terms of our agreement (this “Agreement”) are as follows:

1. How This Works. These Terms of Service state the terms under which all HEROIC programs are offered. By signing below, you agree that your enrollment in any HEROIC program will be governed by the terms written below. (That way, you can enroll in any future HEROIC program by signing one piece of paper, known as an “Enrollment Order”, rather than reading another magnum opus written by a well-meaning, but overprotective lawyer.)

2. Our Work Together. You have come to us to realize a vision, and it is our commitment to honor, assist, and collaborate with you in that effort. Our work together will encompass content development, performance coaching, and instruction in a variety of disciplines, all of which we’ll refer to throughout this Agreement as the “Training.”

3. Training Activities. You control your own Training. The Training curriculum will often involve verbal, emotional, and physical acts, including moving on and off a stage and to various positions, rooms, spaces, or other locations where parts of the Training will be held. You are under no obligation to participate in all parts of the Training, and there may be some aspects which you prefer to skip. Further, you agree that you will only participate in portions of the Training for which you are physically fit and emotionally capable. Your decisions in this regard will not, however, have any impact on the payment for HEROIC services.

4. Our Responsibility.‍

• Collaboration.  HEROIC commits to providing you with professional Training services in furtherance of your vision. To do this, we rely on the devotion of your time, the commitment of your skill, your willingness to stretch and learn, your candor, and your integrity at every point in our work together. We reserve the right to hold you accountable.
• Integrity. HEROIC shall perform all of its services in a way that meets or exceeds the standards in our industry. As part of this commitment, we will respect your intellectual property, just as we will not tolerate any infringement on our or any third party’s intellectual property.
• Safety. We are committed to providing you, to the best of our ability, a safe space in which to express your views and perform your best work. We view HEROIC as your creative home.
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5. Your Responsibility. Your responsibilities throughout our work together, regardless of the program in which you may be involved:

• Focus. The success of this project depends largely upon your presence, in every sense. You will only be able to realize the desired results of the Training if you attend the sessions, do the work, and collaborate fully in this effort. This also means that you must be diligent in allowing others to focus on their work as well. As such, while interacting at HEROIC or within any of our programs or our social media platforms, we prohibit members of our Community from marketing their products or services to others or acting in a manner to disrupt the learning and experience of others, in each case as we determine in our sole discretion.
• Candor. HEROIC can be many things, but mind reader is not one of them. By entering into this Agreement, you are committing to maintaining an open and honest line of communication at all times. If you fail to advise us of an issue, we cannot be expected to solve it and, as a result, you waive any right to or expectation of a resolution.
• Diligence and Integrity. You are solely responsible for your materials. You, as the Client, agree to indemnify, defend, and hold HEROIC harmless from any and all claims, expenses, liabilities, or damages, including attorney’s fees and costs, arising out of or in any way related to your work or your participation in our Training or programming.. This indemnification specifically includes, but is not limited to, claims based upon the infringement of someone else’s intellectual property.
  
• Community. There is nothing HEROIC values more than the community we have built over our years of service. Our community (the “Community”) includes current and past students, members of our groups on social media, faculty, guests, students, and the staff and employees of HEROIC itself. The people within the Community are passionate, talented, and giving souls who care deeply about the way they present and what they can contribute to the world. Our Community serves as the genesis and inspiration for our motto “Save the World, One Speech at a Time.” By signing this Agreement and taking part in any HEROIC program, you are being welcomed into that Community. By joining our Community, you accept certain responsibilities, your compliance with which shall be determined in our sole discretion:
  

• You agree not to disparage HEROIC, its offerings, or its people within or outside of the Community.
  
• You agree not to disparage other members of the Community.
  
• You agree not to disrupt the Training of or the HEROIC experience for other members of the Community.
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6. Bonuses. HEROIC may offer bonuses in its Training from time to time, which are provided without additional charge. These bonus offerings may include opportunities for additional events, supplemental training, and/or exclusive sessions with guest speakers and industry leaders (all collectively referred to herein as the “Bonuses”). HEROIC is under no obligation to offer any such Bonuses, may cancel an offering for any reason, for no reason, or at any time regardless of whether or not it has been announced. The Bonuses, if and when available, are offered solely as an additional benefit to Clients in order to express our gratitude and enrich your experience. As such the value of Bonuses are not included in any HEROIC pricing.

7. Ownership. You own your content. Period. Regardless of our scope of work, neither HEROIC nor any of its instructors or writing faculty will develop or retain any right, title, or interest in your content.

