Master the Media Program Agreement

In purchasing and participating in the Master the Media Online Program, you agree to the following terms:

This Agreement (“Agreement”) is made effective on the date of purchase between Master the Media dba Amy Gorin Nutrition LLC (the “Company”) and the purchaser (hereafter “Client”), for the purpose of Client purchasing and participating in the Company’s educational group media coaching program (the “Program”).

1. Overview of the Master the Media Programs

Master the Media FREE Bootcamp:

As part of the Program, Company shall provide the following to Client:

Master the Media Coaching Program:

As part of the Program, Company shall provide the following to Client:

Master the Media MASTERMIND Program:

As part of the Program, Company shall provide the following to Client:

Master the Media Extra Hand Holding Program:

As part of the Program, Company shall provide the following to Client:

2. Program Terms

Master the Media FREE Bootcamp:

The Bootcamp is free. After enrollment, Client will be given access to the Program materials in Thinkific. Client will have access to program materials for the duration of the seven (7) day program (“Term”).

Client is granted only one license to access the Program and use Program materials, and Client agrees and understands that the Program materials may not be shared with any third party. If Company suspects that any Program materials have been shared and/or Client has shared log-in information with another party, Client reserves the right to terminate Client’s access to the Program immediately.

Master the Media Coaching Program:

After purchasing the Program, Client will be given access to the Program materials in Thinkific. Client will have lifetime access to program. In the event Company takes the Program offline, Company will notify Client within thirty (30) days of doing so and Client will be able to download the Program materials onto his/her own media storage.

Client is granted only one license to access the Program and use Program materials, and Client agrees and understands that the Program materials may not be shared with any third party. If Company suspects that any Program materials have been shared and/or Client has shared log-in information with another party, Client reserves the right to terminate Client’s access to the Program immediately.

Master the Media MASTERMIND:

To be eligible for enrollment in Master the Media MASTERMIND, Client must receive an invitation from Company or apply to the program and be accepted by Company. After purchasing the Program, Client will be given access to the Program materials in Thinkific. Client will have access to program materials for the duration of the one (1) month program (“Term”) and will continue to have access as long as the Client is subscribed to the Program. In the event Company takes the Program offline, Company will notify Client within thirty (30) days of doing so and Client will be able to download the Program materials onto his/her own media storage.

Client is granted only one license to access the Program and use Program materials, and Client agrees and understands that the Program materials may not be shared with any third party. If Company suspects that any Program materials have been shared and/or Client has shared log-in information with another party, Client reserves the right to terminate Client’s access to the Program immediately.

 3. Group Coaching Calls

Master the Media FREE Bootcamp:

The Program does not include any group coaching calls.

Master the Media Coaching Program:

The Program includes live group coaching calls conducted via Zoom or another similar online video software. Client understands that each call will last for approximately forty-five (45) minutes and will not go over time. Client understands that all group coaching calls will be scheduled in advance and it is Client’s responsibility to make time in Client’s personal schedule to be in attendance at all coaching calls. Client understands that all calls will be recorded and available to watch and listen to by all Program participants. Client will have lifetime access to call recordings. Client understands that questions to be asked on calls must be submitted at least 24 hours in advance of live calls. Client understands that group coaching calls will only occur during Program Term and will not roll over or extend past the Term of the Program.

Master the Media MASTERMIND:

The Program includes live group coaching calls conducted via Zoom or another similar online video software. Client understands that each call will last for approximately sixty (60) minutes and will not go over time. Client understands that all group coaching calls will be scheduled in advance and it is Client’s responsibility to make time in Client’s personal schedule to be in attendance at all coaching calls. Client understands that all calls will be recorded and available to watch and listen to by all Program participants. Call recordings will only be available during the Program Term. Client understands access to recorded coaching calls will end at the end of Program Term. Client understands that questions to be asked on calls must be submitted at least 24 hours in advance of live calls. Client understands that group coaching calls will only occur during Program Term and will not roll over or extend past the Term of the Program.

4. Facebook Group

Master the Media FREE Bootcamp

There is no private Facebook group access for Clients enrolled in the Master the Media FREE Bootcamp.

