*Advisor: Temarie Tomley Russell, operating as Tomley Performance

1. Purpose of Agreement

This Agreement establishes the terms under which Tomley Performance (“Advisor”) provides personalized college swimming recruiting guidance, education, and strategic support to the client and athlete (“Client”).

The program is designed to help athletes and families navigate college swimming recruiting with greater clarity, preparation, and confidence.

Tomley Performance is an independent advisory service and does not represent any college, university, coach, or athletic program.

2. Program Selection and Services

Tomley Performance offers three levels of personalized college swimming recruiting advisory support. Each package includes a three-month commitment, an initial recruiting assessment, and a personalized 90-day recruiting roadmap.

BRONZE — FOUNDATIONAL RECRUITING GUIDANCE

$195 per month for 3 months
Total Program Fee: $585

Includes:

• One initial 60-minute Recruiting Strategy & Assessment session

• One personalized 90-Day Recruiting Roadmap

• One 45-minute ongoing Recruiting Advisory Session per month (3 total)

• Recruiting document feedback during scheduled sessions

• Standard appointment scheduling availability

Email support: Substantive recruiting questions between sessions are not included.

SILVER — CONSISTENT RECRUITING SUPPORT

$345 per month for 3 months
Total Program Fee: $1,035

Includes:

• One initial 60-minute Recruiting Strategy & Assessment session

• One personalized 90-Day Recruiting Roadmap

• Two 45-minute ongoing Recruiting Advisory Sessions per month (6 total)

• Two substantive recruiting email questions per month

• One recruiting document review per month

• Standard appointment scheduling availability

GOLD — COMPREHENSIVE RECRUITING ADVISORY

$695 per month for 3 months
Total Program Fee: $2,085

Includes:

• One initial 60-minute Recruiting Strategy & Assessment session

• One personalized 90-Day Recruiting Roadmap

• Four 45-minute ongoing Recruiting Advisory Sessions per month (12 total)

• Four substantive recruiting email questions per month

• Two recruiting document reviews per month

• Priority scheduling within available appointment times

SELECTED RECRUITING ADVISORY PACKAGE

The Client's selected package is recorded in the Agreement Acceptance Form submitted with this Agreement.

Additional Service Terms

Document reviews may include recruiting emails, athlete profiles, recruiting communications, and related materials.

A substantive email question requires personalized recruiting advice. Brief administrative or scheduling questions do not count toward the monthly allowance.

Additional services can be added on for a fee.

3. Three-Month Program Commitment

The Client enrolls in a fixed three-month Recruiting Advisory program beginning on the enrollment date and ending after three consecutive monthly billing periods.

Enrollment constitutes a commitment to the full program and total fee, payable in three monthly installments.

This is not a cancel-anytime monthly membership.

Renewal requires separate agreement or authorization.

4. Payment Terms

The Client agrees to the following payment schedule:

• Bronze: Three monthly payments of $195; total $585.

• Silver: Three monthly payments of $345; total $1,035.

• Gold: Three monthly payments of $695; total $2,085.

The first installment is due at enrollment. The remaining two installments are billed approximately one and two months later according to Stripe's billing calendar.

Payment is processed securely through Stripe. The Client authorizes the three monthly installment payments by completing checkout.

Tomley Performance will schedule the subscription to terminate after the third monthly billing period. No fourth payment will be charged without separate renewal authorization.

If a payment fails, Tomley Performance may pause services until payment is resolved. A service pause does not automatically eliminate the remaining installment obligation.

Applicable taxes, if legally required, will be handled in accordance with applicable law.

5. Scheduling, Attendance, and Cancellation Policy

Sessions are scheduled through private Tomley Performance booking links.

Session Lengths and Booking Requirements

• Initial Recruiting Strategy & Assessment: 60 minutes.

• Ongoing Recruiting Advisory Session: 45 minutes.

• Appointments must be booked at least 48 hours in advance, subject to availability.

Firm 24-Hour Cancellation Policy

The Client must cancel or reschedule an appointment at least 24 hours before its scheduled start time.

