CONGRATULATIONS & WELCOME!

By becoming (or continuing as) a Certified Productive Environment Specialist™ (CPES) licensed by Productive Environment Institute, hereafter referred to as PEI, you expressly agree and accept this license agreement.

Please make sure you read the terms & conditions of this license agreement carefully. Your signed acknowledgement of this agreement is required for you to remain in good standing as a CPES, in addition to fulfilling program training requirements and payment of the annual licensing fee.

1.0 Use of PEI and Barbara Hemphill’s intellectual property is licensed, not sold, to you for use in your business; PEI and Barbara Hemphill reserve any other rights not expressly granted to you.

2.0 Certified Productive Environment Specialists™ are licensed and certified to use and deliver all of these trademarked, proprietary terms and services, including:

• The Productive Environment Scorecard™ for Individuals and Teams (and any new Scorecards created by PEI during your membership period)

• The Productive Environment Process™ Worksheet

• The Productive Environment Solution™, including but not limited to the following concepts, products and services:

• The File-Act-Toss System™

• The Art of Wastebasketry®

• The Magic 6™: Six Core Components of a Productive Office

• Productivity QuickStart™

• Office Transformation VIP Day™ and Office Transformation QuickStart™

• Productive Environment Day™ and Productive Environment Intensive™

• Paper Productivity System™

• Digital Productivity System™

• Taming the Paper Tiger in the Digital Age™ Seminar and other related Seminars

• The Seven Information Management Questions™

• Productive Environment Principles, including, but not limited to:

o Productive Environment™: An intentional setting in which you can accomplish your work and enjoy your life.

o A Productive Environment is a PROFITABLE Environment™.

o Organizing is an Art. Ask yourself, “What will I do?”

o Clutter is Postponed Decisions®. Remember: File-Act-Toss SYSTEM™

o SYSTEM: Saving You Space Time Energy Money

o Hemphill’s Principle: If you don’t know you have it, or you can’t find it, it is of no value to you!”

• Any other intellectual property developed and trademarked by PEI, Barbara Hemphill, and/or Andrea Anderson for the purpose of adding value to the CPES program

3.0 Certified Productive Environment Specialists™ are licensed to resell and earn commissions on the resale of the following products and services as a part of the PEI Affiliate program:

• Swiftfile and other Swiftfile resources

• Book--Taming the Paper Tiger at Work, by Barbara Hemphill

• Book-- Organizing Paper @Home: What to Toss and How to Find the Rest, co authored by Barbara Hemphill & Jennifer Wig

• Book—Bushido Business, co authored by Barbara Hemphill

• Ebook--Love It or Lose It, Living Clutter Free Forever, co authored by Barbara Hemphill and Maggie Bedrosian

• Less Clutter More Life by Barbara Hemphill, illustrated by Louise Wannier

• Office Transformation QuickStart™

• Productive Environment Finding SYSTEM™ Basics

4.0 Unlawful copying, duplicating, selling, lending, renting, hiring, of any intellectual property or otherwise distributing of PEI materials or services is strictly forbidden.

5.0 The products and services included within all of PEI's products are licensed, not sold, to you for use within your organizing and productivity business.

6.0 As a CPES in good standing, you are authorized to adapt these materials for your usage; however, one of the following footers must be clearly printed on all documents and websites related to the use of PEI and/or Barbara Hemphill’s intellectual property and the Certified Productive Environment Specialist™ program:

6.1 If used “as is” with no changes: Used with permission. © 2005 – 2023 Productive Environment Institute

6.2 If edited, adapted, or altered in any way (incorporation of your brand, logo, additional information): Adapted with permission. © 2005 – 2023 Productive Environment Institute

7.0 It is your responsibility to obtain approval from PEI for any materials that may have questionable use of PEI/Barbara Hemphill’s intellectual property or branding. Please be aware that PEI will monitor and enforce this agreement in regards to use of PEI/Barbara Hemphill’s intellectual property, including but not limited to product descriptors, terminology and marketing materials. Please send items for review to andrea@productiveenvironment.com.