Master the Media Coaching Program and Master the Media MASTERMIND

On the program start date, Client will be given access to the private Facebook group for the duration of the Term. Client’s access to the private Facebook group will terminate at the end of the Program Term. The Program encourages clients to participate in the private Facebook group to provide a way to engage, share progress, and discuss information about the Program. The Client understands that Client should use common sense and courtesy when submitting comments or materials within the group. Additionally, Client understands that submissions or behavior deemed inappropriate by Company will be removed at Company’s sole discretion. Client agrees to not use the Facebook group for self promotion of Client’s own business or services or for any commercial use of any kind. Client understands that Facebook is a third-party software. Currently, the group is set to “secret” mode, which means that it may not be accessed by the public. If at any time the Facebook group becomes public due to a change in Facebook policies or a malfunction, the Client is responsible for removing and/or deleting any and all sensitive information from the Program Facebook group.

5. Communication

Master the Media FREE Bootcamp

There is no communication support for Clients enrolled in the Master the Media FREE Bootcamp.

Master the Media Coaching Program and Master the Media MASTERMIND

Client understands and agrees that Program provides ongoing communication and support during the Program Term only. Communication will take place through the private Facebook group for paid Program participants only. Client understands that Company will not respond to communication coming from Clients from other avenues including e-mail, direct message, and/or social media comments on other platforms or other Facebook groups outside of the private Facebook group for Program participants. Company is generally available to provide services during normal business hours, excluding national holidays. Normal business hours are understood to be nine (9) am to five (5) pm ET Monday through Friday. Client understands that Company will respond to communication via the private Facebook group with twenty-four (24) to forty-eight (48) hours during normal business hours.

6. Fees

Client agrees to compensate Company the dollar amount (“Fee) listed in Exhibit A (for Master the Media Coaching Program), Exhibit B (for Master the Media MASTERMIND), or Exhibit C (for Master the Media Extra Hand Holding) in consideration for access to the Program for the Term. Client understands that payment may be made in full or Client may elect to use the monthly payment plan. If Client selects the monthly payment plan, Client understands that subsequent installments will be paid on the same day of each succeeding month until the entire Fee has been paid in full. Client agrees that all payments will be paid on time and any default in payment on the payment plan will result in removal from the Program immediately. Client understands that Client will receive access to the Program only after the Program Fee has been paid in full or the first installment payment has been paid. Client understands that any additional services outside the Program, including but not limited to coaching sessions, e-mails, and calls, will require a new written agreement and fee schedule.

7. Program Payment Plan

Client agrees that if Client elects for the payment plan, Client grants Company permission to charge Client’s credit card or debit card automatically according to the terms set forth in the Fees section. Client understands that in the event that the payment method on file is declined for a monthly payment, Client will provide a new eligible payment method promptly. If a new payment method is not provided within twenty-four (24) hours of declined payment, Client understands that Client will be removed from the Program. Client understands that failure to pay an invoice within seven (7) days of receipt will result in Client being charged a late fee of one hundred and fifty dollars ($150). Client acknowledges that failure to pay may result in temporary or permanent suspension from the Program. Client agrees that if Company incurs fees in an effort to collect its invoices, including legal fees, Client will be responsible for reimbursing Company for all such expenses in addition to interest on the unpaid balance and late fee.

Client agrees that by entering into this agreement, Client is required to pay the full Fee listed under the payment plan in Exhibit A. Client agrees that Client’s membership will automatically continue through the Term and grants authorization to Company to collect any and all outstanding balances using any eligible payment methods on file for Client’s account. Client understands that payment will be collected as outlined in the Fees section without notice to Client, unless required by law.

8. Refund Policy

Master the Media FREE Bootcamp:

Due to the nature of services provided, Client understands and agrees that no refunds of any fees or other payments made by Client in connection with the Program will be allowed under any circumstance. 

Master the Media Coaching Program:

The Company provides a 180-day money-back guarantee for the Master the Media Coaching Program. This money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must a) complete the Program, from commencement to conclusion; b) submit a written request to amy@masterthemedia.co within 180 days of purchase; c) attend all 24 coaching calls and/or have submitted at least 3 questions to each coaching call and watched the entirety of each coaching call recording; d) submit at least 12 questions in the private Facebook Group; e) complete all 12 Master It! Sheets and submit them for feedback in the private Facebook Group, each during a different week of the Program; f) submit the TV segment pitch to a producer, no later than 77 day of the Program; submit freelance writing pitch to an assigning editor, no later than 91 day of the Program; submit brand pitch to a potential brand partner, no later than 119 day of the Program; g) not be quoted in any major media outlet (monthly page views> 200,000) during the Program; j) not have any broadcast, freelance writing, or brand partner pitch accepted during the Program.

