Terms and conditions
TERMS OF SERVICE & CODE OF CONDUCT
Jake Turner Performance, LLC | Jake Turner Life and Business Coach
Hendersonville, Tennessee | Governed by Tennessee Law
Last Updated: March 2026 — For Attorney Review Before Final Publication
PLEASE READ THESE TERMS OF SERVICE AND CODE OF CONDUCT (“AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES PROVIDED BY JAKE TURNER PERFORMANCE, LLC. BY ACCESSING THIS WEBSITE, PURCHASING ANY PRODUCT, ENROLLING IN ANY PROGRAM, BOOKING COACHING SERVICES, ATTENDING EVENTS, OR OTHERWISE USING ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. Parties, Scope, and Acceptance
1.1 Parties
This Agreement is entered into between Jake Turner Performance, LLC, a Tennessee limited liability company, and Jake Turner Life and Business Coach (collectively, the “Company,” “we,” “us,” or “our”), operating in Hendersonville, Tennessee, and the individual or entity (“Client,” “User,” or “you”) accessing or using any services, products, websites, or programs offered by the Company.
1.2 Acceptance
By using any Company service — including but not limited to visiting any Company website, purchasing a product or program, enrolling in coaching, attending a live or virtual event, or consuming any digital content — you represent that you have read, understood, and agree to be bound by this Agreement and all applicable policies incorporated herein by reference. If you do not agree, you must immediately cease use of all Company services.
1.3 Modification of Terms
The Company reserves the right to modify this Agreement at any time. Changes are effective upon posting to the Company website. Continued use of services following any modification constitutes acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically.
2. Description and Scope of Services
2.1 Services Offered
The Company provides personal development coaching, business coaching, performance consulting, educational content, digital products, physical products, live and virtual events, online programs, and related services (collectively, “Services”). Services are delivered through the Company website, third-party platforms, in-person sessions, telephone, and video conferencing.
2.2 Educational and Informational Nature
ALL SERVICES ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. Nothing in any Company service, program, content, or communication constitutes, or should be construed as, professional advice of any kind, including but not limited to medical, psychiatric, psychological, therapeutic, legal, financial, tax, investment, or nutritional advice.
2.3 Coaching Is Not Therapy
Life coaching and business coaching are distinct from licensed mental health therapy, counseling, or psychological treatment. Coaching does not diagnose, treat, cure, or prevent any mental health condition, emotional disorder, or medical condition. The Company expressly disclaims any therapeutic relationship with Clients. If you are experiencing a mental health crisis, symptoms of a psychological disorder, trauma responses, suicidal ideation, or any medical emergency, you are directed to seek immediate assistance from a licensed mental health professional, a licensed physician, or emergency services (911). The Company is not equipped to provide crisis intervention and accepts no responsibility for outcomes where professional care was warranted but not sought.
2.4 No Professional License
The Company does not hold licenses to practice medicine, psychology, law, financial advisory services, or any other licensed profession. No Company service creates a licensed professional-client relationship of any kind.
3. Eligibility and User Representations
3.1 Age Requirement
You must be at least eighteen (18) years of age to access or use the Services. By using the Services, you represent and warrant that you are at least 18 years old and legally capable of entering into a binding contract under the laws of your jurisdiction and under the laws of the State of Tennessee.
3.2 Accuracy of Information
You represent and warrant that all information you provide to the Company is true, accurate, current, and complete. You agree to update such information as necessary to maintain its accuracy. The Company reserves the right to terminate services immediately upon discovering that information you provided is false, misleading, or incomplete.
3.3 Business Entity Use
If you are accessing Services on behalf of a corporation, LLC, or other business entity, you represent and warrant that you have authority to bind that entity to this Agreement, and the term “you” shall refer to both the individual user and that entity.
4. Fees, Payments, and Billing
4.1 Payment Obligation
All fees for Services are due and payable at the time of purchase unless otherwise agreed in writing by an authorized representative of the Company. The Company does not extend credit or defer payment without a written payment plan agreement signed by both parties.
4.2 Pricing
The Company reserves the right to modify pricing for any Service at any time without prior notice. Price changes do not apply retroactively to completed purchases. The Company further reserves the right to refuse service, cancel orders, and limit quantities at its sole discretion.