8.0 The licensee may use the intellectual property in the delivery of organizing and productivity consulting services with their clients.

9.0 The intellectual properties and training fees are licensed 'as is' without warranties of any kind. PEI and/or Barbara Hemphill cannot be held responsible for any direct, indirect or consequential loss arising from the use of any products or services.

10.0 PEI respects your right to represent and recommend suitable products or services to your clients based upon their needs; however, a CPES may not utilize the PEI and/or Barbara Hemphill’s intellectual property to sell, promote or market a product or service not endorsed by PEI, or deemed as a competitive product to PEI.

11.0 The designations of 'PTAC' and 'Paper Tiger Authorized Consultant' are registered trademarks owned by Barbara Hemphill. Both of these designations have been retired and may no longer be used. All references to and logos depicting these designations must be removed from all marketing materials and websites.

12.0 Only official PEI and CPES logos may be displayed on your website and any marketing materials when promoting products or services licensed to you by PEI.

13.0 As a CPES, you agree to respect PEI vendor relationships and will not seek to work around PEI to initiate any other agreement or contract with existing PEI Affiliates or vendors that could be deemed as direct competition with PEI products or services.

14.0 This license agreement is non-transferable. This means you cannot sell the rights to adapt or utilize PEI and/or Barbara Hemphill’s intellectual property to another person or company. Only PEI and/or Barbara Hemphill have the right to enter into a license agreement for use of its intellectual property. Any infringement of this license will be pursued to the fullest extent of international law.

15.0 PEI reserves the right to revoke the CPES license as a result of failure to abide by the terms of this agreement and pursue legal action as warranted.

16.0 To maintain your designation and Certification as a CPES, you agree to pay a license renewal fee in the amount of $1997 due on or near the 18-month anniversary of your registration date, then annually thereafter.

(A monthly payment option of $197/mo is available upon written request.)

16.1 Your renewal fee may be processed automatically and charged to your credit card on record at the time of renewal, unless written notification is received by PEI (andrea@productiveenvironment.com) at least 30 days prior to your renewal date. Please mark your calendar accordingly.

17.0 Should you decide not to renew your certification as a CPES, you agree to do the following immediately upon providing written notification, or at least within 30 days:

1. Remove all reference to “CPES” and all PEI related terminology on your website and marketing materials, i.e. CPES/PEI Logo, training/consultant statements, etc.;

2. Discontinue use of copyright/trademarked materials and proprietary processes you have had access to during your membership in the CPES program;

3. No longer refer to yourself as a Certified Productive Environment Specialist™ in any of your marketing materials-this includes print, verbal, online and offline;

4. Inform us when these items have been completed by emailing Andrea Anderson.

17.1 And PEI will do the following:

1. Your access to member-only areas of our website(s) will be immediately disabled;

2. Notification of your program exit will be sent to our affiliate partners;

18.0 As a CPES you agree to abide by the following code of conduct:

• represent yourself as a CPES with integrity, competence, and objectivity;

• offer under your license only those CPES services which you are qualified to deliver;

• use proprietary PEI information only with express authorization;

• provide proper attribution to the use of any intellectual property developed by PEI or another CPES;

• seek and maintain an equitable, honorable, and cooperative association with other CPESs and treat them and their intellectual property with respect and courtesy.

19.0 AUTHORIZATION OF PAYMENT: By submitting payment information, you authorized Productive Environment Institute to charge your credit or debit card or cash your check as payment for your membership in the Program. This is not an installment contract. Upon Productive Environment Institute’s acceptance of your participation, you agree to payment in full for your access to, and opportunity to participate in the program. The entire amount is due and payable immediately. Productive Environment Institute may enter into a payment plan with you and allow you to submit periodic payments. You are, however, responsible for payment of the entire amount agreed upon. To further clarify, no refunds will be issued and if you have chosen a payment plan, all scheduled payments must be paid on a timely basis whether you complete the program or not.