In order to receive a refund, you must submit proof that you did the work in the Program and it did not work for you. If you decide that your purchase was not the right decision for you, within 180 days of purchase. You must include your coursework with your refund request. If you request a refund and do not include your coursework by 11:59pm PST 180 days from purchase, you will not be granted a refund.

The completed work that you need to submit with your request for a refund includes all of the following items. The work must be completed in its entirety in order to qualify for a refund.

The Company will not provide refunds more than 180 days following the date of purchase. After day 180, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

If you opted for a payment plan and do not request a refund within 180 days, along with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that transaction shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by the Company. To further clarify, the Company will not provide refunds after the 180th day from the date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Master the Media MASTERMIND:

Due to the nature of services provided, Client understands and agrees that no refunds of any fees or other payments made by Client in connection with the Program will be allowed under any circumstance. 

9. Termination

In the event that Client breaches this Agreement, Company may terminate this Agreement. In the event that Company terminates the Agreement due to a breach from Client, all unpaid balances remain due for any future payments under the payment plan. Client has the right to terminate this Agreement by providing thirty (30) days written notice to Company. Client understands and agrees that no refund will be given and all balances for future payments under payment plan will remain due. Written notice may be provided by e-mail.

10. Service Location

Both parties agree and understand that coaching services provided under this Agreement shall be performed virtually.

11. Contributions

During Client’s participation in Program, Client may share information in the form of comments, posts, and materials on Program pages or in private Facebook group (“Contributions”). Client grants Company a non-exclusive, royalty-free right to copy, display, use, and/or broadcast Contributions in internal and external marketing outreach and sales materials. Client understands that Contributions may be made public and agrees to not have an expectation of privacy or confidentiality when submitting and sharing Contributions. Client understands that any original work or materials shared with Program participants by other participants belongs to the creator. Client is in no way authorized to transfer or use intellectual property received as a result of the Program. Client understands this section does not protect Program participants for expression of similar ideas and does not apply to ideas that are not yet protected by trademark or copyright. Client agrees to exercise caution when sharing confidential concepts or plans that pertain to Client’s business and/or brand.

12. Promotional Offers and Bonuses

Company may offer bonuses during enrollment periods and throughout the Program. Bonuses may vary, depending on promotions throughout the year, and are not guaranteed to be available for the lifespan of the Program. Client is entitled to any bonuses that Client qualifies for during promotional offerings. Company reserves the right to alter or change promotions and bonuses at any time at its sole discretion.

13. Personal Information

To participate in Program, Client will be asked to register with the hosting platform used by the Program. Client understands Client will select a username and password. Client may be asked to provider further personal information when registering on the hosting platform. Client understands and agrees that Client is fully responsible for the accuracy of identifying information provided. Client understands and agrees that Client is responsible for maintaining the safety and security of Client’s identifying information and for updating Company on any changes to such information. Client agrees to allow Company access to this personal information for all lawful purposes. Client understands that providing inaccurate or false information or attempting to use the Program for unlawful activity will result in immediate termination of the Program.

14. Copyright

All Program materials, documents, Facebook posts, comments, and/or replies, e-mails, blogs, digital and paper documents, and any other work created by Company in relation to this Agreement are the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s Program and accompanying content is owned by the Master the Media Program, dba Amy Gorin Nutrition LLC and is not to be used for purposes beyond Client implementation. Client is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. Client shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. Violators of this federal law will be subject to its civil and criminal penalties.

15. Confidentiality

Client understands and agrees not to disclose any details regarding the business of Company to any third party including, without limitation, Program materials, customers, names of participants, prices for products and services, coaching strategies, or any of Company’s trade secrets (“Confidential Information”). Client agrees to not copy, repurpose, or share any Confidential Information or Company materials for distribution or personal use unless requested by Company.

16. Indemnification

Company agrees to defend, indemnify, and hold Client, its affiliated companies and its respective employees, officers, directors, trustees, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of (i) the negligence or intentional misconduct of Company (ii) Company’s breach of any provision of this Agreement (including any representation or warranty). Client shall indemnify, defend, and hold Company harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Company in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Company’s appearance or association with Client, unless such claim arises from Company’s acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Company hereunder.

