This Speak Your Way to Cash Mastermind Terms and Conditions Agreement (the “Agreement”) is entered into between You, the person enrolling electronically in the mastermind, (also referred to in this Agreement as “Client,” “you,” “your” with no respect to capitalization) and Speak Your Way to Cash® LLC, an Illinois Limited Liability Company (“Company,” “we,” “us,” or “our” with no respect to capitalization) (collectively, the “Parties” and each a “Party”) and governs your access to and participation in the Program, defined below, and all associated Program materials and functionality.

PLEASE READ THIS AGREEMENT CAREFULLY. By purchasing or participating in this Program, you (a) represent and warrant that you are of legal age and sound mind to form a binding contract with us; (b) understand and acknowledge you have a duty to read these terms of participation policy, have done so, and are precluded from using lack of reading as a defense against all remedies contained herein; and (c) accept and agree to be bound and abide by these terms and conditions and any updates we make that are sent to you via the email address that Company has on file for you.

I. THE PROGRAM

Company agrees to provide you access to the Speak Your Way to Cash Mastermind program (“Program”). At the time of contracting you have purchased a twelve-month license to this program and all its benefits. You agree that you are responsible for the fees of the entire 12-month program, whether or not you decide to take advantage of all or any of the membership benefits or discontinue participation in the Program prior to its completion. You agree that you are solely responsible for any payments to any third-party lenders or funding sources that you choose to use to fund your investment in the program.

Participation in this Program will be in a group session format only. Individual coaching is not included in this Program. Please contact ashley@ashleynicolekirkwood.com if you would like to discuss one-on-one coaching.

1. Term. This Agreement is a twelve (12) month term beginning on the date you purchased the program (“Term”). At the end of the Term, the Agreement will automatically renew unless you cancel within 30 days of the Term.

2. Program Benefits. As a part of the program you are entitled to the following benefits, a non-exhaustive summary of which is as follows:

• Monthly Group Mastermind Coaching Calls 
• Monthly Calls with Guest Mastermind Experts 
• (2) Mastermind-Only Events (delivered either virtually or in-person) 
• Access to On-Demand Training & Downloadable Resources 

3. Company reserves the right to reschedule any live event and/or convert any live event to a virtual event, at our sole discretion, and without further compensation to you. Furthermore, in-person experiences may come with additional registration fees that you are responsible for. Some experiences may be on a first-come-first-serve basis. Once tickets are released to the Program, you will need to register as soon as possible or spots may sell out, even for Mastermind-only events.

4. Benefit Disclaimers. Company reserves the right to change program dates and times and no such change serves as a breach of this agreement. if you miss a scheduled one-on-one session with a Company representative you forfeit your session for that month. You agree to reschedule at least three days prior to the scheduled time.

5. Bonuses. You understand that any bonuses or additional perks you receive for enrolling right now are just that, bonuses and not entitlements. As such, you agree that a bonus offered at one time does not guarantee its future availability. If, at any time, payment is delayed, forfeited or otherwise not remitted to Company in accordance with this agreement, all bonuses will be restricted.

6. Fees. Current pricing for the Program will always be available at the time of payment on your completed order form. You may be entitled to certain discounts or benefits at one period of time that are not guaranteed later in time. You acknowledge and agree that the Program is not a subscription service but rather your enrollment fee is due and payable on the chosen schedule at the time of registration. You further agree to pay for the full amount of the Program on the chosen schedule at the time of registration and that any financing you receive is through a third-party NOT the Company. Failure to make timely payments may result not only in the termination of access to the Program but also the acceleration of any remaining payments and collection efforts thereupon.

7. Termination. Though we are committed to providing all clients in the Program with a positive Program experience, please note that by purchasing or participating in this Program, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of payments for any or no reason at all, including if you (i) become disruptive to Company or Program participants; (ii) fail to follow Program guidelines; (iii) violate the intellectual property of the Company or program participants; (iv) appear likely to impair the participation of or violate the confidentiality of other Program participants; or (v) otherwise violate this Agreement as determined by Company. You will still be liable to pay the total contract amount. You also acknowledge and understand that any relationship between the Parties shall cease upon the conclusion, whether by expiration or termination, of this Program. If the Parties wish to continue their relationship, a separate agreement will be entered into.

8. Refunds. By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. If in the future you cannot participate for any reason, you will continue to be billed through the end of the Term in accordance with Section 1 of this Agreement. You also agree to not initiate any chargebacks. The payment terms and no-refunds policies are material conditions to the Company’s execution and participation to enter into this Agreement with you, and the absence of the payment terms and refund policies would cause the Company to not enter into this Agreement.

