THE HUSTLE LESS PROFIT MORE CLUB MEMBERSHIP AGREEMENT
Thank you for enrolling in The Hustle Less Profit More Club (“Membership”).
All sales are final for this Membership, and payments will continue to be charged until the Subscription is cancelled manually, pursuant to the terms & conditions (the “Agreement”) below.
By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in full or partial) for the Membership for which these terms appear, you (hereinafter referred to as “you” or “Customer”) agree to be provided with the Membership created by Michaela Anderson ("Creator"), and you are executing a legally binding agreement with Michaela Anderson subject to the following terms and conditions:
Michaela Anderson (“Creator”) is a company that provides prospective and actual business owners with online marketing frameworks, templates and other educational materials.
Creator has created the Hustle Less Profit More Club ("Membership") as an ongoing subscription-based platform to educate Customers on how to create and execute effective marketing funnels while running an online business.
The Membership is an annual program that may include pre-recorded videos, a private online community, and Live Q&A sessions.
There are two (2) payment options in the Membership: monthly or annual payments. Customer has the option to select the preferred payment option on the website sales page, and this Agreement will be bound by that selection as the term of this Agreement and shall be obligated to make all payments pursuant to Customer’s selection.
2) PAYMENT & FEES
(a) Upon execution of this Agreement, Customer agrees to pay to the Creator the full purchase amount for the Membership (the “Membership Fee”), regardless of what payment option Customer selects at checkout.
(b) This is a subscription-based product with recurring billing, pursuant to the timeframe selected by Customer at checkout. The initial Membership Fee will be billed at checkout and the start of Customer’s membership; the recurring Membership Fee will be billed each month or year, depending on the option selected by Customer at checkout. Payments will be automatically billed via the same payment method used at checkout. See Section 3 (Cancellation) with instructions to cancel.
(c) Customer authorizes Creator to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment.
(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Membership.
(e) The Customer shall not threaten or make any chargebacks to the Creator’s account or cancel the credit card that is provided as security without the Creator’s prior written consent. Creator reserves the right to collect any and all monies owed by Customer to Creator for the Membership, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Creator reserves the right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees - Creator understands that, from time to time, there are issues with payment. All payments must be received by Creator within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $15.00 CAD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Membership. Customer shall still remain responsible to make all payments due and owing under this Agreement to Creator in the event Customer’s access to the Membership is revoked.
3) TERM, TERMINATION & CANCELLATION
(a) Term - The Term of the Agreement shall be for at least twelve (12) months, with the exception of Sections 8 through 11, which shall survive the Term of this Agreement, and continue until either party terminates pursuant to the cancellation policy below.
In other words, if Customer selects the monthly payment option, then Customer will be charged once a month for at least twelve months until terminated by either party and the Term of the Agreement shall be for twelve months; if the Customer selects the annual option, then Customer will be charged for twelve months and the Term of the Agreement shall be for at least twelve months and continue annually until terminated by either party.
(b) Termination - Customer dissatisfaction with Creator and/or Membership creator’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Membership, Customer is nevertheless responsible for all payments due and owed under this Agreement and executing this Agreement.
(c) Cancellation - This is a subscription-based Membership. The subscription shall automatically renew at the end of the initial term of twelve months until Customer cancels. In order to cancel their Membership and terminate the Agreement, Customer must notify Creator in writing via email at [email protected] at least one (1) day before the initial term expires in order to avoid being billed for the renewal (“Cancellation”). After Cancellation, Customer may continue to use their account for the Membership for the duration of their billing period. Following Cancellation, you will lose access to all information, workshops, group communities and other Membership content.
(a) The Creator is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.
(b) Customer understands that the Membership is created to help Customer learn new skills and assist Customer with finding their own direction. The Membership may offer guidance regarding business decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Membership has been designed by Creator for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional marketing practices. Through the Membership, the Creator might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Membership. Customer also acknowledges that the Creator cannot and does not guarantee that implementation of the Membership will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Creator from any liability regarding said decision. By using Creator’s services and purchasing this Membership, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Creator will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Membership. Customer agrees that use of this Membership is at Customer’s own risk.
(c) Customer hereby acknowledges that business and marketing coaching are subjective services and Creator’s methods to provide this service may change in terms of style and/or technique. Creator and/or Coach may use its personal judgment to provide the Membership services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.
(d) This Membership may include access to third-party content, provided as a courtesy. Creator is not responsible or liable for any third-party content inside the Membership.
