Updated October 5, 2022
Founding Members Participation Agreement
This Founding Members Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant, identified through the course check out/payment page in the Stress-Free Homebuyer program (“Program”) created by Growing Home LLC., a California company (“Company”)
1. The Program
The Program is a six-module digital course program with 6 months access to all course materials and bi-weekly Q&A calls to educate home buyers on how to sustainably and soulfully scale their impact + income. The Program will be delivered through weekly trainings starting one week after three (3) founding members sign up for the course.
2. Program Fee and Payment Schedule
a. Program Fee: The Fee for the Program is $250.00 USD if the Participant pays in full at time of signing this Agreement or 2 monthly payments of $125.00 USD 28 days after first payment of program. The Program Fee includes:
b. For Participants Paying in Full Within two (2) calendar days of being notified by the Company of acceptance into the Program, Participant must return a signed copy of this Agreement and pay the Program Fee of $250.00 USD. Failure to participate in any surveys circulated by the Company during the course of the program and submitting a final and pay the Initial Payment by the foregoing deadline will result in the Participant forfeiting his/her admission into the Program.
c. If you select the payment plan, billing dates will not be adjusted and will remain the same during your payment plan, and you will remain responsible for those payments as you understand, acknowledge and agree that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account. You agree not to cancel or avoid these payments. In the event that any payment is not made, and if all eligible payment methods we have on file for you are declined for payment of your monthly fee, you agree to provide a new eligible payment method promptly or your program access will be suspended and your account will be turned over to collections. For clarity, this Agreement constitutes a legal obligation for you to finish out your payment plan in full. You understand, acknowledge, and agree that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
d. No Refunds: Refunds of the Program Fee are not available. Participant agrees to make timely and full payments of the Program Fee to the Company even if Participant is unable to attend founding member trainings, bi-weekly Q&A calls or otherwise fully participate in the Program. All trainings will be recorded and included in the course platform if participants cannot attend live.
3. Participant's Conduct
Participant assumes all risk and/or liability that may arise or be incurred while participating in this Program. Participant agrees to conduct her/himself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
4. Access
The Program may only be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including any usernames, passwords, discount codes, content, materials, other resources may only be used by the Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
5. Confidentiality
Participant understands that given the group format of this delivery of this Program, information provided or shared with the Company or other participants, whether in the form of comments, feedback on surveys, discussions in Program related forums, Q&A calls, webcasts, or otherwise, is not confidential and the Company shall have no obligation of nondisclosure with respect to any such information.
6. No Lifetime Access
Participant understands that their enrollment in the program is a period of six (6) months. Participant will not have access to the Program and its content after the Program End Date, unless you renew and purchase access again.
7. Release
Participant acknowledges and agrees that Participant may be photographed or recorded during the Program. Participant further agrees that the Company may use any written statements, images, survey responses, audio recordings or video recordings of Participant obtained while enrolled in the Program. The foregoing includes any content Participant may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Participant’s participation in the Program. Participant waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Participant waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization or related to or arising from the Company’s use of such written statements, images, survey responses, audio recordings and video recordings.
8. Intellectual Property
Participant acknowledges and agrees that all intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned solely by the Company or the Company partners presenting during the course of the Program. Participant agrees not to use or reproduce or allow anyone to use or reproduce such content or materials displayed, distributed or provided in connection with the Program for any reason without the prior written permission of the Company. Participants will not use any of the Program content or materials to teach any third party, or otherwise disclose or discuss Program content or materials or any other information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to the Participant by this Agreement.
9. Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that they is fully responsible for their progress and results and that the Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profits, personal wealth or net worth growth, or results of any kind. The Company does not guarantee that the Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented in the Program, and nothing in the Program is a promise or guarantee to the Participant of such results. Any examples of personal wealth earned by others or testimonials about this Program are not meant as a promise or guarantee of the Participant's own wealth or success.
10. Indemnification
Participant agrees to defend, indemnify and hold harmless the Company and its officers, directors, employees, shareholders and affiliates from and against any and all costs, expenses, damages, and liabilities, including reasonable attorneys’ fees, that may be suffered or alleged to be suffered by Participant related to or arising from the Program, Participant’s participation in the Program or Participant’s use or application of any Program content or materials. The Participant shall also defend, indemnify and hold harmless the Company against any and all losses, damages, liabilities, costs or expenses of whatever kind, including reasonable attorney’s fees, incurred by it in connection with enforcing any of its rights, including any rights to indemnification, under this Agreement.
11. Force Majeure
The Company shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, pandemics (including COVID-19), government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
12. Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in the County of Los Angeles, California. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
13. Entire Agreement Waiver
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
14. Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
15. Severability
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.