9. Default from Non-Payment. You agree that you are responsible for the fees for the entire duration of the Program, whether or not you decide to take advantage of all membership benefits or discontinue participation in the Program prior to its completion. Should any payments become more than 30 days late, the entire balance becomes due and payable immediately at day 31. Program participants’ whose funds have not been received within 32 days will be removed from the Program and their participation will be terminated until full payment has been made. Should you be removed from the Program for default of payment, you may not be permitted to rejoin any of Company’s free or paid programs in the future at the sole discretion of the company. And, you may be removed from the social media pages of Company and its founder. No refund will be given to you for any lapsed time where access to the Program was denied, nor will the Term be extended for you.

II. DISCLAIMER

The Program is developed strictly for educational purposes ONLY. The Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to you. Consultant and Company have not promised to, shall not be obligated to, and will not (i) procure or attempt to procure employment, business, sales, speaking engagements, or leads for you; (ii) perform any business management functions, including but not limited to legal, accounting, tax, or investment consulting or advice; (iii) act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy; (iv) act as a public relations manager; (v) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you; or (vi) introduce you to our or the Consultant’s full network of contacts, media partners, or business partners. Neither Consultant nor Company is an employee, agent, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant. Consultant, while a licensed attorney, is not entering into an attorney-client relationship with you and is not providing legal advice hereunder.

Further, Company makes no representations, warranties, or guarantees verbally or in writing. Accordingly, we assume no responsibility for errors or omissions that may appear in any Program materials. We, and our experts, including Consultant, also cannot and do not guarantee outcomes. Every effort has been made to accurately represent this Program and its potential. You understand that because of the nature of the Program, the results you and other participants experience may vary significantly. You further acknowledge and agree that your personal progress in the Program and your ultimate success or failure and earning potential is entirely dependent on you. There is no guarantee you will earn any money using the techniques and ideas presented in the Program. Prior results shall not be construed as a promise or guarantee of earnings, even if we have provided such results as examples or testimonials in the Program.

III. INTELLECTUAL PROPERTY

1. No Transfer. This Program is copyrighted, and the materials provided to you are granted on a limited, non-exclusive, non-transferable license for your individual, personal use only. All intellectual property, including our copyrighted Program and/or course materials, shall remain the sole property of the Company. You are not authorized to share, resell, or use any of our intellectual property for your business purposes. No license to sell or distribute Company’s materials is granted or implied. By purchasing or participating in this Program, you agree (i) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights; (ii) that any confidential information shared by the Company, including without limitation, proprietary intellectual property, services, creative elements, artwork, research material and data, and other confidential and/or proprietary information and ideas that may not have been disclosed to the public, is confidential and proprietary and belongs solely and exclusively to the Company; (iii) not to disclose such confidential information to any other person or entity or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, you agree that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, in addition to terminating your rights to continue participation in the Program, we will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations, and/or any other forms of relief at law or equity as may be available.

2. Your Image, Likeness, and Recordings. You understand and agree that as a condition of your participation in the Program, we will record your participation in group coaching sessions. You further grant us the non-exclusive right in perpetuity to use your image, your posts and comments in Facebook Groups, likeness, video and audio recordings of you, your written statements, name, and biographical and professional information, including information you provide to us through the Program and any other information about you or your participation in our Program for any purpose without compensation or prior permission therefor.

IV. LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, THOUGH WE TAKE COMMERCIALLY REASONABLY STEPS TO ENSURE OPERATION OF THE PROGRAM, INTERRUPTIONS OF SERVICE AND DELAYS MAY ALSO OCCUR AT ANY TIME. WE WILL NOT BE LIABLE IF, FOR ANY REASON, ALL OR ANY PART OF THE PROGRAM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. WE MAKE NO WARRANTY REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM , INCLUDING WITH RESPECT TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY AND ALL PROGRAM MATERIALS FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE ALSO RESERVE THE RIGHT TO WITHDRAW OR AMEND ANY PROGRAM MATERIAL IN OUR SOLE DISCRETION WITHOUT NOTICE, ALTHOUGH WE WILL USE OUR BEST EFFORTS TO PROVIDE NOTICE OF SUBSTANTIVE CHANGES.

YOU UNDERSTAND AND AGREE THAT YOU WILL USE COMPANY’S SERVICES AT YOUR OWN RISK AND THAT THE PROGRAM IS ONLY AN EDUCATIONAL SERVICE BEING PROVIDED. IN CONSIDERATION OF AND AS PART OF YOUR PAYMENT FOR THE RIGHT TO PARTICIPATE IN THE PROGRAM, YOU, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS DO HEREBY RELEASE, WAIVE, ACQUIT, INDEMNIFY, DEFEND, HOLD HARMLESS, AND FOREVER DISCHARGE THE COMPANY AND CONSULTANT, THEIR OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, PRINCIPALS, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, INSTRUCTORS, GUIDES, STAFF, PARTICIPANTS OF THE PROGRAM IN ANY WAY, AND RELATED ENTITIES AS WELL AS THE VENUE WHERE THE PROGRAM IS HELD (IF APPLICABLE) AND ANY OF THEIR OWNERS, EXECUTIVES, AGENTS, OR STAFF FROM ANY AND ALL DAMAGES THAT MAY RESULT FROM ANY CLAIMS ARISING FROM ANY AGREEMENTS, CAUSES OF ACTION, CONTRACTS, CLAIMS, SUITS, COSTS, DEMANDS AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY ARISING FROM YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM. YOU ACCEPT ANY AND ALL RISKS, FORESEEABLE OR UNFORESEEABLE.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND THE CONSULTANT WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, NEGLIGENT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING OR ARISING FROM THE USE, INABILITY TO USE, OR MISUSE OF COMPANY’S SERVICES OR ENROLLMENT IN THE PROGRAM. YOU FURTHER AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ACCESS TO OR PARTICIPATION IN THE PROGRAM DURING THE THIRTY (30) CALENDAR DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