With your initial payment, you entered into an agreement for a specified period of time (18 months) with Productive Environment Institute to provide Training, Certification & Coaching to establish yourself as a Certified Productive Environment Specialist™.

20.0 TERMINATION FOR UNPROFESSIONALISM: We are committed to providing all program participants with a positive program experience. By signing below, you agree that Productive Environment Institute may, at its sole discretion, terminate this agreement and limit, suspend or terminate your participation in the program without refund or forgiveness of remaining monthly payments if you become disruptive or difficult to work with, if you fail to follow the program guidelines, or if you impair the participation of program instructors or other participants in the program should group events be offered.

21.0 LIMITATION OF LIABILITY: By using Productive Environment Institute’s services and enrolling in the Program, Client releases Productive Environment Institute, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational and/or business consulting service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s).

• Regardless of the previous paragraph, if Productive Environment Institute is found to be liable, Productive Environment Institute’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Productive Environment Institute in the one month prior to the action giving rise to the liability, and (b) $1,000. All claims against Productive Environment Institute must be lodged with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever.

• Client agrees that Productive Environment Institute will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Productive Environment Institute’s services or enrollment in the Program. Client agrees that use of Productive Environment Institute’s services and enrollment in this Program is at Client’s own risk.

22.0 DISCLAIMER OF GUARANTEE: Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Productive Environment Institute cannot control Client and/or Client’s participation. Client commits to accepting assignments/exercises/sessions presented by Productive Environment Institute and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If client is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at Productive Environment Institute’s option without recourse or refund of any kind.

Productive Environment Institute makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Productive Environment Institute’s services and extent of clients’ participation in Productive Environment Institute’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client’s accept responsibility for such variance. Productive Environment Institute and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.

23.0 REFUND POLICY: As coaching/consulting services are time-sensitive, and proprietary materials are made available upon registration, all sales are final and no refunds will be given.

24.0 PAYMENTS: If you have chosen a payment option to pay your tuition, the payment due dates are outlined on your program invoice.

25.0 PAYMENT PLANS: Payment plans are offered as a courtesy to clients. Scheduled payments are attempted on the due date per the agreement. Should payment processing be unsuccessful on the first attempt, we will attempt to process the scheduled payment each day for the subsequent 3 days. Any payment declines not resolved within that 4-day time frame will incur a collection fee of $50.00.

• If attempts to process your scheduled payment are unsuccessful on the first attempt in three separate billing cycles, payment in full of your remaining balance due is required to continue in the program. Note that declining payments do not excuse you from the full financial obligation specified in the agreement.

• To be considered a member in good standing, your payment plan must be current. Only members of the program in good standing may attend retreats, participate in any components of the program (including the bonuses offered) or participate in any other program offered by Productive Environment Institute.

Should any payment issues arise, Participant will be proactive in reaching out to us at andrea@productiveenvironment.com.

• Whether you chose to actively participate in the program or not, you are responsible for the full program investment outlined in your agreement. No refunds are issued for the program, for any reason.

26.0 LEGAL DISCLAIMER: Every effort has been made to accurately represent our program and its potential. Any claims made of actual earnings or examples of actual results can be verified upon request. The testimonials and examples used are exceptional results, don't apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire to implement and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.

27.0 CONFIDENTIALITY/NON-COMPETE: It is essential to our coaching relationship that you can be open and share honestly. Our conversations are entirely confidential, unless the release of information is otherwise authorized or requested by you, or required by law. We respect your privacy and must insist that you respect the privacy of fellow program participants, as well as Productive Environment Institute.

You agree not to violate the publicity or privacy rights of any other program participant or of Productive Environment Institute. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively “Confidential Information”) and must insist that you respect the same rights of fellow program participants and of Productive Environment Institute.

1) You agree not to infringe upon any program participants or Productive Environment Institute’s and/or Barbara Hemphill’s copyright, trademark, trade secret or other intellectual property rights.