17. Force Majeure

 In no event shall Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and/or hardware) services. Client understands that  Company shall use reasonable efforts that are consistent with accepted practices to resume performance as soon as is practicable under the circumstances.

18. Non-Disparagement

Client shall not, at any time during the Term and/or thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage the Company or any of its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses, or reputations. Notwithstanding the foregoing, nothing in this Agreement shall preclude Client from making truthful statements that are required by applicable law, regulation, or legal process.

19. Disclaimer

All services outlined in this Agreement, including Program, are for informational purposes only. Client understands and agrees that Company has made every effort to ensure that all services have been tested for accuracy. All statements related to earning potential and income are examples of what may be possible in the future, however Company makes no guarantees of Client results now or in the future. Company is not responsible for Client's income, sales, earnings, or any other business performance(s) as a result of this Agreement. Client agrees that participation in the Program and use of Program materials is at Client’s own sole and exclusive risk. Company makes no warranties that the Program will meet Client needs or that Program will be error free, without interruptions, or secure.

Any information provided in Program materials or Facebook group is not intended to be used for legal advice, financial advice, professional advice, or medical advice. Client and Company have no fiduciary relationship. Client understands and agrees that creation of an online account is at Client’s own risk, and Company does not accept or assume responsibility for the security of Client’s content and/or account. In the event that Company becomes aware that a security breach has occurred, Company will notify Client in accordance with all laws and regulations.

20. Guarantees

Participation in Program does not guarantee results. Company does not make any guarantees as to the results of any services provided or for Client completing the Program, including financial and/or other personal gains. Client understands and agrees to take responsibility for Client’s own results.

21. Release & Reasonable Expectations

Client agrees that Client has reviewed the Company’s business and understands that the Program will produce different results and outcomes for each individual Client. Client understands and agrees that Program is a group program with content intended for a mass audience and that no one on one services are expected under this Agreement. Company agrees to use its best efforts to create favorable experiences for each Client, depending on personal and business needs. Client agrees and understands that the Program includes proprietary materials. Furthermore, Client agrees that coaching style and/or dissatisfaction with Company’s judgement of coaching style is not a valid reason for termination of Agreement and/or a refund.

22. Entire Agreement

This Agreement supersedes any other written or oral agreements between the parties and is a binding Agreement. Any modifications to this agreement must be made in writing, agreed to and signed by both parties, and attached to the original Agreement.

Disagreements or disputes between parties rising out of the Agreement that cannot be resolved amicably shall be decided first by mediation. If mediation is unable to resolve conflict, then arbitration shall take place. The laws of the State of New Jersey shall govern this contract, and any resulting arbitration shall take place within Hudson County, New Jersey. Both parties assume responsibility for all legal fees and collection costs incurred should enforcement of this Agreement become necessary.

This agreement cannot be transferred or assigned to any third party by Client without approval and written consent by Company, which may be withheld in Company’s sole discretion.

23. Severability and Waiver

If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, then the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of this Agreement, and all other provisions shall remain in full force and effect. Waiver by any party of any breach of this Agreement or failure to exercise any right hereunder shall not be deemed to be a waiver of any other breach or right. The failure of any party to take action by reason of such breach and/or to exercise any such right shall not deprive the party of the right to take action at any time while or after such breach or condition giving rise to such rights continues.

24. Counterparts; Facsimile Signatures

This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. The parties may sign this Agreement in their respective cities and exchange signature pages by facsimile or e-mail. Such facsimile or e-mail signatures shall be deemed originals and shall have the same effect as original signatures.

Exhibit A

The Program: Master the Media FREE 7-Day Bootcamp:

Program Term: 7 days

Program Fees:

$0

Payment Processing

N/A

Course details:

Client will gain access to course platform after enrollment.

Client will have access to the Program materials for the duration of the 7-day program. Educational materials will be provided throughout the Program Term. Access to materials will be removed at the end of the Program Term.  