Appointments canceled or rescheduled with less than 24 hours' notice, as well as missed appointments without notice, count as used sessions and are not eligible for a replacement session or refund, except where required by applicable law or an exception is approved by Tomley Performance.

The Advisor may approve an exception for an emergency or extraordinary circumstance at their discretion.

If Tomley Performance cancels or reschedules an appointment, the Client will not lose the session and will be offered a reasonable replacement time.

Monthly Session Allowances and No Rollover

Each monthly billing period includes the ongoing advisory sessions specified in the selected package:

• Bronze: One 45-minute session.

• Silver: Two 45-minute sessions.

• Gold: Four 45-minute sessions.

All ongoing advisory sessions must be used within the applicable monthly billing period.

Unused sessions expire at the end of each billing period. They do not roll over, accumulate, convert to credits, or qualify for refunds.

The initial 60-minute assessment is a separate introductory service and does not reduce the monthly ongoing-session allowance.

If Tomley Performance cannot reasonably provide sufficient scheduling availability, the Client will be offered replacement appointment times, including an extension beyond the billing period when necessary.

6. Communication and Document Reviews

Email questions and document reviews are limited to the selected package's monthly allowances.

The Advisor will generally respond to eligible email questions within three business days, excluding holidays, travel, and planned absences.

Email support does not constitute unlimited access to the Advisor.

Unused email questions and document reviews do not automatically roll over into subsequent months.

The Client is responsible for submitting questions and materials in a timely manner.

7. Client Responsibilities

The Client agrees to provide accurate information regarding the athlete's academic background, swimming performance, recruiting communications, and goals.

The Client is responsible for attending scheduled sessions, completing agreed recruiting activities, and independently verifying applicable NCAA, institutional, admissions, and eligibility requirements.

The Advisor provides guidance but does not assume responsibility for completing every recruiting task on the Client's behalf.

8. No Guarantee of Recruiting Outcomes

Tomley Performance does not guarantee athletic scholarships, admission offers, roster positions, coach responses, recruiting opportunities, or placement at any college or university.

All recruiting, admissions, financial aid, and athletic decisions are made independently by the relevant institutions.

The Advisor does not provide legal advice, financial aid determinations, admissions decisions, or NCAA eligibility certification.

9. Confidentiality and Athlete Information

Tomley Performance will use reasonable care to protect personal information shared during the advisory relationship.

If the athlete is under 18, a parent or legal guardian must enter into this Agreement and authorize participation.

Athlete names, images, testimonials, and recruiting details will not be publicly shared without separate permission.

10. Early Cancellation and Refund Policy

The Client agrees to a firm three-month financial commitment.

Once enrolled, the Client is responsible for all three installments associated with the selected package, even if the Client voluntarily discontinues participation before the program ends.

Voluntary withdrawal, missed sessions, failure to schedule available appointments, or choosing not to use included services does not automatically eliminate remaining payment obligations.

Payments already made are nonrefundable for voluntary withdrawal or unused services, except where applicable law requires otherwise.

Tomley Performance may consider written requests for exceptions in extraordinary circumstances but is not obligated to approve them unless required by law.

If Tomley Performance is unable to deliver contracted services, the Advisor will offer appropriate replacement services or a refund for services that cannot be delivered.

Nothing in this Agreement limits consumer rights or remedies that cannot legally be waived.

11. Intellectual Property

Recruiting Roadmaps, templates, educational materials, and original resources developed by Tomley Performance remain the intellectual property of the Advisor.

The Client may use these materials for the athlete's personal recruiting activities but may not commercially reproduce, resell, or redistribute them without written permission.

12. Agreement and Acceptance

By signing below, the Client confirms that they:

• Understand they are purchasing a complete three-month Recruiting Advisory program.

• Agree to the selected package's total fee and three monthly installments.

• Understand that voluntary early withdrawal does not automatically eliminate remaining payment obligations.

• Understand that appointments canceled with less than 24 hours' notice or missed without notice count as used sessions.

• Understand that unused monthly sessions expire and do not roll over.

• Have reviewed the scheduling, communication, cancellation, and refund policies.

• Understand that recruiting outcomes are not guaranteed.