8. Payment Terms. The following payment terms will apply to all HEROIC programs in which you choose to enroll.

• All fees due HEROIC shall be timely paid in accordance with the terms and conditions of any invoice or Enrollment Order that HEROIC delivers to you. In the event that fees are not paid in accordance with the terms of any Enrollment Order, amounts past due shall accrue interest at the rate set forth in Section 12 below plus reimbursement for any legal fees incurred by HEROIC related to or arising from your failure to remit timely payment.
• You are responsible for providing HEROIC with all information needed to process a sale for a charge card or debit card that is in good standing. You represent and warrant that HEROIC is hereby authorized to charge the charge card or debit card you provide to us in accordance with the payment schedule in any Enrollment Order. HEROIC will provide you with a receipt via email to the email address of record. You agree to provide HEROIC with an updated or alternate card and authorization in the event your card expires or is dishonored. You hereby authorize HEROIC to charge any authorized card on file to satisfy your financial obligation to HEROIC. Your acceptance of this Agreement comprises your authorization for all charges set forth in this Agreement on the dates set forth herein. Payment in full for the training is due by the date set forth in each Enrollment Order. Your non-participation due to any reason, or no reason, whatsoever will not serve as a basis for a refund.
• Space in HEROIC Training is limited in order to allow us to present Training to our standards and provide as much personal attention as possible. As a result, all sales are final and HEROIC is unable to offer any deferrals or refunds. Any payment plan is provided solely for your convenience and shall not be construed as an installment sale. No refund will be made for any reason. The total price of HEROIC Training is a fixed amount regardless of the number of sessions a Client actually attends.
  

9. Professional Advice. You understand and agree that nothing said in the Training by HEROIC or others should be considered to be individualized legal, financial, tax, medical, or any other kind of professional advice. If a question comes up, you are responsible for seeking out independent professional advice, rather than relying on information provided by HEROIC, its instructors, coaches, faculty, or employees.

10. Indemnification. To the fullest extent of the law, you agree to indemnify, defend and hold HEROIC, its owners, members, directors, officers, past and present employees, agents, advisors, affiliated companies, and successors (the “Released Parties”) harmless from any and all claims, expenses, liabilities, or damages, including attorney’s fees and costs, arising out of or in any way related to your work or your participation in our Training or programming, whether physical, emotional, financial, or otherwise.

11. Conflicts.  In the event of a conflict between these Terms of Service and the terms of any other documents which may pass between us, these Terms will govern unless HEROIC expressly states otherwise in writing.

12. Collection, Liability, and Dispute Resolution.‍

• All disputes arising from or relating to this Agreement shall be resolved under the laws of the Commonwealth of Pennsylvania without regard to conflict of laws. The venue for any and all litigation shall be Bucks County, PA. Notwithstanding the fact that either party is now or may hereafter become a resident of another state, it shall in all respects concerning its validity, execution, construction, interpretation, or enforcement, and performance be governed by the laws of the Commonwealth of Pennsylvania.
• THE PARTIES HEREBY WAIVE ANY RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY AS TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
• Should you default in any payment obligations to HEROIC, HEROIC shall be entitled to recoup interest as set forth herein, as well as collection and litigation-related expenses, attorney’s fees, and expert fees, if any.
  
• Interest on all amounts due and unpaid shall accrue at the rate of eighteen percent (18%) per annum or one and one-half percent (1½% per month).
  
• The maximum amount of HEROIC’s liability arising from or relating to this Agreement, an Enrollment Form, or any association, relationship, or interaction between the parties hereto shall be the lesser of: (i) the amount paid HEROIC by the Client in the six (6) months preceding the alleged breach by HEROIC; or (ii) the amount paid HEROIC pursuant to the Enrollment Order applicable to the dispute. Under no circumstances shall HEROIC be responsible for, and Client hereby waives and releases HEROIC from, any and all claims or causes of action for lost or anticipated profit, opportunity costs, consequential, indirect, punitive, or economic damages.
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13. Force Majeure. HEROIC makes every effort to provide and maintain Training and events in accordance with announced schedules. Times may arise, however, when circumstances dictate that the Company make certain changes. As such, the parties agree that HEROIC shall be excused for any delays or changes to Training beyond its reasonable control including, but limited to, fire, acts of god, earthquakes, flooding, civil unrest, epidemics or pandemics, each of which includes regulations or other complications arising from same (each, a “Force Majeure Event”). HEROIC shall use commercially reasonable efforts to resume performance as quickly as reasonably possible as determined in HEROIC’s sole discretion. HEROIC shall not, however, be obligated to provide any refunds arising from or relating to a Force Majeure Event under any circumstances.
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14. Termination. HEROIC reserves the right to terminate your participation in any HEROIC program, including without limitation the termination of this Agreement, upon the occurrence of any of the following, in each case as determined by HEROIC in HEROIC’s sole discretion:

• The Client’s material breach of any term of this Agreement an Enrollment Form, or any other binding arrangement related to the association, or interaction between the parties hereto;
• The Client’s use or performance of discriminatory or hate speech;
• Conduct which interferes with the learning or experience of others within any HEROIC program, including defamation or slander of HEROIC, its personnel, or its programs; and,
  
• Repeated or significant disruption by the Client that impacts upon HEROIC’s ability to teach the Client or others within the Community.
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‍15. Entire Agreement.  This Agreement, together with any Enrollment Order, constitutes the parties’ entire agreement and supersedes all prior agreements, understandings, and proposals (whether written or oral) concerning the matters specified therein and can only be modified in writing signed by both parties. This Agreement shall be legally binding upon, and inure to the benefit of, HEROIC and its successors and assigns.