Performance Coach Agreement

The following are sections of the 3 Key Elements Terms of Service which are included here for convenience only. The Terms of Service is part of, and incorporated within, the 3 Key Elements Terms of Participation, Terms of Purchase, and Privacy Policy (collectively the “Agreement”) which are available at, and will also be sent by mail or fax to You upon request.

Program Attendance: The Programs include a specific number of sessions. If You are assigned a Group or Team, Your opportunity to work with other participants is limited to those in Your assigned Group or Team, and ends with the final session unless further Programs are arranged.

Program Mentors: 3 Key Elements reserves the right to substitute or reassign the Program mentor at any time, at 3 Key Elements’ sole discretion.

Program Participation: Participation in the Programs is voluntary and the results You experience are based upon Your level of participation:

a. You agree that You will take personal responsibility to attend and participate in the Programs and assignments. Your success in a Program is based upon Your personal actions and the level of commitment You apply. You are responsible to identify appropriate goals and to complete the action steps You set.

b. Your emotions may surface at any point. You are responsible for how much You share and express in the Programs. You acknowledge that You take responsibility for Your feelings and will respectfully participate in the Programs to learn and gain new insight.


1. Agreement: This Terms of Participation is part of, and incorporated within, the 3 Key Elements Terms of Service, Terms of Purchase, and Privacy Policy (collectively the “Agreement”) which are available at, and will also be sent by mail or fax to You upon request. This Agreement constitutes a legally binding agreement between 3 Key Elements, Inc. (“3 Key Elements”) and purchaser or participant (“You” or Your”) (collectively the “Parties”) as part of Your purchase of CDs, merchandise, or products (the “Products”) or Your purchase of or in consideration for 3 Key Elements permitting You to observe, work for, volunteer in, or participate in any way in any courses, events, services, or programs (the “Programs”) (collectively the “3 Key Elements Offerings”). You expressly acknowledge that You have read and understand this Agreement in its entirety, and You agree to be bound by the terms and conditions of this Agreement, including any modifications to this Agreement or additional policies incorporated by reference, which 3 Key Elements may make by notifying You or by posting a new Agreement online at If at any time You disagree with this Agreement, or any part of it, Your sole remedy is to cease access to all 3 Key Elements Offerings. Please note, however, that any transaction or participation which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this Agreement. In the event You transfer Your ownership of any 3 Key Elements Offerings, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.

2. Fitness: You agree that You are of sound mind and not currently under any psychiatric care, under which You have been advised against participating in a Program of this kind. You also agree that You are not taking over-the-counter medication or substances that alter mental capacity. If You are using a prescribed anti-depressant or prescribed stimulant, You agree that You are participating in the Programs under Your own free will. You further agree not to discontinue care or prescribed medications until approved by Your health care provider.

3. Photo Release: You grant to 3 Key Elements and its authorized representatives permission to record Your participation using recording devices of any kind including photography, video, and/or audiovisual technology; and consent to your voice, name, and/or likeness being used, for exploitation in any and all media, whether now known or hereafter devised, in perpetuity, without payment of fees, royalties, special credit or other compensation.


a. Assumption of Risk: You acknowledge and agree (1) that You understand the nature of the Programs; (2) that You are qualified, in good health, and in proper physical condition to participate therein; (3) that there are certain inherent risks and dangers, both known and unknown, associated with participation in the Programs including, but not limited to, permanent disability or death, social and economic losses, costs, damages, and other risks not readily foreseeable at this time (collectively, the “Risks”); (4) these Risks may be caused by Your own actions or inaction, the actions or inaction of others participating in the Programs, the conditions in which the Programs take place, or the ordinary negligence of the “Releasees” named below; and (5) You knowingly and voluntarily fully accept and assume all such Risks and all responsibility for each of these Risks that could arise out of, occur during, or You incur as a result of Your participation in the Programs.

b. Release and Waiver: You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, 3 Key Elements, or any subdivision thereof, its related parties, affiliates, officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (collectively, the “Releasees”), from and for any liability for any personal injury, accident, illness, permanent disability or death, and/or property loss, caused in whole or in part by Releasees ordinary negligence, or arising from, or in any way related to, Your participation in the Programs.

c. Indemnification and Hold Harmless: You also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, demands, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Your participation in the Programs.

d. Severability: You expressly agree that You have read and fully understand the entire foregoing assumption of risk, release and waiver of liability, and indemnity agreement in which You have given up substantial rights by signing, and intend Your signature to be a complete and unconditional release of all liability to the fullest extent allowed by law with the assumption of risk, release and waiver of liability, and indemnity agreement to be as broad and inclusive as is permitted by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I certify that I have read and agree to the 3 Key Elements Terms of Participation, effective on the date below. 3 Key Elements, Inc. limits acceptance to the terms as provided, and objects to any other additional or different terms.


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Signature Certificate
Document name: Performance Coach Agreement
lock iconUnique Document ID: 25b8b404b77207308a433faf817de225f811fb5a
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October 9, 2017 3:40 pm MSTPerformance Coach Agreement Uploaded by Ammon Martin - IP