(e) This Membership does not include: 1) individualized advice and feedback; 2) procuring business or potential Customers for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Creator’s professional network and business relationships.
(f) Communication With Other Members - Creator shall not be held liable, either directly or indirectly, for Customer’s communication with any other student or third-party that may or may not be part of the Membership. For instance, as part of the Membership, the Creator may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Creator is not liable for the actions of those third-parties, nor is Creator to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While Creator will take reasonable measures to ensure there is no injurious communications inside the Membership, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
5) MEMBERSHIP SPECIFICS
The Membership includes pre-recorded videos, templates, workbooks, and/or other resources. The Membership also includes monthly live Question & Answer group call to assist the Membership customers as a group to better understand the techniques and strategies discussed in the modules. The Creator also agrees to provide additional feedback in the form of a private Community Group created exclusively for the Membership Customers.
Creator reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined exclusively by Creator.
This Membership may be distributed by Creator either directly or through a third-party platform. Creator reserves the right to substitute services equal to or comparable to the value of Membership if reasonably required by the prevailing circumstances as determined by Creator. Access to this Membership is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). Creator is not liable for any limitation of access to the Membership caused by Kajabi.
6) CUSTOMER’S RESPONSIBILITIES
(a) The Membership has been developed for educational purposes only. The Creator has established its proprietary Membership in order to educate and inspire Customer to pursue their business and personal goals. However, Customer hereby acknowledges that Creator does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Membership. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Membership. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply enrolling in the Membership or utilizing the tools, resources, or advice provided therein.
(b) Community Guidelines - By participating in the Membership and executing this Agreement, Customer hereby agrees to abide by all Creator Membership Community Guidelines, which are as follows:
- No bullying
- No harassment
- No hate speech
- No self-promotion
- No spam
- No cross-promotion
- No solicitation.
(c)Zero Tolerance Policy - Creator employs a Zero Tolerance policy inside the Membership as it pertains to harassment of Creator representatives and/or other students inside the Membership.
“Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.
If Customer or any other student harasses a Creator member or other student inside the Membership, Creator will give one (1) warning to Customer or the student to modify their behaviour. Thereafter, upon a second incident of Harassment, Creator will immediately remove the Customer or student from the Membership with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Creator and will be a decision made based on the facts and evidence at-hand (ie. writings, emails, screenshots, etc.).
7) REFUND POLICY
All sales are final for this membership. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds. Membership Fees are non-refundable and there are no credits for partially used enrollment periods.
8) NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
Confidential Information & Non-Disclosure - Creator takes pride in her proprietary information included in each Membership. As such, Customer agrees and acknowledges all Confidential Information shared through this Membership and by the Creator is confidential, proprietary, and belongs exclusively to the Creator.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Customer;
- Any templates, worksheets or documents shared with Customer;
- Any information disclosed in association with this Agreement;
- Any systems, sequences, processes, or trade secrets in connection with the Membership or Creator’s business practices.
Testimonials - Creator also agrees to protect Customer’s personally identifiable information. However, from time to time, Creator may use general statements about Customer’s success for testimonials as part of Creator’s marketing strategy. By agreeing to these Terms, Customer agrees to Creator sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Creator.
Non-Disparagement - Customer agrees, during and/or after use of Membership, to refrain from making any statements, whether oral or in writing, that negatively impact Creator’s Membership, business, services, programs, or reputation.
9) INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Membership and the related content shall be considered intellectual property owned by Creator. Other examples of intellectual property owned by Creator and within Creator’s Memberships include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Memberships (collectively referred to as “Intellectual Property”).
Limited License - Creator grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Creator to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Membership is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Memberships or parts of the Membership without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Creator’s Intellectual Property and proprietary information in the following manner:
- Teaching Customer’s Customers/customers/audience any of the information, methods, solutions, or formulae owned by Creator and passing it off as Customer’s own;
- Copying any of Creator’s Membership content and/or material for Customer’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Creator in either whole or part without prior written consent.
10) INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Creator is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation or use of this Membership, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to create a new product or service, any of Customer’s business and marketing decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Creator of any claims that may arise after use of this Membership.
Access to this Membership is currently through a third-party platform, Kajabi LLC. Creator is not liable for any limitation of access to the Membership caused by Kajabi LLC.
- Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
- Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
- Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
- All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
- Governing Law - Creator is located in the United States and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Ontario, Canada.
- Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
- Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Membership shall not exceed the total cost of the Membership.
- Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I have read and agree to the terms and conditions of this page as follows” at the Membership checkout page and by rendering a payment.