Investable Mastermind Agreement
THIS AGREEMENT (“Agreement”) is entered into and effective upon purchase (“Effective Date”) of a membership to the Investable Mastermind (“Mastermind”), between Be Investable, LLC. (the “Company”), a Michigan limited liability company, and you, an individual (“Participant” or “You”).
The Mastermind is designed to provide you with the opportunity to participate with a group (“Node”) of like-minded individuals committed to your growth and accomplishment as well as their own. The Mastermind will provide you with new conversations for new possibilities, and interactions with various team members (“Advisors”) and other Mastermind participants (“Members”) who will offer their experience and perspectives and support you in ways that you agree to.
The curriculum and programming of the Mastermind will be focused on intrapersonal, interpersonal, and influence skills. Utilizing this foundation, the Mastermind Advisors will provide guidance around multiple topics, facilitate Mastermind conversations, provide references to relevant readings, introduce relevant generative frameworks, support the group, and have meaningful and valuable interactions. But the actions that you take and the results that you produce from the Mastermind experience are your sole responsibility.
Because we believe in constant innovation, you agree that the form and nature of the program may change from time to time without prior notice to you. We may amend this Agreement at any time by sending you a revised version at the address you have provided.
Program. As a Member of the Mastermind, you are purchasing the Investable Mastermind Program (“Program”). This Program includes 12 months access (defined below) to the following (“Program Materials”):
● Monthly mastermind (in person)
● Monthly mastermind (virtual)
● Participation in a monthly accountability triangle
● Exclusive Content - Up to 4 lessons a month available through the Participant Portal (“Portal”)
● Weekly virtual connections to other community members via email
● Quarterly magazine (available 2021)
● VIP tickets to annual events (separate fees may apply)
● Discounts to retreats
Upon your purchase of the Program, you will have access to, and use of, the Program Materials. Once a module is released, you will have a minimum of one month of access to the program materials.
Price. The purchase price for the Program is $237 per month with an option to pay in advance for the year for $1997. A rejected payment may cause immediate suspension or termination of services, at Be Investable’s option.
You agree that if you are accepted into the Program, you are responsible for full payment of fees for the entire duration of your participation in the course of the Program, regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or payment plan.
Refunds. If after seven (7) days, you are not satisfied with the quality of this Program, please contact your City Administrator at CityAdminstratorDetroit@GetInvestable.com and turn in all requested materials, and a full refund will be issued. Upon such termination, you will immediately lose your log-in access to the Portal and will be terminated as a Participant and Member. After one (1) month from the date of purchase of the Program, your right to a refund will expire and terminate.
Term / Termination. The term of this Agreement is twelve months. This Agreement will automatically renew for another twelve months unless you notify your City Administrator at least sixty (60) days prior to the twelfth month.
Missed Private Coaching Session & Calls. If you schedule a call with one of our team members and are more than ten minutes late, the session/ call is forfeited without the opportunity to reschedule it.
If you miss a meeting or group call, we ask that you listen to the recording as soon as possible thereafter. We do understand that emergencies can happen to anyone; therefore, if an emergency keeps you from attending various events, please email us whenever possible to let me know of the circumstances. Death in the family, serious illness and hospitalization are considered emergencies; all other situations will require 48-hour advance notice or the session will be forfeited.
No Guarantee of Results. The Company can not and does not guarantee results. You understand and agree that you are fully responsible for obtaining your desired results from the Program. In the event Participant participates in live sessions (voice, skype or otherwise) with the Company and/or in one of Be Investable’s online groups, with or without other participants, the Company and Participant will communicate with each other in an open, supportive, and constructive manner at all times. Participants will be fully present, ready, willing, and able to fully participate in the live sessions, without distractions. You are fully responsible for decisions made and/or actions taken or not taken as a result of your live sessions with the Company and/or your participation in the Program confidentiality.
Confidentiality is important. To use this Program, we may seek personally-identifying information including your name, e-mail address, phone number, street address, and billing information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in the Program (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure, and confidential in accordance with this Agreement.
Please note that whenever you voluntarily share your Confidential Information or Other Information or make it available for viewing by others, including in various social media groups, the Confidential Information or Other Information may be seen, collected, disclosed or used by others; therefore, we cannot be responsible for any disclosure or unauthorized use by others. When sharing or commenting in the Facebook group, you are also agreeing to abide by third party social media platform’s terms and conditions and their policies regarding confidentiality.
All Confidential Information will be held in confidentiality and will not be disclosed to others, except that we may disclose Confidential Information: (1) pursuant to this Agreement, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on me, our partners, sponsors, investors, affiliates, or others (5) to protect and defend our property rights or those of others, and/or (6) to act as immediately necessary to protect the personal safety of others.
Notwithstanding the limitations of this section of the Agreement, you may freely share your personal experience of the Program with others.
Intellectual Property Rights. We retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to us. The Program content and materials are being provided to you for your individual use only and with a single-user license. You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program Materials, including any training workbooks, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without our prior written permission.
Personal Responsibility, Disclaimer & Release of Claims. Personal Responsibility & Assumption of Risk. You acknowledge that you take full responsibility for yourself and all decisions made before, during, and after your Program. You accept full responsibility for your choices, your actions, and your results before, during, and after this Program. You knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results. You attest that you are mentally fit to participate in this Program and acknowledge that you are exclusively responsible for your physical, mental, and emotional well-being.
Disclaimer. We have used care in preparing the information provided to you, but this Program and the Program materials are being provided for informational and educational purposes only. There are many factors that influence your results, so no guarantees can be made as to the results you will experience through this Program. You agree that we are not responsible for your physical, mental, emotional, and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice in any way.
