Last updated: October 3, 2023

These TERMS AND CONDITIONS (“Agreement”) govern your relationship with Spofford Media Group LLC (“Spofford Media”), which is furnishing the coaching services of Eric Spofford (“Eric Spofford”). Spofford Media, Eric Spofford, and any entity or trust in which they have a direct or indirect ownership, beneficial interest, or affiliation are collectively the “Spofford Parties”.

Please read this Agreement carefully. By accepting the terms of this Agreement, you are agreeing to be bound by all the terms, conditions, covenants, waivers, and disclaimers described below. If you do not agree to any term in this Agreement, you must not indicate your acceptance. Spofford Media may modify this Agreement in its sole and absolute discretion at any time and without notice to you.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THIS AGREEMENT TO RESOLVE ALL DISPUTES WITH ANY OF THE SPOFFORD PARTIES. 

Coaching Services. Subject to the terms of this Agreement and your timely payment of the Monthly Fee, Spofford Media shall furnish to you the monthly coaching services of Eric Spofford who will provide such services in accordance with the membership type you have selected (collectively, the “Services”). The Services may include in-person events, including events hosted by Eric Spofford at his Miami residence, on his yacht, or elsewhere, your participation in which is subject to the terms and conditions of this Agreement.  

Membership Types. Subject to the terms of this Agreement and your timely payment of the Monthly Fee, you will be eligible to receive the Services associated with the membership type you have selected (each, a “Membership Type”). A description of the Services for each Membership Type is available on the website. The Services for each Membership Type may be modified, changed, altered, changed, or terminated in Spofford Media’s sole and absolute discretion with or without notice to you. Upon your acceptance of this Agreement and timely payment of the Monthly Fee associated with your Membership Type, you will be deemed to have a “Membership”. 

Services Disclaimer. THE SERVICES DO NOT INCLUDE ANY FINANCIAL, INVESTMENT, LEGAL, TAX, OR OTHER ADVICE FOR WHICH A PROFESSIONAL LICENSE, A SPECIFIC DEGREE, OR SPECIFIC CERTIFICATION IS REQUIRED. NEITHER SPOFFORD MEDIA NOR ERIC SPOFFORD MAKE ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS RELATED TO THE QUALITY, EFFECTIVENESS, OR STANDARD OF CARE FOR THE SERVICES, THE RESULTS, OUTCOMES, ACHIEVEMENTS, OR RISKS ARISING FROM OR RELATED TO THE YOUR RECEIPT OF SERVICES, USE OR RELIANCE ON THE SERVICES IN ANY MANNER WHATSOEVER, OR YOUR PARTICIPATION IN ANY OF THE MEMBERSHIP TYPES. ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR COVENANTS HEREUNDER ARE DISCLAIMED. 

Scheduling. The Services shall be scheduled at the dates and times determined by Spofford Media. Spofford Media shall not have any obligation to schedule Services for a date or at a time requested by you. Spofford Media shall have the right to reschedule the Services, as determined by Spofford Media in its sole and absolute discretion, including to accommodate Eric Spofford’s professional and personal schedules, without having any obligation to refund you the Monthly Fee in the event such scheduling change conflicts with your ability to receive in the Services. 

Automatic Renewal. This Agreement starts when you or your authorized signatory accept the terms of this Agreement (the “Effective Date”). This Agreement continues and automatically renews monthly unless you cancel your Membership or it has been terminated by Spofford Media (the “Term”).

 

Cancellation. Subject to the terms of this Agreement, you may cancel your Membership at any time. If you cancel your Membership any time after a Monthly Fee has been paid for a given month, you will maintain Membership status for the remainder of that month and will continue to have access to the Services until the first of the next month. Once your Membership expires, you no longer are permitted to receive the Services.

Termination. Spofford Media reserves the right to terminate your Membership for any reason or no reason whatsoever.  

Monthly Fee. To receive the Services, you must pay the monthly membership fee associated with the Membership Type you have selected (the “Monthly Fee”). A description of the Monthly Fee for each Membership Type is available on the website. Payment will be processed through a third-party payment processor of Spofford Media’s choosing at its sole discretion and will be withdrawn on the date when you activate your Membership and on that same date every month thereafter until your Membership is canceled.  

Changes to the Monthly Fee. Spofford Media reserves the right to change the Membership Types, adjust the Monthly Fees, or otherwise alter the price for the Services and additional membership benefits in any manner and at any time as Spofford Media determines in its sole discretion. Any change to the Monthly Fee will be communicated to you and will take effect at a reasonable time thereafter. 

