My Founder Circle Mastermind Agreement

By checking the box next to this Terms of Use, and purchasing the mastermind, you, the purchaser of the My Founder Circle Mastermind  (hereinafter referred to as “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase access to same, to be provided with services rendered by My Founder Circle  (hereinafter “MFC”).  You agree you are voluntarily entering into a legally binding Agreement with MFC, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration as outlined below, Client is electing to purchase access to The MFC Mastermind  (herein referred to as “Program” or “Mastermind”). In exchange, MFC agrees to provide the services outlined herein, and in the attached “Mastermind Deliverables Addendum.”

1. Mastermind Outline:
1. Client agrees and understands that he/she is purchasing access to MFC’s Mastermind, an 16 week mentorship program for female entrepreneurs.  Client acknowledges that he/she has read and reviewed the mastermind Deliverables Addendum attached hereto, discussed the Mastermind with an MFC team member in the Client’s initial call, and conducted any additional research necessary to feel he/she understands what is being provided in The Mastermind as well as what is not included.  Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on the MFC website.
2. Mastermind is not to be considered a substitute for medical, psychological or legal advice.  The Mastermind is not designed to treat mental, emotional, or other medical conditions.  If you as the Client believe you may be in need of coaching, attention, or treatment that falls outside of what’s included within Mastermind, or are not certain Mastermind is right for you, please contact MFC directly to discuss, or inquire with a relevant professional to confirm your needs.
2. Confidentiality
1. Access to The Mastermind will include access to various trade secrets and personal intellectual property of MFC, including but not limited to materials such as verbal, written, and video advice, guidance, workbooks, signature proprietary frameworks, and/or other information that may become available for use through Client’s participation in Mastermind.  Client understands and acknowledges that this information is not to be openly shared with others who are not also in Mastermind, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Mastermind.  He or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without expressed written permission of MFC.
2. Client also understands that due to the “group” nature of the Mastermind, Client may become aware of, hear, and learn about confidential information belonging to other members of The Mastermind, including but not limited to business ideas, frameworks, products or services to sell, taglines, marketing strategies, or other proprietary and/or confidential information belonging to other Mastermind members. Client understands and agrees that all such information is to remain confidential, meaning Client will not share such information outside of the Mastermind.  Client also understands and agrees that all such information shared is not to be copied, used, disclosed, or otherwise misused without advance, express written permission of the owner/creator.
3. Should Client breach this provision and disclose confidential or proprietary information belonging to MFC or another member of the Mastermind, Client understands additional action may be taken by MFC or any third party up to and including legal action.
3. Testimonials
1. MFC may request Client provide a testimonial to be published on MFC’s website, or on various sales materials for The Mastermind, or another Program created by MFC.  Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationships between MFC and Client if Client refuses testimonial.
2. If Client accepts and provides MFC with a testimonial, Client understands that material, along with a photo of Client will likely be published on MFC;s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional release confirming MFC’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting MFC an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to MFC as part of a Testimonial.
3. Client gives MFC an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, slack, or other modes of communication, including but not limited the The Mastermind Slack Channel, MFC IG page, IG comments/DMs to MFC, Ankita Terrell or Emily McDonald.  Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by MFC in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for The Mastermind.
4. Payment and Payment Plans

Client understands and agrees that upon signing this Agreement, he/she is responsible for the FULL payment amount, regardless of whether Client chooses the pay in full or payment plan option today. Client agrees to render payment via the credit/debit card registered, and, if the payment plan option is selected, Client grants MFC the right to automatically charge this card for the initial payment, as well as subsequent payments.

1. Payment Plan. If Client elects to pay via the monthly payment plan, Client will make the first monthly payment at the time of purchase, followed by any additional payments to be automatically deducted on the same date each month, using the same payment method originally used by Client. Client understands that the full balance becomes Client’s responsibility once this Agreement is completed and the initial payment is made; the additional payment(s) are not optional, may not be opted out of, and may not be canceled, regardless of Client’s participation in mastermind, ability to attend live calls and/or training sessions, and other deliverables of Mastermind. Client confirms he/she is making a commitment to the full balance, and will owe all the entire amount in monthly payments regardless of participation, experience with Mastermind, or results.
   