You understand that we are not an employment agent, business manager, physical trainer or psychotherapist/psychiatrist, and we are not acting as an attorney for purposes of this Program nor offering any legal advice herein, and we are not acting as an accountant for purpose of this Program nor offering any tax or accounting advice herein, and that we are not obligated to procure any employment, business or sales for you or perform any business function such as offering legal or investment advice. Furthermore, you understand that coaching is not a substitute for mental health counseling or medical treatment of any kind, that coaching does not involve the diagnosis or treatment of physical disorders or mental disorders as defined by the American Psychiatric Association, and that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, physical or mental health care, or substance abuse treatment. You agree that you will not use coaching in place of any form of medical or mental health diagnosis, treatment or therapy. You also acknowledge that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals.
For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal, or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. Do not start or stop taking any medications because of anything you have read or received through this Program. You understand that we retain the right to refuse or terminate this Agreement or any session based upon any inappropriate behavior, comments, or suggestions, to us or to any other Program participant, without prior notice.
Limitation of Liability, Indemnification, and Release of Claims. You agree that you will not hold us liable for the information that you request or receive through this Program, including our services, products, and Program materials and any other information you have received from or through us related to this Program. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against us in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permissible by applicable law.
Coaching and Not Therapy. Coaching is not therapy. It is not psychotherapy, psychoanalysis, mental health care, or substance abuse treatment. Therapy addresses past events and how these events may be affecting you in the present. Coaching addresses the present and future and recommends certain actions to reach your stated goals in your business or personal life. These recommendations are based upon the coach’s knowledge, experience, and expertise. ANY AND ALL SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED TO YOU BY THE COMPANY INCLUDING, WITHOUT LIMITATION, THE INVESTABLE MASTERMIND PROGRAM AND ITS CONTENT ARE NOT THERAPY. THE SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED BY THE COMPANY THIS PROGRAM OR ANY OTHER PROGRAM OR OTHERWISE ARE NOT AN ALTERNATIVE TO, OR SUBSTITUTE FOR, THE MENTAL HEALTH SERVICES OF A LICENSED THERAPIST. WE URGE YOU TO CONSULT A LICENSED THERAPIST FOR THE DIAGNOSIS AND TREATMENT OF MENTAL HEALTH ISSUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN THE EVENT THE COMPANY BELIEVES YOU ARE MAY HARM YOURSELF OR OTHERS, OR THE COMPANY BECOMES AWARE OF CHILD AND/OR ELDER ABUSE OR NEGLECT, THE COMPANY MAY TAKE ANY AND ALL ACTIONS THE COMPANY DEEMS NECESSARY OR APPROPRIATE UNDER THE CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CONTACTING POLICE AUTHORITIES OR FAMILY MEMBERS, AND THE COMPANY WILL NOT BE LIABLE TO PARTICIPANT OR ANY THIRD PARTIES FOR TAKING SUCH ACTION TO PROTECT PARTICIPANT OR OTHERS. NOTWITHSTANDING THE FOREGOING, THE COMPANY HAS NO DUTY TO PARTICIPANT OR ANY THIRD PARTIES AND WILL NOT BE LIABLE TO PARTICIPANT OR ANY THIRD PARTIES FOR BE INVESTABLE’S FAILURE TO TAKE ANY SUCH ACTION TO PROTECT PARTICIPANT OR THIRD PARTIES.
Release of Liability. Participant, on behalf of himself/herself and his/her spouse, heirs, successors, and personal representatives, now and forever release and discharge the Company and its spouse, heirs, successors, attorneys, insurers, brokers, principals, officers, directors, shareholders, partners, agents, employees, and contractors, and whoever else may be liable, from any and all claims, liabilities, damages, and causes of action of any nature that in any manner arise from or relate to this Agreement. This release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the Participant does not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. Participant EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Participant represents and warrants that he/she has considered the possibility that claims, liabilities, injuries, damages, and causes of action that he/she does not presently know or suspect to exist in their favor may develop, accrue, or be discovered in the future, and that he/she voluntarily assume that risk as part of the consideration for this Agreement.
Notices. Any notices required to be given under this Agreement by either party to the other may be effected by personal delivery in writing via email or by U.S. mail, registered or certified, postage prepaid with return receipt requested. Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered and received as of actual receipt; mailed notices will be deemed delivered and received as of the fifth business day after mailing.
Entire Agreement of the Parties. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the Program and contains all of the representations, covenants, and agreements between the parties with respect to the Program. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this agreement, and that no other agreement, statement, or promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in a writing signed by the party to be charged.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
Arbitration. Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this Agreement including, without limitation, any claim based on contract, tort, or statute, will be resolved at the request of any party to this Agreement by final and binding arbitration conducted at a location determined by the arbitrator in Detroit, Michigan, administered by and in accordance with the then-existing Rules of Practice and Procedure of the Judicial Arbitration & Mediation Services, and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitrator will be a disinterested attorney and/or retired judge. The parties hereto consent to the jurisdiction of the courts in the State of Michigan, Eastern District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the court or the judge thereof may be served by certified or registered mail, return receipt requested.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan.
Assignability and Third-Party Beneficiaries. Participant may assign this Agreement and/or any rights, obligations, and/or claims under this Agreement with the prior written consent of the Company in each instance, and any attempted assignment without such consent is null and void. the Company may assign this Agreement without limitation. This Agreement will be binding upon and shall ensure to the benefit of the respective trustees, legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. Please acknowledge your approval by checking the box on the Business Launch Mastermind Order form, where indicated.
We have made every effort to accurately represent the Program and its potential. Claims of actual earnings can be verified and examples of actual results can be provided upon request. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By signing below, you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on you or your family.