The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Rising Moms, LLC (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the mastermind program entitled, “Flow Collective” (“Mastermind”). As a condition of participating in the Mastermind, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Mastermind, which provides education, information, and support. The information contained in the Mastermind, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Mastermind, you agree to pay the following fees. You may choose between a single payment of $5999 (due immediately) or 6 monthly payments of $1111. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 5 payments on a monthly basis, for a total payment of $6666. If you opt for monthly payments, you will remain responsible for those payments and may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Mastermind.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
All sales of the Mastermind are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund under any circumstances.
Term Of The Mastermind
The Mastermind shall run 6 months from the enrollment date. Unless otherwise noted in the description of “The Mastermind” below, the Company’s responsibilities and your access to program materials shall cease after the 7th month.
As part of the Mastermind, the Company shall provide the following to Client:
Access To Mastermind Area – The Company shall maintain a Mastermind Area that may include lessons, forms, worksheets, checklists, and other information (the “Mastermind Area”). You shall have access to this Mastermind Area during the duration of the Mastermind.
Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Mastermind. That Group provides a forum for You to connect with other Mastermind participants and to seek guidance and support. Members of the Company will seek to interact with Mastermind participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.
Group Mastermind Sessions – As a member of the Mastermind, you will have access to monthly mastermind calls. The Company shall provide you with details about how to participate in these sessions.
One-On-One Calls – Mastermind participants are entitled to 6 calls with coaches and/or consultants working for the Company during the term of the Mastermind. The Company shall provide you with the ability to schedule these calls, but it is solely your responsibility to schedule the calls. If you fail to schedule one or more of your calls during the allowed time period, you shall forfeit that call. Similarly, you may not cancel or reschedule a call unless you do so at least 72 hours in advance.
Intensives – During the term of the Mastermind, you shall have access to 2 events that are intended to work closely with the Company, its employees and agents, and other members of the mastermind program to implement what you are learning. These events may be virtual or in person. Recordings of these intensives shall be added to the Mastermind Area.
Access to Additional Program(s) – As a member of the Mastermind, you will have access to certain of the Company’s other program(s), including: Your Cycle Advantage, Magnetic Social Media, Money Magnet Activator. You will retain access to these other programs as long as the Company maintains them online, even after the term of the Mastermind.
Live Event Ticket – The Company intends to hold an event called “Amplify Retreat.” The Company shall have sole discretion to decide whether that event will be in-person or virtual. You will receive a Double Occupancy Ticket to the event. If the event is in person, you will remain responsible for travel and your means while attending the event.
Voxer Access – Members will be allowed to communicate with Renae Fieck within the Flow Collective group via Voxer. The purpose of this access is to help You work through issues that arise during the program and between coaching calls. You are expected to use discretion in how often you send such messages, and the Company reserves the right to revoke this access if communications are excessive. You will be warned and given an opportunity to limit the frequencies of such messages prior to any such revocation.
Ownership Of All Intellectual Property
All content included as part of the Mastermind, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Mastermind, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Mastermind are the trademarks of their respective owners.
Your participation in the Mastermind does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Mastermind, You agree to observe and abide by all copyright and other intellectual property protection.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement.
As a condition of participating in the Mastermind, you hereby agree to respect the privacy of other Mastermind participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Mastermind participants outside of the bounds of the Mastermind unless you receive express written permission from such other participant to share the information. Similarly, the content of the Mastermind contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Mastermind with anyone other than the Company, it’s owners and employees, and other Mastermind participants.
By participating in the Mastermind, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Mastermind or not. The Company provides resources that are intended to help participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
Materials Provided By You During The Mastermind
The Company does not claim ownership of the information or materials You may provide during the Mastermind (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Mastermind – in the Mastermind program content going forward.
The Company makes no warranties regarding the performance or operation of the Mastermind, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Mastermind. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Mastermind and/or any information and resources contained in the Mastermind. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Mastermind.
The information, software, products, and service included or available through the Mastermind may include inaccuracies or typographical errors. Changes are periodically added to the information in the Mastermind. The Company and/or its suppliers may make improvements and/or changes in the Mastermind at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Mastermind for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Mastermind, with the delay or inability to use the Mastermind or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Mastermind, or otherwise arising out of the use of the Mastermind, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Mastermind or any portion of it, your sole and exclusive remedy is to discontinue you participation in the Mastermind.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Mastermind.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in San Diego, California. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Choice of Law
The parties agree that this Agreement shall be construed under the laws of California regardless of any choice of law rules.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your participation in or inability to participate in the Mastermind and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Mastermind and the related services or any portion thereof at any time, if You become disruptive to the Company or other Mastermind participants, if You fail to follow the Mastermind guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Mastermind participant upon the date that the participant initially registers for the Mastermind.