Other Fees. From time to time, Spofford Media may make additional Services or benefits available to anyone with a Membership. Those Services or additional benefits may require payment of an additional fee and you agree that access to such additional Services or benefits will require payment of an additional fee beyond the Monthly Fee. 

No Refunds. NEITHER THE MONTHLY FEE NOR ANY OTHER FEE PAID TO SPOFFORD MEDIA IS REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR SERVICES OR MEMBERSHIP BENEFITS THAT WERE NOT USED. 

By engaging in any purchase on this platform, you explicitly acknowledge and agree to our strict no-refund policy. Once a purchase is completed, it is deemed final and non-refundable. We have implemented this policy to safeguard the proprietary and confidential nature of the information we provide. It is imperative that you thoroughly review and understand these terms and conditions before making a purchase. By proceeding with your transaction, you are indicating your full acceptance and compliance with these outlined conditions. We appreciate your understanding and cooperation as we work to maintain the integrity and security of our services. If you have any questions or concerns, please do not hesitate to contact our customer support team at coaching@spoffordenterprises.com for assistance prior to making a purchase.

Image Rights. 

You acknowledge and agree that you have no right or authorization to use Eric Spofford’s name, signature, image, likeness, voice, expressions, real, or personal property without the express written consent of Spofford Media. You are not permitted to photograph, video record, or otherwise capture footage of Eric Spofford or his real or personal property without the express written consent of Spofford Media. You acknowledge and agree that any photograph, video recording, or other footage captured of Eric Spofford shall belong to Spofford Media Group, and you agree to and hereby assign all right, title, and interest (tangible, intangible, and moral) in any such photographs, video recordings, or other footage.   

 

You hereby irrevocably authorize the Spofford Parties to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, commercialize, and permit others to use, (a) your name, signature, image, likeness, expressions, voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by you (collectively, the “Materials”), in any manner, medium, form, or format whatsoever now or hereinafter created, including books and documentaries created by any of the Spofford Parties, on the Internet or on social networking sites, and for any purpose, including, but not limited to, advertising, marketing, promotion of any of the Spofford Parties or their services, without further consent from or payment to you, and you waive any right to inspect or approve the Materials.

It is understood that all of the Materials are the sole property of the Spofford Parties. You shall not contest the rights or authority granted to the Spofford Parties hereunder. You understand that you will not receive any compensation of any kind in connection with use of the Materials. You hereby forever release, waive, discharge, and covenant not to sue any of the Spofford Parties from and for any damages, injuries, losses, liability, claims, causes of action, litigation, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. You acknowledge and agree that the Spofford Parties shall have no obligation to use You in the Materials. 

Confidential Information. In connection with this your Membership, you acknowledge and agree that you will have learned, obtained, acquired and become aware of (collectively, “acquire”) information and items, and may in the future acquire information and items, relating to or concerning: (a) Spofford Parties and their families, friends, and associates (collectively, the “Related Parties”); (b) private and confidential matters concerning the Spofford Parties or any Related Parties; (c) financial, business, medical, legal, personal and contractual matters of, or pertaining to, the Spofford Parties or any Related Parties; and (d) letters, memoranda, contracts, photographs, film or other documents, recordings or writings pertaining in any way to Spofford Parties or any Related Parties. Such information and items may be contained in written materials, in written or verbal communications, and/or in your unwritten knowledge. You acknowledge and agree that all of the information and items described above that you have heretofore acquired or that you acquire in connection with your Membership are private and confidential and of great value to the Spofford Parties (collectively, the “Confidential Information”). You acknowledge that maintaining the confidentiality of all such Confidential Information is critically important to the Spofford Parties and is a material inducement to the Spofford Parties permitting you to have a Membership. 

Non-Disparagement. You agree that you will not (a) make any disparaging remarks about any of the Spofford Parties or any Related Parties, or do anything that may harm the reputation of the Spofford Parties or any Related Parties, (b) disclose any information concerning your personal relationship with any of the Spofford Parties, if any, (c) disclose the address, location or any other information relating to any of the Spofford Parties’ personal residences, nor (d) photograph, tape, film, or record any of the Spofford Parties, their voices, activities, property (personal and real), and even if an authorized signatory provides written consent is given, you agree that any photographs, tapes, films, or recordings shall be for your own private use and that you will not publish or otherwise disseminate or exploit, or authorize (directly or indirectly) the distribution, publication or other dissemination or exploitation of such photographs, tapes, films, or recordings without an authorized signatory’s further prior written consent in each instance. You acknowledge that if you have any question as to whether a particular piece of information is confidential, you shall treat that information as Confidential Information and you are obligated to obtain the written consent of an authorized signatory prior to disclosing any such information.  