   
2. Payment Failures. Should Client fail to make timely payments, or if additional payments cannot be processed, Client understands Client’s access to Mastermind may be restricted. If at any point during the mastermind period Client’s monthly payment cannot be completed, MFC will advise Client and allow him or her to update the payment method. If payment still cannot be processed within three (3) days of the date Client is notified of the error, Client’s access to Mastermind will be temporarily suspended. MFC will continue to attempt to charge Client via its third-party software; if and when payment goes through, Client will again receive access, less any calls, communications, or live trainings that took place during the period Client’s access was restricted.  If payment continues to be unsuccessful after thirty (30) days, Client’s access to Mastermind shall be revoked and permanently canceled. Should Client wish to rejoin The Mastermind following this revocation, he/she must do so the next time it is offered, and must pay in full for the additional round, absent written agreement stating otherwise from Ankita Terrell or Emily McDonald.
3. MFC reserves this right to cancel Client’s access to Mastermind should he/she fail to make additional payments in accordance with the payment plan as outlined herein. Should this occur, Client understands she is not entitled to a refund of funds already issues to MFC for access to Program.

1. Refund Policy
1. Client understands and agrees that MFC is not able to offer refunds of any kind (full or partial) once Client elects to pay in full or via the payment plan. If Client elects to purchase via the payment plan offered, satisfaction or participation in Mastermind does not impact Client’s responsibility to complete all monthly payments.
2. Client further agrees and understands that changing his/her mind about Mastermind, being unavailable for group coaching calls, failing to follow through or understand the details or Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund, nor excuse Client from any remaining payments of payment plan owed. Client understands that by confirming agreement to the terms herein, he/she is committing to pay for Mastermind in full.
2. Technology
1. MFC is not responsible for any specific technology or applications Client may need in order to adequately receive the benefits or offerings of Mastermind. Client’s inability to access any part of Mastermind, coaching calls, expert sessions or office hours due to technology or scheduling issues on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments.
3. Voluntary Participation
1. Client understands and agrees that he/she is voluntarily choosing to enroll in The Mastermind, and is solely responsible for any outcomes or results. While MFC believes in the services and that Mastermind is able to help many people, Client acknowledges and agrees that MFC is not responsible nor liable to Client should Client sustain any injuries, incur harm (financial, emotional, business, or otherwise), or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, finances, legalities, and other details of Client’s business, including participation in Mastermind and any results he or she may see therein.
2. Client also understands he/she may have the opportunity to provide MFC and other Mastermind members with additional personal information, viewable to all Mastermind members, including but not limited to location, industry, age, and other information. All information is completely confidential. Client understands this information will only be viewable to others inside the Mastermind, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that MFC is not responsible for any negative results from such information dissemination, or any actions Mastermind members may independently take.
4. Disclaimer/No Guarantees
1. MFC cannot guarantee results from The Mastermind, and cannot make any representations or guarantees regarding individual results. Client will hold MFC harmless if he or she does not experience the desired results.
2. Client understands that all services provided by MFC  in connection with The Mastermind are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to The Mastermind and work with MFC on a purely voluntary basis, and does not hold MFC responsible should CLient become dissatisfied or realize Mastermind is not what he or she thought it was.
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of The mastermind, as long as MFC delivers it as described on the sales page and herein.
4. Client also agrees to hold MFC harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Mastermind.  The content and coaching guidance provided by MFC on its website and within Mastermind consists of information that has worked for MFC and other clients, but may or may not be useful to Client in his/her personal business or life. Client understands MFC cannot guarantee results from Mastermind, and has no expectation of a specific result that he or she holds MFC responsible for.
5. Client also understands he or she is electing to purchase Program based upon an independent decision that participating in Program will benefit Client and his/her business. The content within Mastermind may not be suitable for all persons and all business levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons in order to make it applicable to Client’s business.
6. Not Medical or Professional Advice: The Mastermind and content contained within is not to be considered personalized business, medical, legal, or financial advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment, financial advice, legal advice, or otherwise. MFC encourages Client to consult with relevant professionals if he/she suspects he/she may benefit from such services. We will