Exhibit B

The Program: Master the Media Coaching Program

Program Term: 6 months (180 days) for coaching and private Facebook group; lifetime for course access

Program Fees:

One-time fee: $5,647.00

Monthly payment: six monthly payments of $997

Payment Processing

Payment will be accepted by credit or debit via Stripe payment processing. Payment will be processed via Stripe through the Thinkific course platform. Client understands that Thinkific and Stripe are third- party platforms and that Company is in no way liable or responsible for information provided to these third-party platforms or for the security of this information.

Course details:

Client will gain access to course platform and private Facebook group after full payment has been received or after the first payment of the payment plan has been received.

Client will have lifetime access to the Program materials. Client will have access to the private Facebook group and group coaching calls for the duration of the 6-month program. Educational materials will be provided throughout the Program Term. Access to materials and private Facebook group will be removed at the end of the Program Term. Client understands that it is Client’s responsibility to download and save any and all materials that Client is able to download before the end of the Program Term.

All communication with Program instructors will take place via posts and comments in the private Facebook group during the Program Term. Company will not communicate via e-mail, direct messages, or phone calls during the Program Term.

Client will have access to 45 minutes of live group coaching via Zoom weekly. Client understands that questions much be submitted 24 hours before each group coaching call in order for questions to be answered. Client understands that group coaching calls will not roll over and it is Client’s responsibility to make time in Client’s personal calendar to attend live calls. Client understands and agrees that Zoom is a third-party platform and that Company is in no way liable or responsible for information provided to third-party platforms or for the security of this information.

Client understands and agrees that the Program will provide educational content and worksheets. Client is solely responsible for completing such activities and for submitting work for review and feedback in a timely manner.  

 

Exhibit C

The Program: Master the Media MASTERMIND

Program Term: 1 month (30 days)

Program Fees:

Monthly subscription: $997.00

Yearly subscription: Yearly payment of $9,997.00.

Payment Processing

Payment will be accepted by credit or debit via Stripe payment processing. Payment will be processed via Stripe through the Thinkific course platform. Client understands that Thinkific and Stripe are third- party platforms and that Company is in no way liable or responsible for information provided to these third-party platforms or for the security of this information.

Course details:

Client will gain access to course platform and private Facebook group after full payment has been received or after the first payment of the payment plan has been received.

Client will have access to the Program materials and private Facebook group for the duration of the 1-month program (if monthly subscription) or 12-month program (if yearly subscription). Educational materials will be provided throughout the Program Term. Access to materials and private Facebook group will be removed at the end of the Program Term. Client understands that it is Client’s responsibility to download and save any and all materials that Client is able to download before the end of the Program Term.

All communication with Program instructors will take place via posts and comments in the private Facebook group during the Program Term. Company will not communicate via e-mail, direct messages, or phone calls during the Program Term.

Client will have access to one hour of live group coaching via Zoom weekly. Client understands that questions much be submitted 24 hours before each group coaching call in order for questions to be answered. Client understands that group coaching calls will not roll over and it is Client’s responsibility to make time in Client’s personal calendar to attend live calls. Client understands and agrees that Zoom is a third-party platform and that Company is in no way liable or responsible for information provided to third-party platforms or for the security of this information.

 

Exhibit D

The Program: Master the Media Extra Hand-Holding

Program Term: 3 months (90 days)

Program Fees:

One-time payment: $997.00

Three monthly payments: $397

Payment Processing

Payment will be accepted by credit or debit via Stripe payment processing. Payment will be processed via Stripe through the Thinkific course platform. Client understands that Thinkific and Stripe are third- party platforms and that Company is in no way liable or responsible for information provided to these third-party platforms or for the security of this information.

Course details:

As part of the Program, Company shall provide the following to Client:

Client will have access to three (3) reviews of any platform or document of Client’s choosing of up to two (2) pages, no smaller than 12 size font. This may include but is not limited to the following: website, Instagram profile, Facebook profile, media kit, HARO reply, brand pitch, editor pitch, and/or producer pitch. Each review may include up to one (1) revision.

To enroll in this Program, Client must also be a current enrollee of Master the Media Coaching Program or Master the Media MASTERMIND.

All communication with Program instructors will take place via posts and comments in the private Facebook group during the Program Term. Company will not communicate via e-mail, direct messages, or phone calls during the Program Term.

Client understands and agrees that the Program will provide educational content, worksheets, and work reviews. Client is solely responsible for completing such activities and for submitting work for review and feedback in a timely manner.