Actions.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its choice of law principles. Any claim, controversy or dispute arising out of or relating to this Agreement, including an actual or alleged breach thereof, (“Dispute”) shall first be submitted to the American Arbitration Association (“AAA”) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to arbitration under the applicable Rules of the AAA for final and binding arbitration. Judgment upon the award rendered in the arbitration proceeding may be entered in any court having jurisdiction thereof. Either party may commence mediation by providing to the AAA and to the other party a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with the AAA and with one another in selecting a mediator from the AAA panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs, which costs will not include costs incurred by a party for representation by counsel at the mediation. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any AAA employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the Dispute submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. 

Arbitration shall proceed only on an individual basis. The parties waive all rights to have their Disputes heard or decided by a jury or in a bench trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any Dispute between the parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which shall be determined by a court of competent jurisdiction.

The mediation and arbitration shall be held at a location in Manchester, New Hampshire. Neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration proceeding hereunder without the prior written consent of both parties.  

 EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

EACH PARTY FURTHER AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless agreed in writing otherwise, the arbitrator may not consolidate more than one person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

IN NO EVENT SHALL THE SPOFFORD PARTIES BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT FOR LOST BUSINESS, FUTURE PROFITS, LOSS OF GOODWILL, REIMBURSEMENT FOR EXPENDITURES, OR INVESTMENTS MADE OR COMMITMENTS ENTERED INTO, WHETHER FORESEEABLE OR NOT.

 

IN NO EVENT SHALL ANY PROJECTIONS OR FORECASTS BY ANY OF THE SPOFFORD PARTIES BE BINDING AS COMMITMENTS OR PROMISES OR CONSTITUTE REPRESENTATIONS, WARRANTIES, OR COVENANTS HEREUNDER, ALL OF WHICH ARE DISCLAIMED.  

Waiver. The failure of a party to exercise any of the rights granted to such party upon the occurrence of any of the contingencies set forth in this Agreement or its failure to insist upon strict adherence to any term or condition of this Agreement on any one occasion shall not be construed a waiver or deprive that party of the right thereafter to insist upon strict adherence to that or any of the other terms and conditions of this Agreement at any time.

Paragraph Headings. Paragraph headings are for reference purposes only and are not intended to and shall not create substantive rights or obligations or be used to interpret meaning.

Survival of Terms. The warranties, representations, and other remedies afforded to each party to this Agreement and any other terms which must survive to give effect to their meaning, shall survive the termination and/or expiration of this Agreement.

Enforceability of Terms. If any provision of this Agreement is invalid or unenforceable, that provision shall be deemed stricken from this Agreement and the balance of this Agreement shall remain in effect unless the provision stricken is of the essence of this Agreement, and if any provision is inapplicable to any particular circumstance, it shall nevertheless remain applicable to all other circumstances.

Entire Agreement. These terms and conditions of this Agreement constitute the entire understanding with respect to the subject matter of this Agreement and supersede all prior or inconsistent agreements, oral or otherwise. No waiver, modification, or amendment to this Agreement shall be valid unless in writing and signed by Eric Spofford. Email or other electronic communications shall not constitute a signed writing for waiver, modification, or amendment purposes hereunder.

This Privacy Policy outlines how personal information is collected, used, and disclosed by Spofford Media Group LLC (“we,” “our,” or “us”) when you visit or interact with our website. By using our website, you agree to the collection and use of your personal information as described in this Privacy Policy.

Information Collection and Use

We may collect personal information that you voluntarily provide to us when you interact with our website. This information may include but is not limited to your name, email address, contact information, and any other information you choose to provide.

Additionally, like many other websites, we may also automatically collect certain information when you visit our site. This may include your IP address, browser type, device information, and usage data through the use of cookies or similar technologies. This information helps us analyze trends, administer the site, track user movements, and gather demographic information.

Use of Information

We may use the information we collect for various purposes, including:

To personalize your experience and provide you with customized content.

To improve our website's functionality and user experience.

To communicate with you regarding updates, newsletters, promotions, or other information you may be interested in.

To analyze and understand how users interact with our website.

Disclosure of Information

We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except in the following circumstances:

To trusted third-party service providers who assist us in operating our website or conducting our business, provided they agree to keep this information confidential.

When required by law or in response to a legal process or request.

Security

We take reasonable measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, please be aware that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of these websites before providing any personal information.

Children’s Privacy

Our website is not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you believe that a child under 13 has provided us with personal information, please contact us, and we will take steps to remove that information from our systems.

Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. Any changes will be effective immediately upon posting the updated Privacy Policy on this page.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at coaching@spoffordenterprises.com.