9. Intellectual Property

1. Client agrees and understands that MFC has created numerous original, creative works in connection with The Mastermind, and will be sharing proprietary frameworks, methods, content, and information,a nd agrees that MFC maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Mastermind, whether created prior to working with Client or specifically for Client, including but not limited to; verbal or written advice, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, proprietary “PIPS” framework materials, MFC methods, frameworks, and other proprietary processes, and any other original work created and/or owned by MFC. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with MFC. Nothing in this Agreement shall constitute a transfer of ownership of an intellectual property from MFC to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of The Mastermind.
2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell , assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by MFC or obtained through working with MFC, without MFC’s express written consent. If such behavior is discovered or suspected, MFC reserves the right to immediately end Client’s participation in Mastermind without refund, as well as access to any materials Client may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.
3. Licensee Rights: MFC’s Limited License to Client: Client understands that in purchasing Mastermind, she/he is gaining access to view all content and information available. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by MFC. As a “Licensee”, Client understands and agrees that Client will not:
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through The mastermind without written permission by MFC;
2. Post, distribute, copy, steal or otherwise use any portion of Program or its content, or information obtained via other members in the group without written permission by MFC, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by MFC or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by MFC was Client’s work, and used in his/her business as his/her own.
4. Share purchased materials, information, content with others who have not purchased them
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

10. Indemnification

1. Client agrees at all times to defend, fully indemnify and hold MFC and any affiliates, agents, team members, contractors, experts, or other parties associated with MFC harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Mastermind, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of participation in the Mastermind. Should MFC be required to defend itself in any action directly or indirectly involving Client, or an action where MFC decides Client’s participation or assistance would benefit MFC’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by MFC, free of charge.

11. Dispute Resolution

1. Should a dispute arise between MFC and Client, the parties agree to attempt to resolve by good faith negotiations and discussions. Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold MFC responsible for any specific results, or those results which have been achieved by other clients of MFC.
2. If unable to reach a resolution informally, Client and MFC agree that to the extent permitted by law, all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Arlington, Virginia within a reasonable amount of time. Client and MFC agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.

12. Applicable Law

1. This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

13. Amendments

1. This Agreement may be modified from time to time to reflect changes in The Mastermind, MFC policies, or other relevant updates. IN the event this Agreement is modified, MFC will notify Client via email, and invite Client to review these Terms of Use. Continued participation in Mastermind will constitute acceptance of any and all updates or amendments to this Agreement, and continued agreement herein.

Mastermind Deliverables Addendum

Client understands that Mastermind is a 11 week group coaching program that will have a designated start and end date, as well as pre-designated dates and times for group calls, live trainings, expert trainings, and office hours, as applicable. Client will be able to choose their own time for their 1:1 calls, if any.  Client’s inability to be available for some or all of these live deliverables does not affect or impact the purchase price of Mastermind, nor is Client eligible for a discount, refund, personal coaching calls, special or extra treatment, or otherwise. Except in the case of extenuating circumstances, 1:1 calls must be rescheduled at least 24 hours in advance. If a client misses the call, this will be charged as a missed call and will not be made up for.

During these 11 weeks, Client is to have access to the following within Mastermind:

• Nine (9) weekly group coaching calls with Ankita and/or Emily
• (1) One 2:1 onboarding call with Ankita and Emily to get clarity around Client's specific goals and desires, to ensure Client is served to the best of MFC’s ability, and ensure Client is able to maximize Mastermind as much as possible and to create customized roadmap for success
• Constant access to a Mastermind channel on Mighty Networks, where Client may ask questions and receive feedback from MFC coaches, Ankita and Emily, guest experts, and other Mastermind members
• Access to Ankita and Emily on Voxer for quick questions between 9 am - 3 pm PT Monday - Thursday (if choosing the Elevate package)
• Business guidance and information tailored and targeted to fit Client’s and other Mastermind members’ needs.