Terms and Conditions
*These Terms & Conditions apply to the Foundation & Clarity Collective Mastermind ONLY.
*Scroll to the bottom for Terms & Conditions of other products offered.
FOUNDATION & CLARITY COLLECTIVE:
Lindsay Nicole Photography, LLC
THE FOUNDATION & CLARITY COLLECTIVE MASTERMIND PROGRAM
LINDSAY NICOLE PHOTOGRAPHY, LLC, (“Company”, “Us”, or “We”) is excited to welcome You (“You”, “Your”, or “Member”) to the FOUNDATION AND CLARITY COLLECTIVE Mastermind Program (the “Program”)!
THE COLLECTIVE: LIVE is an EIGHT (8) WEEK group mastermind program designed to help You implement systems, pricing, and strategies to build a profitable, sustainable photography business through structured action and support.
As a condition of Your membership in the Program, You agree to be bound by the following Terms and Conditions (“Terms” or “Agreement”), as effective on date of purchase/enrollment (“Effective Date”). If You do not wish to be bound by these Terms please do not join the Program. We reserve the right to change these Terms from time to time with or without notice to You. You acknowledge and agree that it is Your responsibility to periodically review these Terms. Your continued membership in the Program will constitute acknowledgment and acceptance of the modified Terms.
TERMS AND CONDITIONS
1. Program Platform Access and Content.
Platform Access.
We utilize StanStore (the “Platform”), a third-party software, to manage our Program. Upon joining the Program, You will be prompted to create a profile on the Platform utilizing credentials that are unique to You (“Access Credentials''). Under no circumstance are You to share Your Access Credentials with anyone.
Program Content.
Access to Content. You will receive access to Program Content upon enrollment through Our Platform. Access to the live mastermind experience (including Telegram support and live calls) is limited to the eight (8) week Program duration.
You will retain access to the pre-recorded Program Content and curriculum materials for the lifetime of the program.
Ownership of Content. Any information, processes, communications, published works, photos, videos, graphics, or other materials (“Program Content”) that You receive access to during Your membership in the Program is solely owned by Company. By accepting these Terms, you agree that all content presented to You during Your membership is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Us. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Program Content in any form or any means whatsoever without prior written permission from us. Any unauthorized use of Program Content violates our intellectual property interests and will result in criminal or civil penalties.
2. Program Fee and Payment Terms
Enrollment in the Program requires payment in one of the following options:
• Pay in Full: $1,000 USD at early bird pricing or $1500 USD at regular pricing
• Payment Plan: Two (2) payments of $500 USD early bird pricing or two (2) payments of $750 USD at regular pricing
By selecting the payment plan, You agree to complete all scheduled payments. Failure to complete remaining payments does not release You from Your financial obligation.
All payments are non-refundable and non-transferrable
Because this is a short-term, implementation-based program with immediate access to materials and support, no cancellations or early terminations are permitted once enrolled.
Failure of a payment (for payment plans) may result in suspension or removal from the Program and access to content revoked until the balance is brought current.
3. Program Coaching Support and Q&A.
This Program includes:
• Access to a private Telegram group for support during the 8-week Program
• Coaching support provided Monday through Thursday during business hours 2-3x per day
• Four (4) live group coaching calls via Zoom for Q&A and real-time support
Support is provided in the order messages are received and is designed to support implementation of work You are actively completing.
4. Program Results Disclaimer and Warranties.
While We operate to the best of Our ability and judgment, We cannot guarantee that this Program will yield or guarantee You any specific results. You agree and acknowledge that Your participation in the Program does not guarantee or yield any specific results to you. You agree to not hold Us liable for any results as a participant in this Program.
5. Confidentiality.
The Parties agree to keep confidential any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, “Confidential Information”). The term Confidential Information includes the terms of this Agreement. The Parties shall use all commercially practicable efforts to safeguard the secrecy and confidentiality of each other’s Confidential Information, and shall not disclose any of the Confidential Information to any third party (other than as required to fulfill its contractual obligations or with the written consent of the other party), during the Term and thereafter.
6. Indemnification.
Each party agrees to indemnify, defend, and hold the other party harmless from all foreseeable claims, losses, expenses, fees (including reasonable attorneys’ fees) costs, and judgments, that may be asserted against the other party that results from its breach of this Agreement, its negligence, or its willful misconduct.
7. Limitation of Liability.
Except for indemnification obligations, neither party will be liable for damages that are remote or speculative, or that the breaching party could not reasonably have foreseen when entering into this Agreement.
8. Term and Termination.
The Term of this Agreement begins on the Effective Date and continues through the completion of the eight (8) week Program. Due to the nature of this Program, no cancellations, pauses, or extensions are permitted once the Program has begun. Company reserves the right to remove any participant for breach of this Agreement without refund.
9. Miscellaneous Provisions.
9.1 Governing Law and Dispute Resolution. This Agreement shall be construed under and in accordance with laws of the State of OHIO without regard to conflict of law principles.
Next Sentence, Option 1: Any controversy or claim arising out of or relating to this Agreement, and any other disputes between the parties, shall be resolved in the courts in the State of OHIO.
OR
Next Sentence, Option 2: Any controversy or claim arising out of or relating to this Agreement, and any other disputes between the parties, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in a court of competent jurisdiction in the State of OHIO.
9.2 Representations and Warranties.
Each party represents and warrants to the other party that it has the right to enter into this Agreement and fulfill its obligations without violating any other agreement entered into with any third-party. Each party further represents and warrants to the other party that to the best of its knowledge, any and all materials or information of any kind that it provides: (i) does not infringe upon any third-party rights of any kind, including without limitation, any intellectual property rights, unfair competition, or publicity or privacy rights; and (ii) is true and accurate in all respects.
9.3 Assignments.
The benefits and obligations of each of the parties under this Agreement may not be assigned without the written consent of the other party.
9.4 Schedules and Exhibits.
All Schedules and Exhibits to this Agreement, if any, are incorporated by reference into, and made a part of, this Agreement.
9.5 Severability.
In case any one or more of the provisions contained in this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.
9.6 Interpretation.
The fact of authorship by or at the request of a party must not affect the construction or interpretation of this Agreement.
9.7 Force Majeure.
Neither Party will be liable to the other or will be considered to be in breach of this Agreement, on account of any delay or failure to perform as a result of any acts of God, acts of any political entity, natural disasters, pandemics and epidemics, or any other causes or conditions that are beyond such party’s reasonable control. Should any such event occur, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
9.8 Notice.
Any notice required to be given under this Agreement must be in writing and delivered to the other designated party via email.
9.9 Relationship of the Parties.
The relationship between the Parties under this Agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement.
9.10 Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. You certify and acknowledge that they have had the opportunity to read this Agreement and that You have voluntarily entered into this Agreement fully aware of its terms and conditions.
1:1 MENTORSHIP APPLICATION:
Submitting an application does not commit you to any purchase or service.
If accepted, all terms, payment details, and expectations will be outlined in a separate contract prior to any payment being collected.
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HALLOWEEN MINI EVENT GUIDE & TEMPLATES: A Digital Download
CUSTOM WARDROBE STYLING ECOURSE: An online ecourse with access for the lifetime of the course
STRATEGY CALL: See product page for specific details
PINNED POST TEMPLATE: Please customize to your own branding, photos, fonts and text. PHOTOS ARE FOR EXAMPLE PURPOSES ONLY. DO NOT USE in your final design.