4.3 Payment Processing
Payments are processed through third-party payment processors (including but not limited to Stripe and PayPal). The Company does not store, retain, or have access to full payment card data. By submitting payment, you authorize the Company and its payment processors to charge the payment method provided. You agree to maintain valid payment information on file for any subscription or installment-based services.
4.4 Failed Payments and Collections
In the event of a failed payment, the Company reserves the right to immediately suspend access to Services until payment is received. Accounts delinquent beyond thirty (30) days may be referred to a collections agency or attorney, and you agree to be responsible for all costs of collection, including reasonable attorneys’ fees, to the extent permitted by Tennessee law.
5. Refund and Cancellation Policy
5.1 Digital Products
All sales of digital products, including but not limited to downloadable PDFs, audio files, video content, online courses, and digital programs, are FINAL and NON-REFUNDABLE upon purchase or access, whichever occurs first. By completing a purchase of a digital product, you expressly acknowledge and waive any right to a refund.
5.2 Coaching Sessions
Individual coaching sessions are non-refundable once the session has been delivered. Cancellations made less than twenty-four (24) hours before a scheduled session forfeit that session fee in full. The Company may, at its sole discretion, offer a rescheduled session in lieu of a refund, but is not obligated to do so.
5.3 Programs and Group Coaching
Multi-session programs and group coaching enrollments are non-refundable unless a written money-back guarantee is explicitly stated in the specific program’s sales materials at the time of purchase. Any written guarantee is limited strictly to the terms stated for that specific program and does not extend to any other product, program, or service.
5.4 Physical Products
Physical product returns are accepted only for items that are defective upon arrival or shipped in error. Return requests must be submitted in writing to jake@jakepaulturner.com within fourteen (14) days of receipt. The Company reserves the right to require photographic evidence of defect prior to authorizing a return. Return shipping costs are the responsibility of the buyer unless the error was made by the Company.
5.5 Events
Event tickets and registrations are non-refundable unless the Company cancels the event. In the event of Company cancellation, the Company’s sole obligation is a refund of the ticket purchase price. The Company is not responsible for travel, lodging, or any other costs incurred in connection with attending or planning to attend an event.
6. Disclaimers of Warranties
6.1 No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES ALL SERVICES, PRODUCTS, AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.
6.2 No Guarantee of Results
THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND REGARDING OUTCOMES, RESULTS, INCOME, BUSINESS SUCCESS, PHYSICAL HEALTH IMPROVEMENTS, MENTAL HEALTH IMPROVEMENTS, RELATIONSHIP OUTCOMES, PERSONAL DEVELOPMENT ACHIEVEMENTS, OR ANY OTHER RESULT FROM USE OF THE SERVICES. Testimonials, case studies, and examples displayed are individual results and are not guarantees or projections of results for any other person. Individual outcomes vary significantly based on effort, experience, background, market conditions, and factors entirely outside the Company’s control. In compliance with FTC guidelines (16 C.F.R. Part 255), all endorsements and testimonials reflect honest opinions and do not imply typical results.
6.3 Technology Disclaimer
The Company does not warrant that its website, digital platforms, or technology tools will be uninterrupted, error-free, or free of viruses or other harmful components. You assume full responsibility for any damage to your devices or loss of data resulting from your use of the Company’s digital properties.
7. Limitation of Liability
7.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JAKE TURNER PERFORMANCE, LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Cap on Liability
THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7.3 Basis of the Bargain
You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between you and the Company. The Company would not have provided Services at the offered price without such limitations.
8. Assumption of Risk and Release
8.1 Voluntary Participation
You voluntarily choose to access and use the Services with full knowledge that participation involves inherent risks. You expressly assume all risks associated with participation in any coaching, fitness, business, or personal development program offered by the Company, including but not limited to physical injury, emotional discomfort, financial risk, business setback, and personal decision outcomes.
8.2 Release of Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE JAKE TURNER PERFORMANCE, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR PARTICIPATION IN ANY PROGRAM OR EVENT, YOUR IMPLEMENTATION OF ANY COACHING ADVICE, OR ANY DECISION YOU MAKE BASED UPON INFORMATION OR COACHING PROVIDED BY THE COMPANY.