V. MISCELLANEOUS

1. Assignment. You shall not transfer or assign any rights or delegate any obligations under this Agreement without our express written consent. Any purported transfer, assignment, or delegation in violation of this paragraph is null and void.

2. Choice of Law; Jurisdiction. You hereby expressly agree to waive any and all claims you may have, now or in the future, arising out of or relating to the Program, the Company, the Consultant, and these Terms. To the extent that you attempt to assert any such claim, you expressly waive any right to trial before a jury or judge in a court of law and agree to present such claim only through binding arbitration to occur before a single arbitrator in Chicago, Illinois, in accordance with the procedural rules of the American Arbitration Association in force at the time, except that such arbitrator shall be an attorney licensed to practice in Illinois, and in accordance with the substantive rules of the State of Illinois without reference to the conflicts of laws principles thereof. This Agreement shall be governed under the laws of the State of Illinois. 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 or administrating the arbitration.

3. Entire Agreement; Modification. This Agreement, along with our Privacy Policy, and Order Form (also referred to as the checkout form used to take payment) constitute the entire agreement between you and us with respect to the Program. Accordingly, this Agreement supersedes all prior or contemporaneous, oral, written, electronic, or implied communications or understandings, between you and us with respect to the Program. We may modify terms of this Agreement at any time in our sole discretion. All modifications shall be posted on the Company’s website, effective immediately upon posting. You acknowledge and agree that it is at all times your responsibility to review this Agreement for modifications and updates. Your continued participation in the Program following the posting of the revised Agreement constitutes your acceptance of any revised terms.

4. Indemnification. You agree to defend, indemnify, and hold harmless the Company, the Consultant, and their employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale of, the sale of, and/or your use of or inability to use or participate in the Program, excluding, however, any such expenses and liabilities which may result from their breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, or successors. You also agree to defend Company and the Consultant in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company or the Consultant.

5. Force Majeure. If the performance of any part of this Agreement is prevented, hindered, delayed or otherwise made impracticable because of a Pandemic, an act of God, riot or civil commotion, act of public enemy, terrorism, order or act of any government or governmental instrumentality (whether federal, state, local or foreign), interruption in the provision of electricity, water, or other utilities or infrastructure necessary or reasonably expected for the provision of services or for the performance of the Company’s obligations hereunder, or similar cause beyond the Company's control, the Company shall be excused from such performance to the extent that performance is prevented, hindered or delayed by such causes, regardless of whether foreseeable at the execution of this Agreement.

6. Non-Disparagement. You agree to not make any disparaging statements, whether written or orally, regarding the Company, other Program participants, or any related entities, agents, management, employees, or principals of Company and shall not take any other action which is designed to, intended to, or might have a detrimental effect on the business or operation of Company, their public image or reputation or relations with customers, employees, vendors, investors, business associates, or the public.

7. Third-Party Websites. Our Program may contain links to third-party websites, including but not limited to Facebook (“Third-Party Websites”). Third-Party Websites are not under our control and are governed by their own respective terms of use, privacy policies, and other legal documents. Accordingly, we are not responsible for examining or evaluating the content or accuracy of such Third-Party Websites and do not guarantee and will not be liable for any interaction you may have at such Third-Party Websites. We also will not be liable, if, for any reason, all or any part of the Third-Party Website is unavailable at any time or for any period. These Third-Party Websites are provided to you only as a convenience and as a complimentary service, and their inclusion in our Program does not imply our endorsement or affiliation with them. You agree that any claims, concerns, or questions regarding such Third-Party Websites shall be directed to such Third-Party Websites.

8. Severability; Waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force, and such invalid or unenforceable provision will not invalidate or render unenforceable such provision in any other jurisdiction. The failure or delay of any Party to exercise any right provided for herein shall not be deemed a waiver of that right or any further rights hereunder. Nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.

9. Business Capacity. By signing this Agreement, you are attesting to your operating in the capacity as a business owner and not as an individual consumer, regardless of whether or not you have formed a separate business entity.