2) You agree that any confidential information shared by program participants or any representative of Productive Environment Institute is confidential and proprietary and belongs solely and exclusively to the participant who discloses it.

3) You agree not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during group program sessions. You further agree that all materials and information provided to you by Productive Environment Institute are its and/or Barbara Hemphill’s confidential and proprietary intellectual property and the reproduction, distribution and lending of these materials is strictly prohibited.

Also, please note that as your trainer/coach/mentors, we will be supplying you with documents, worksheets, templates, training materials, teaching aids, policies, specific procedures, etc. All documents are copyright protected and we request that they not be shared with others unless consented by us in writing.

These are for the intended use of our relationship. Skills, strategies and solutions offered to you may not be copied in any way or should not be provided to others based on the exact, verbatim documented systems established by Barbara Hemphill, Andrea Anderson or Productive Environment Institute, pertaining to the CPES Program or any of their/its other companies/entities, etc.

28.0 CONFIDENTIAL INFORMATION. NONDISCLOSURE OF COACHING MATERIALS: Material that we give you in the course of our work together is proprietary, copyrighted and developed specifically for the CPES Program. You agree that such proprietary material is solely for your own personal use for the purpose of starting, growing or marketing your business or service. Any disclosure to a third party is strictly prohibited.

29.0 NO RESALE OF SERVICES PERMITTED: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Productive Environment Institute’s prior written consent.

30.0 DECISIONS: You are responsible for decisions made about your work and your business. We are happy to share our opinions, offer resources, or make referrals. However, it is up to you to decide which, if any, to act upon. If you decide to take a recommendation, it is your choice and you take full responsibility for it. If you decide to work with someone based on our referral, you must know the workings of that relationship will be entirely separate of our relationship with you.

31.0 DISCLAIMER: The program instructors are not qualified to provide legal, tax, accounting or financial advice and the information provided to you by the program instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.

32.0 TERMINATION: In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Productive Environment Institute shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Productive Environment Institute, Client shall be barred from using any of Productive Environment Institute’ services/programs and current Program will be suspended until payment is resumed and current on payments. Client is allowed to be suspended for only two consecutive months before forfeiting and being terminated from the program. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee and Productive Environment Institute has the right to pursue the Fee through its collection processes.

33.0 INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Productive Environment Institute, Productive Environment Institute’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this

Agreement or sole negligence or willful misconduct by Productive Environment Institute, or any of its shareholders, trustees, affiliates or successors. Client shall defend Productive Environment Institute in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Productive Environment Institute recognizes and agrees that all of the Productive Environment Institute’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Productive Environment Institute.

34.0 CHOICE OF LAW: This agreement shall be construed in accordance with and governed by the laws of the State of North Carolina.

35.0 FORUM SELECTION CLAUSE: Any action brought under this contract must be brought in the State of North Carolina. Furthermore, by entering into this contract, each party agrees to submit to the jurisdiction of the State of North Carolina for purposes of any action that arises out of or under this contract.

36.0 SEVERABILITY: If any provision, clause, terms, or words of this agreement are declared void or unenforceable, such provision, clause, terms or words shall be deemed severed from this agreement, and all remaining provisions, clauses, terms or words shall otherwise remain in full force and effect.

37.0 ATTORNEY’S FEES: In the event of any breach of this agreement and action for enforcement hereof, the prevailing party shall be entitled to have and recover from the other party all costs, expenses and attorney’s fees reasonably incurred thereby, together with interest at the highest rate permitted by law on any and all amounts deemed to be due and owing (including costs, expenses and attorney’s fees), which interest shall accrue from the date of any such claim or amount that has arisen until fully paid.

38.0 ASSIGNABILITY: Neither party shall assign this agreement without the consent of the other.

39.0 AUTHORITY: You represent and warrant by signing your application and/or this agreement that you have the authority to enter into the same personally an on behalf of your company.

By entering your name and signature below, you agree to the terms outlined in this agreement. Once submitted, you will be granted immediate access to the CPES Training & Certification Program.