9. Indemnification
You agree to defend, indemnify, and hold harmless Jake Turner Performance, LLC and its members, officers, employees, contractors, affiliates, successors, and assigns from and against any and all third-party claims, actions, demands, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your access to or use of the Services; (b) your violation of any provision of this Agreement; (c) your violation of any applicable law, rule, or regulation; (d) your misuse of any Company materials, content, or intellectual property; (e) any content or information you submit to the Company; or (f) any dispute between you and a third party arising from your use of the Services.
10. Code of Conduct and Prohibited Uses
10.1 Acceptable Use
You agree to use the Services solely for lawful purposes and in accordance with this Agreement. You agree to conduct yourself professionally and respectfully in all interactions with Company staff, coaches, and other clients or community members.
10.2 Prohibited Conduct
You are strictly prohibited from engaging in any of the following:
- Using the Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
- Harassing, threatening, intimidating, defaming, or abusing the Company, its employees, contractors, or other clients
- Recording, screenshotting, or otherwise capturing any coaching session or live event without prior written consent from the Company
- Sharing, reproducing, distributing, reselling, or publicly posting any Company content, course materials, frameworks, or proprietary methodologies without written permission
- Initiating chargebacks or payment disputes in bad faith or without first contacting the Company
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity
- Attempting to gain unauthorized access to any Company system, platform, or content
- Submitting false, fraudulent, or misleading information in any Company application, intake form, or communication
- Engaging in any conduct that the Company, in its sole discretion, deems harmful to the Company’s reputation, business interests, or community
11. Intellectual Property Rights
11.1 Company Ownership
All content made available through the Services, including but not limited to coaching frameworks, methodologies, curricula, course materials, videos, audio recordings, PDFs, worksheets, templates, written content, branding, trademarks, service marks, trade dress, logos, website design, and all derivative works thereof, are the exclusive intellectual property of Jake Turner Performance, LLC and are protected under applicable United States copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and applicable Tennessee state law.
11.2 Limited Personal License
Upon purchase of a digital product or enrollment in a program, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the applicable content solely for your own personal, non-commercial use. This license does not include the right to sublicense, share, distribute, reproduce, modify, publicly display, sell, or create derivative works from any Company content.
11.3 Prohibited Uses of Content
You may not: (a) share login credentials or access links with any third party; (b) upload, post, or transmit any Company content to any platform, website, or service; (c) teach, train, coach, or instruct others using Company methodologies or materials as your own; (d) screenshot or excerpt course content for public posting on any social media platform or website; or (e) use Company content to create competing products or services. Violation of this Section may result in immediate termination of access and legal action for copyright infringement, which may include claims for statutory damages under 17 U.S.C. § 504.
11.4 User-Generated Content
Any content you submit to the Company, including testimonials, feedback, photos, videos, comments, or other materials, is granted to the Company under a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute such content in any media or format for marketing, advertising, and business purposes. You represent and warrant that you own or have all necessary rights to such content and that it does not infringe upon any third-party rights.
12. Session Confidentiality and Recording Policy
12.1 No Recording Without Consent
All coaching sessions, whether conducted in person, by telephone, or via video conferencing, are strictly confidential. You are expressly prohibited from audio recording, video recording, screenshotting, transcribing, or otherwise capturing any session without the prior express written consent of the Company. Unauthorized recording constitutes a violation of this Agreement and may violate applicable wiretapping and eavesdropping laws.
12.2 Company Confidentiality
The Company will use reasonable efforts to maintain the confidentiality of personal information disclosed during coaching sessions. However, the Company may be required to disclose information pursuant to a court order, subpoena, or applicable law. The coaching relationship does not create an attorney-client, therapist-patient, or any other legally privileged relationship.
13. Chargebacks and Payment Disputes
You agree to contact the Company in writing at jake@jakepaulturner.com within forty-eight (48) hours of any billing discrepancy or concern before initiating any chargeback, dispute, or reversal with your payment provider or financial institution. Initiating a chargeback without first contacting the Company in good faith constitutes a material breach of this Agreement. In the event of an unauthorized or bad-faith chargeback, the Company reserves the right to: (a) immediately terminate all services and revoke all program and digital content access; (b) pursue collection of the disputed amount plus applicable fees and costs; (c) report the dispute to credit reporting agencies or collections services to the extent permitted by law; and (d) seek recovery of attorneys’ fees and litigation costs in any resulting legal proceeding.
