Terms of Service

defytheaverage.com

Operated by Re-Tri Consulting (d/b/a DEFY Coaching)

Effective Date: May 13, 2026

1. Overview and Acceptance

defytheaverage.com (the "Site") is owned and operated by Re-Tri Consulting, a Texas S-Corporation doing business as DEFY Coaching ("DEFY," "we," "us," or "our"). By accessing or using this Site, purchasing any product or service, or creating an account, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site.

These Terms apply to all visitors, clients, course purchasers, community members, and any other users of the Site or its related services.

2. Eligibility

This Site is intended exclusively for individuals who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. We do not knowingly collect information from or enter into agreements with minors. If we become aware that a user is under 18, we will terminate that user's access immediately.

3. Products and Services

DEFY offers the following through this Site:

Coaching Programs. One-on-one coaching services with Lester Clowes or Pennee Clowes, delivered virtually via video conferencing. Coaching programs may also be available in group formats in the future; any such programs will be governed by these Terms alongside any supplemental agreements provided at time of purchase.

Online Courses and Email Programs. Self-paced digital courses and structured email programs delivered through Teachable and ConvertKit respectively.

Community Program. A member community platform (forthcoming). Community membership and participation will be subject to these Terms as well as any additional community guidelines published at the time of launch.

DEFY does not sell or fulfill book purchases directly. Book purchases are handled through third-party distributors and are subject to those distributors' terms and policies.

4. Payments and Third-Party Processors

Payments for coaching programs, courses, and other digital products are processed through the following third-party platforms:

Stripe (stripe.com) — credit and debit card processing

ThriveCart (thrivecart.com) — purchase funnels and checkout

Teachable (teachable.com) — course access and delivery

ConvertKit (convertkit.com) — email program delivery

By completing a purchase, you agree to the applicable terms and privacy policies of these processors. DEFY does not store your full payment card information. All payment data is handled directly by Stripe and ThriveCart in accordance with their respective PCI-DSS compliance standards.

All prices are listed in U.S. dollars. We reserve the right to adjust pricing at any time; any price change will not affect purchases already completed.

5. Refund and Cancellation Policy

Coaching Programs

All coaching program sales are final. No refunds are issued for coaching services once a program has been purchased. If you wish to discontinue coaching, you must notify us in writing at team@defytheaverage.com before the next billing cycle. Discontinuation does not entitle you to a refund of amounts already paid.

Online Courses and Email Programs

Courses and email programs are eligible for a full refund within 30 days of purchase, provided you have completed at least the first module of the program. Refund requests submitted without evidence of Module 1 completion, or submitted after 30 days from the date of purchase, will not be honored.

To request a refund, contact us at team@defytheaverage.com with your name, purchase details, and confirmation that you have completed Module 1. Approved refunds will be processed within 7 to 10 business days.

Community Program

Refund terms for the community program will be published at the time of launch and incorporated into these Terms by reference.

6. Coaching Relationship and Scope of Services

Coaching is a collaborative partnership focused on developing the client's awareness, mindset, and capacity to identify and pursue personal and professional goals. Coaching is not therapy, counseling, or medical treatment, and does not prevent, diagnose, cure, or treat any mental health condition or medical disease.

Nothing provided through this Site — including coaching sessions, courses, email programs, community content, or any other materials — constitutes legal, financial, medical, psychological, or other licensed professional advice. You are solely responsible for your decisions and actions, including any outcomes that result from your engagement with DEFY's services. You agree to seek independent professional guidance for legal, financial, medical, and other specialized matters.

The success of any coaching or development program depends substantially on your own commitment, participation, and follow-through. DEFY makes no guarantee of specific results.

7. Intellectual Property

All content on this Site — including but not limited to text, frameworks, course materials, email programs, graphics, logos, video, audio, and the DEFY Coaching brand — is the property of Re-Tri Consulting or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content from this Site without prior written permission from DEFY. Personal, non-commercial use of content for your own development is permitted, provided you do not remove any proprietary notices.

The concept of Promise Debt and related frameworks are proprietary intellectual property of Re-Tri Consulting d/b/a DEFY Coaching.

8. User-Generated Content

If you post, submit, or share any content on this Site or through any DEFY community platform (including comments, testimonials, questions, reflections, or other contributions), you grant Re-Tri Consulting a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, distribute, and adapt that content for any business purpose, including marketing and promotional materials, without further notice or compensation to you.

You represent that any content you submit does not infringe the rights of any third party and does not contain unlawful, defamatory, obscene, or harmful material. DEFY reserves the right to remove any user-generated content at its sole discretion and to suspend or terminate access for any user who violates these Terms or our community standards.

9. Privacy and Data

We collect personal information (including name, email address, and payment information) in order to provide our services. Payment data is handled exclusively by our third-party processors as described in Section 4.

We use ConvertKit to deliver email programs and ongoing communications. By purchasing an email program or opting into our mailing list, you consent to receive emails from DEFY. You may unsubscribe at any time via the link included in every email.

We use standard analytics tools to understand Site traffic and usage. We do not sell your personal information to third parties.

For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy at defytheaverage.com/privacy.

10. Confidentiality

DEFY treats all client communications as confidential. We will not voluntarily disclose details of your coaching relationship or personal information shared in sessions to any third party without your written consent, except as required by law.

Clients are encouraged to use discretion when sharing information about other individuals during coaching sessions. DEFY is not responsible for unsolicited third-party information shared by clients.

11. Disclaimers and Limitation of Liability

THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DEFY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RE-TRI CONSULTING, ITS OWNERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ITS SERVICES — INCLUDING BUT NOT LIMITED TO FINANCIAL, PERSONAL, EMPLOYMENT, OR OTHER LOSSES — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that you are solely responsible for your decisions, choices, and actions taken in connection with any coaching, course, or other service provided by DEFY.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or your use of the Site shall be resolved in the state or federal courts located in Collin County, Texas, and you consent to personal jurisdiction in those courts.

13. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. When we do, we will revise the Effective Date at the top of this page. Your continued use of the Site following any modification constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

14. Entire Agreement

These Terms, together with our Privacy Policy and any supplemental agreements provided at the time of purchase (including individual coaching agreements), constitute the entire agreement between you and Re-Tri Consulting with respect to your use of the Site and its services. In the event of a conflict between these Terms and a separately executed coaching agreement, the coaching agreement controls with respect to the coaching relationship.

15. Contact

For questions about these Terms, privacy matters, or refund requests, contact us at:

Re-Tri Consulting d/b/a DEFY Coaching

450 Century Parkway, Suite 250

Allen, Texas 75013

Email: team@defytheaverage.com

Website: defytheaverage.com

© 2026 Re-Tri Consulting d/b/a DEFY Coaching. All rights reserved.