Terms and Conditions
MESSAGE FROM KIM
Thank you for joining KG Enterprises, LLC for Authority Creator™ Mastermind.
This is your contract. Please read it carefully because you are making an important commitment to KG Enterprises, LLC.
You are securing one in a limited number of places in the Authority Creator™ Mastermind.
TERMS & CONDITIONS
- There is a NO REFUNDS policy. You acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. KG Enterprises, LLC considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, KG Enterprises, LLC may assess an additional $250 fee to you.
- You are a Business Owner. You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.
- Disclaimer of Warranties. Participant understands the Mastermind Program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
- If we get sued due to something you did: You agree to indemnify, defend and hold harmless KG Enterprises, LLC, its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.
- Damages are limited under this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
- No Accreditation. Participant acknowledges that no representation has been made concerning the accreditation of the Mastermind. It is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation or any other designated agency or accrediting body recognized by the United States Department of Education.
- No Professional Advice. The Company does not engage in the rendering of medical, legal, accounting, financial, or other professional services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.
- No Guarantee of Results; Risk of Loss. Results from the Mastermind are greatly dependent upon individual decisions, abilities, and other factors outside Company’s control, and the Company makes no guarantees or warranties that information provided to you through the Mastermind Program will provide results.
- KG Enterprises can end your participation in the program. In this circumstance, Company will provide a monthly pro-rated refund to you if you are paid in full. If you are on a payment plan, all future payments will cease.
- Virginia law governs this Agreement and it will be enforced by either party in Virginia. This Agreement will be governed by Virginia law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Blacksburg, Virginia.
- No Assignment; No oral waivers or modifications. This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company.
- Electronic Acknowledgement and Other Documents. You agree that your electronic acknowledgement is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, waivers and/or limitations of liability, payment authorizations, and/or publicity releases.
- No relationship. The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.Vir
YOUR MASTERMIND DOES NOT INCLUDE:
- Services. Done-for-you services of any kind are not included.
- Mentoring. One-on-one mentoring is limited to the Business Intention Quickstart Call. (unless you received it as a bonus for joining). This is a group support experience; please allow two (2) business days for responses to questions inside of the Community from KG Enterprises.
- Live Retreat Food & Accommodations. Live Retreat inclusions are limited to the mentoring and training you will receive by Kim and team. Travel, food and accommodations are at your own expense. If KG Enterprises hosts at a collaborative location, all food and accommodation expenses will need to be paid for by the prescribed deadlines prior to the live event.
- Endorsements. You are not receiving an endorsement from KG Enterprises, LLC or Kim Garst, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by KG Enterprises, LLC.
- Ownership of Written Materials. As a participant, you will have one license to view written materials provided by KG Enterprises, LLC. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information is also protected by a contractual license between the provider and KG Enterprises, LLC. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of KG Enterprises, LLC, which it may withhold for any reason, and purchase of a license (prices start at $2,500.00).
- Trademark Usage. KG Enterprises, LLC protects its names! You are not receiving permission to use trade and service marks like KG Enterprises, LLC, Kim Garst, Designed to Scale™ Mastermind, or any other trademark of the Company, even if not listed here.
- Results Not Guaranteed. You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the Designed to Scale™ Mastermind.
- Confidentiality. KG Enterprises, LLC cannot guarantee confidentiality among the participants. Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party.the
LIVE RETREAT AGREEMENTS
Release of Liability and Confidentiality Agreement
This agreement applies to all participants associated with and/or involved in the activities or affairs of KG Enterprises, LLC, its members, affiliates, and employees or loaned executives.
All knowledge and information generated through, originating from, or having to do with KG Enterprises, LLC, or persons associated with our activities, including contractors, is to be considered privileged and confidential and is not to be disclosed to any third party. All pages, forms, information, designs, documents, printed matter, policies and procedures, conversations, messages (received or transmitted), resources, contacts, email lists, email messages, client, staff or public information is confidential and the sole property of KG Enterprises, LLC.
This also includes, but is not limited to, any information of, or relating to, our staff, clients, operations, and activities. This privilege extends to all forms and formats in which the information is maintained and stored, including, but not limited to hardcopy, photocopy, microform, automated and/or electronic form.
Client information, including all file information, is not to be disclosed to any third party, under any circumstances, without the consent of KG Enterprises, LLC.
Any disclosure, misuse, copying or transmitting of any material, data or information, whether intentional or unintentional, will subject you to disciplinary action and/or prosecution, according to the procedures set by KG Enterprises, LLC, or any applicable laws.
I, the undersigned, hereby release and agree to hold harmless KG Enterprises, LLC, its members, affiliates, and employees or loaned executives of any and all liability that could possibly be incurred as a result of my negligence, intentional or unintentional, during or after this ceremony, including another events or workshops. I am 100% responsible for my well-being.
Additionally, I agree to the following:
- I will bring to the attention of KG Enterprises, LLC, and staff if any challenges come up during or after my Mastermind experience.
- I recognize that any and all information shared with me as part of the Mastermind experience are confidential and shall not be divulged to unauthorized individuals, agencies, or organizations.
- I will not copy, transcribe, record, or memorize confidential information in any manner, nor disclose or use such information for any reason.
THIS AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. I have had the opportunity to read and understand the release and acknowledge that by signing the document, I am waiving certain legal rights in the event of injury.
Photograph & Video Release Form
The undersigned enters into the following agreement (“Agreement”) with KG Enterprises, LLC, (“Producer”). I have been informed that Producer is capturing audio, video and still footage and that my name, likeness, image, voice, appearance and/or performance is being recorded and made part of the recording in which I appear (“Product”).
- I grant Producer and its designees the right to use the Product in any format, now known or later developed. I grant, without limitation, the right to edit, mix or duplicate and use or re-use Product in whole or in parts as Producer may elect. Producer or its designees have complete ownership of the Product, including copyright interests.
- I grant Producer and its designees the right to broadcast, exhibit, market and otherwise distribute the Product, in whole or in parts, and alone or with other products, for any purpose Producer or its designees determine. This grant includes the right to use Product for promoting or publicizing.
- I have the right to enter into Agreement and am not restricted by commitments to third parties.
- Producer has no financial commitment or obligations to me as a result of Agreement.
- In consideration of all the above, I hereby acknowledge receipt of reasonable and fair consideration from Producer. I have read, understand and agree to all of the above and that the rights granted Producer herein are perpetual and worldwide.
PAYMENT DETAILS & AGREEMENT
- I agree to all Terms & Conditions as outlined in this document. I authorize KG Enterprises, LLC to charge my card to fulfill all outlined payment requirements, as described above and honor all commitments contained herein.
- I understand that should payments become outstanding/overdue, beyond 30 days, will result in the suspension of access to all on line support, mentoring, and all other related services.
- I agree to allow, and not dispute, regular monthly recurring charges to my credit card, to fulfill all agreed-upon monthly payment commitments until the account is paid in full.
- Failure to fulfill my regular, agreed-upon monthly payments, will result in the entire contract amount becoming immediately due.