14. Communications and Marketing Consent
14.1 Email Communications — CAN-SPAM Compliance
By providing your email address in connection with any Company service, you consent to receive transactional and marketing communications from the Company. All commercial email communications comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and include a valid physical address, clear identification as a commercial message, and a functional opt-out mechanism. You may unsubscribe at any time by clicking the unsubscribe link in any commercial email. Opt-out requests will be honored within ten (10) business days.
14.2 SMS and Text Message Communications — TCPA Compliance
By providing your mobile telephone number to the Company, you expressly consent to receive autodialed or manually dialed text messages (SMS) from the Company for marketing, informational, and transactional purposes. This consent is not a condition of purchase. Standard message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP to any Company text message. For assistance, reply HELP. The Company’s SMS practices comply with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations.
15. Testimonials and Endorsements — FTC Compliance
All testimonials, case studies, results, and endorsements displayed by the Company reflect the honest opinions and individual experiences of clients and are not guarantees of typical results. In compliance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (16 C.F.R. Part 255), any material connection between the Company and an endorser (including free products, compensation, or discounts provided in exchange for a review) will be clearly disclosed. By submitting a testimonial or review, you confirm that your statements are truthful, reflect your genuine experience, and are not misleading. You further grant the Company the rights to use your submission as described in Section 11.4 of this Agreement.
16. Termination of Services
16.1 Company’s Right to Terminate
The Company reserves the right, in its sole and absolute discretion, to suspend or permanently terminate your access to any or all Services at any time, with or without notice, for any of the following reasons: (a) violation of any provision of this Agreement; (b) abusive, threatening, or harassing conduct directed at Company personnel or other clients; (c) non-payment of any amounts due; (d) misuse of Company intellectual property or proprietary materials; (e) submission of false or fraudulent information; (f) initiation of bad-faith chargebacks or payment disputes; or (g) any other conduct the Company determines, in its sole discretion, to be harmful to the Company, its clients, or its business interests.
16.2 Effect of Termination
Upon termination, your right to access and use all Services immediately ceases. No refund shall be issued in connection with a termination for cause under Section 16.1. The Company reserves the right to pursue any additional legal or equitable remedies available under applicable law. Provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 6, 7, 8, 9, 11, 17, and 18.
17. Force Majeure
The Company shall not be liable for any delay or failure in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, hurricanes, floods, fires, pandemics, epidemics, war, civil unrest, terrorism, government action or restriction, labor strikes, internet or telecommunications outages, power failures, or third-party platform failures. In the event of a force majeure event, the Company will make reasonable efforts to resume services as soon as practicable.
18. Dispute Resolution, Governing Law, and Arbitration
18.1 Governing Law
This Agreement and any dispute arising out of or relating to it or the Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
18.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to contact the Company in writing at jake@jakepaulturner.com and provide a detailed description of the dispute. The parties agree to negotiate in good faith for a period of thirty (30) days (“Negotiation Period”) to attempt informal resolution. This Section does not apply to claims for injunctive or equitable relief related to intellectual property violations.
18.3 Binding Arbitration
If the parties cannot resolve the dispute through informal negotiation, any dispute, controversy, or claim arising out of or relating to this Agreement, the Services, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, with proceedings conducted in Sumner County, Tennessee. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator shall apply Tennessee law and shall have authority to award any remedy available under Tennessee law.
18.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST THE COMPANY. All disputes must be brought in your individual capacity only.
18.5 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in a court of competent jurisdiction exercising small claims jurisdiction, provided the claim qualifies for such court under Tennessee law.
19. General Provisions
19.1 Entire Agreement
This Agreement, together with any program-specific agreements, purchase confirmations, and the Privacy Policy incorporated herein by reference, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
19.2 Severability
If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
19.3 Waiver
The Company’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver by the Company of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.
19.4 Assignment
You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets, or by operation of law.
19.5 Contact Information
Jake Turner Performance, LLC
Hendersonville, Tennessee, USA
Email: jake@jakepaulturner.com