Privacy Policy

1. Parties to Contract. These Terms and Conditions constitute a legally-binding contract (“Agreement”) between Southwestern Consulting, Inc. (“SWC”) and the participating student if of majority age unless a parent or other third party expressly agrees to assume the obligations of this contract on behalf of the adult student, or, the student’s custodial parent, legal guardian or program sponsor (“Parent”) if the student is not of majority age under applicable law (which, in either event, the program participant is referred to herein as the “Student””).
2. The Program. The Parent or Student, whichever applies based on Section 1. above, engages the services of SWC for the following, the composite of which is designated as the College Prep program as notated on the front of this agreement that the Student elects to complete (the “Program”):

(a) 1 x group one hour call per week at a specified time for 8 consecutive weeks (“Term”); and

(b) Program’s digital and print materials; and

(c) The calls made a part of the Program (i) will be conducted at a specified time each week; (ii)   will not be rescheduled; and (iii) if the Student fails to attend any such call, that missed call shall be forfeited and not offered again; and

(d) Access to call recordings.

3. Fee. The responsible Parent/Student shall pay a one-time, upfront, non-refundable fee of $598.00 for the entire Program. Non-payment shall cause the Student’s (a) immediate ineligibility in the Program, and (b) forfeiture of all rights and privileges associated with the Program entered under this Agreement.
4. Commitment. The Student pledges his/her/their commitment to applying best efforts to optimize the Student’s learning experience provided by the Program. Unless provided otherwise in writing as approved by SWC, the Parent agrees to be solely responsible to SWC for full and timely payment for the Program.
5. Term. Student commits to diligently participate for the full term of the Program upon signing this Agreement.
6. Cancellation. The Parent or Student, whichever applies based on Section 1. above, may terminate this Agreement and cancel further participation in the Program upon 3 business days’ written notice to SWC prior to the beginning of the Program in which event (a) Student forfeits all rights to further participate in the Program entered under this Agreement or receive any materials or other training related thereto; (b) any fees paid for the Program prior to termination shall be non-refundable; and (c) the rest of this Agreement, including, without limitation, Section 9, Confidentiality, shall survive said termination and shall remain in full force and effect. SWC reserves the right to terminate this Agreement at any time upon providing Parent or Student, whichever applies under Section 1. above, with 3 business days’ written notice, in which event SWC shall refund any fees paid for Program services not rendered under this Agreement, and Parent/Student shall not be obligated to pay any additional fees to SWC.
7. Limited Liability.
   3. SWC asserts, and the Parent and Student each acknowledge and agree, that the Program is designed for individuals who clearly understand that they are responsible for their own self-advancement, college admission preparation, and success in the Program and later in any subsequent collegiate results. SWC shall not be liable to the Student, any parent, guardian or Program sponsor of the Student, any institution, or any other third party for the Student’s admission to and performance in any educational or vocational institution of higher learning or certification, or for any conduct, acts and omissions of the Student, or any loss of job or career opportunity that otherwise would have been afforded to the Student whether or not the Student participates in or completes the Program. The Parent or Student, whichever applies under Section 1. above, for themselves and for their respective spouse, issues, heirs, beneficiaries, estate, representatives and assigns, if any become the case, agrees to DISCHARGE and HOLD HARMLESS Southwestern Consulting, Inc., its parent and related entities and their respective officers, directors, employees, representatives, partners, coaches, agents, successors and assigns from any and all demands, claims, actions, injuries, losses, damages, liabilities, expenses and any other obligations arising or occurring from or incidental to Student’s participation in the Program and SWC’s services rendered hereunder.
8. Governance. This Agreement is made in Nashville, Tennessee and is governed by Tennessee law. If SWC brings suit to collect fees due hereunder or to otherwise enforce its rights and entitlements under this Agreement, each party shall submit exclusively to the courts of competent jurisdiction, state and federal, situated in Nashville, Davidson County (Middle District), Tennessee in which event each party shall WAIVE ALL RIGHTS TO A JURY TRIAL. If SWC prevails in any such suit, SWC shall be entitled to recovery of its reasonable attorneys’ fees and costs incurred in connection therewith in addition to any other damages, rights and remedies that are awarded to SWC in connection therewith.
9. Confidentiality.
   3. Nothing in this Agreement or anywhere else grants any license or permission to the Parent or Child or any third party to possess, use, disclose, commercially exploit, sell, or license any trade secrets, intellectual property, proprietary systems and techniques, and/or an related property interests, or any other assets of SWC other than for the limited purpose of the Student participating in the Program.
   4. The Parent and Student each agree not to directly or indirectly cause, induce, or allow the reproduction, copying, duplicating, transferring, uploading, modifying, plagiarizing, reselling, licensing, passing off, or commercial exploitation of any trademarks, copyrighted content, other intellectual work product, or trade secrets of SWC except for the sole purpose of participating in and learning from the Program in the manner intended and permitted by SWC and its assigns, and for no other reason.
   5. In the event SWC seeks publicity for the Program and/or the Student receives financial support or public sponsorship for the Program, SWC, its agents and assigns reserve the right, and the Parent and Student hereby grant such right, for SWC to post images of the Student and/or their respective testimonials and/or publish and engage in marketing such details including, without limitation, the Student’s participation in and/or rating of the Program.
10. Parties Bound. Neither the Parent nor the Student will assign or transfer any Program entitlements or obligations under this Agreement to any third party. SWC may in its sole discretion assign or delegate any portion of the Program to one or more employees, coaches or speakers of its choice as prevailing circumstances dictate.
11. Severability. If any part of this Agreement is deemed legally unenforceable, the rest of this Agreement shall remain in full force and effect.
12. Entirety. This Agreement with all of its provisions and terms constitute the sole and entire understanding and agreement of the parties relative to the subject matter hereof and govern and supersede all prior representations, understandings and agreements as between the parties respecting the subject matter hereof.
13. Waiver; Amendments. All notices, waivers, amendments and binding modification relative to this Agreement will not be legally effective unless in writing and signed and dated or otherwise expressly acknowledged by at least the party to be charged therewith, and the parties agree that confirmed as received and opened email will constitute a writing.
14. Notices. Any written notice to be given hereunder to the Student and/or to the Parent will be delivered to the Parent or Student, whichever applies under Section 1. above, at the address entered on the front or first page of this Agreement form and will be delivered either personally or via express mail or via email. Notice to SWC shall be given to Southwestern Consulting, Inc., Attn: CFO, 2451 Atrium Way, Nashville, TN 37214. This Agreement is intended to be executed electronically/digitally but also may be executed in print if circumstances dictate.
15. Parental Consent. Where required by state law, for a minor Student, the Parent shall execute a Parental Permission in the form presented by SWC as a condition to this Agreement taking effect. Southwestern Consulting uses testimonials of Students, whether or not a minor, to promote, market, and/or confirm the usefulness of its Program(s). In so doing, SWC will limit identification of the Student in question to a combination of only first name, school grade level and/or city/state of residence but no other personal information or other information that identifies the actual student. By enrolling in SWC’s Program, the Student and/or the Parent if the Student is a minor, consent to such limited use and acknowledge the understanding that any such testimonial belongs exclusively to SWC and its assigns and no other person or firm. Such information will never be sold, leased, or shared with any third parties for commercial exploitation.

Std 080223