These Terms & Conditions govern the website, services, and SMS communications provided by Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting, referred to in these Terms as "WHY NOT Leadership," "we," "us," or "our."

By using our website, requesting information, engaging our services, or separately opting in to receive SMS communications, you agree to the applicable provisions of these Terms & Conditions.

1. Business Identity

Apex Performance, LLC does business as WHY NOT Leadership Coaching and Consulting.

Our business provides leadership coaching, consulting, workshops, leadership development programs, educational resources, and related professional services.

For purposes of these Terms, the business and messaging sender is:

Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting

2. General Use of Our Website and Services

Information provided through our website, communications, coaching, consulting, workshops, presentations, and educational materials is intended for general informational, educational, and professional development purposes.

Our services are designed to support leadership development, self-awareness, team effectiveness, communication, and organizational growth.

Individual and organizational results vary. Nothing on our website or in our communications should be interpreted as a guarantee of specific personal, professional, financial, business, or organizational results.

3. Intellectual Property

Unless otherwise stated, website content and materials created by WHY NOT Leadership, including text, graphics, branding, presentations, videos, training materials, worksheets, frameworks, and other original content, are owned by or licensed to Apex Performance, LLC.

Third-party materials, methodologies, assessments, trademarks, and intellectual property remain the property of their respective owners.

You may not reproduce, distribute, modify, publish, sell, or commercially exploit protected materials without appropriate authorization.

4. SMS Messaging Programs

WHY NOT Leadership may offer both marketing and non-marketing SMS communications.

Consent for these communication categories is collected separately.

Marketing SMS Messages

If you separately opt in to receive marketing SMS communications, messages may include information regarding:

Special offers

Leadership coaching and consulting services

Workshops and events

Leadership development programs

Educational resources

Service announcements

Business updates

Promotions

Other marketing communications from WHY NOT Leadership

Non-Marketing SMS Messages

If you separately opt in to receive non-marketing SMS communications, messages may include:

Appointment confirmations

Appointment reminders

Scheduling or rescheduling notices

Workshop information and logistics

Coaching session communications

Consulting engagement communications

Customer service responses

Service-related notifications

Follow-up communications related to services you requested

Consent to receive non-marketing messages does not constitute consent to receive marketing messages.

Consent to receive marketing messages does not automatically enroll you in non-marketing messaging programs unrelated to your selection.

5. SMS Consent Is Optional

Consent to receive SMS communications is voluntary.

You may choose to receive:

Marketing SMS messages

Non-marketing SMS messages

Both categories

Neither category

Providing a telephone number does not, by itself, constitute consent to receive SMS marketing communications.

You are not required to consent to receive marketing or non-marketing SMS messages in order to purchase services, submit an inquiry, request information, or otherwise do business with WHY NOT Leadership.

Where consent options are presented through an online form, SMS consent checkboxes are optional and are not preselected.

6. Message Frequency

Message frequency may vary depending on your interactions with WHY NOT Leadership, the services you request, your scheduled appointments or programs, and the communication categories to which you have consented.

You may receive recurring messages.

7. Message and Data Rates

Message and data rates may apply.

Your mobile carrier's standard text messaging and data rates may apply to messages sent or received as part of our SMS programs.

Contact your wireless carrier if you have questions regarding your mobile plan.

8. Opting Out of SMS Communications

You may opt out of SMS communications at any time by replying STOP to any text message from WHY NOT Leadership.

After you send STOP, we may send a final confirmation message acknowledging your opt-out request.

Following that confirmation, you will no longer receive SMS messages associated with the applicable messaging program unless you subsequently provide new consent.

We will also honor other reasonable communications clearly expressing your desire to stop receiving text messages.

9. Getting Help

For SMS assistance, reply HELP to any text message from WHY NOT Leadership.

You may also contact us at:

Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting
Phone: 505-554-3657
Email: [email protected]
Website: www.WHYNOTLeadership.com

10. Carrier Disclaimer

Carriers are not liable for any delayed or undelivered messages.

Message delivery depends on your mobile device, wireless carrier, network availability, and other factors that may be outside the control of WHY NOT Leadership.

We cannot guarantee that every SMS message will be delivered.

11. Mobile Number Responsibility

By providing a mobile telephone number, you represent that you are authorized to use that number and to provide consent associated with it.

If your telephone number is changed, reassigned, transferred, or deactivated, you should notify WHY NOT Leadership so that we can update our records and help prevent messages from being delivered to another individual.

12. Privacy and SMS Information

Your privacy is important to us.

Our collection, use, storage, and disclosure of information is governed by our Privacy Policy.

We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes.

Mobile information, including your mobile telephone number, SMS opt-in information, SMS consent records, and messaging preferences, will not be shared with third parties or affiliates for their marketing or promotional purposes.

We may provide limited information to technology, telecommunications, CRM, hosting, scheduling, or messaging service providers that process information on our behalf solely as necessary to provide their services to WHY NOT Leadership.

Those service providers are not authorized to use your SMS consent information for their own independent marketing or promotional purposes.

You may review our Privacy Policy here: https://whynotleadership.com/privacy-policy

13. Third-Party Services and Links

Our website and communications may contain links to third-party websites, platforms, tools, assessments, scheduling systems, payment providers, or other services.

We do not control third-party websites or services and are not responsible for their content, availability, security, or privacy practices.

Your use of third-party services may be governed by separate terms and privacy policies.

14. Payments and Services

Where fees apply to coaching, consulting, workshops, assessments, events, or other services, pricing, payment terms, cancellation policies, refund terms, and scope of services may be provided in a separate agreement, proposal, invoice, registration page, or statement of work.

In the event of a conflict between these general Terms and a signed service agreement, the signed service agreement will control with respect to the specific services covered by that agreement.

15. Disclaimer of Warranties

Our website, communications, materials, and services are provided on an "as available" basis to the extent permitted by law.

We make no guarantee that our website or electronic communications will always operate without interruption or error.

We do not guarantee any specific leadership, career, financial, business, organizational, team, or other result from participation in our services.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Apex Performance, LLC and WHY NOT Leadership Coaching and Consulting will not be liable for indirect, incidental, consequential, special, or punitive damages arising from use of our website, communications, or services.

Nothing in these Terms limits any rights or remedies that cannot legally be limited under applicable law.

17. Changes to These Terms

We may update these Terms & Conditions periodically to reflect changes in our business, services, technology, legal requirements, or messaging practices.

The current version will be posted on our website with an updated "Last Updated" date.

18. Governing Law

These Terms will be governed by applicable laws of the State of New Mexico and applicable federal law, without regard to conflict-of-law principles, except where another jurisdiction's law is required to apply.

19. Contact Us

Questions regarding these Terms & Conditions or our SMS messaging practices may be directed to:

Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting
Phone: 505-554-3657
Email: [email protected]
Website: www.WHYNOTLeadership.com

Last Updated: September 30, 2026