Master the Media Program
 Terms and Conditions of Service (Terms)

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 Amy Gorin Nutrition LLC dba Master the Media (the “Company”, “Master the Media”, or “we”) and the purchaser (hereafter “Client” or “You”), for the purpose of Your purchasing and participating in the Company’s educational group Master the Media Training & Certification (the “Program”).

1. Overview of the Master the Media Program

Master the Media Training & Certification for New Enrollees

As part of the Program, Company shall provide the following to You as an individual Client:


Master the Media Training & Certification for Returning Students:

As part of the Program, Company shall provide the following to You as an individual Client:

2. Program Terms

Master the Media Training & Certification:

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

The Program and any Program content is solely for Your personal and non-commercial use. With Your purchase, we grant You one (1) limited, non-exclusive, non-transferable, revokable license to access the Program content and view and participate in Program activities during the Program term. Except for the foregoing limited license, no right, title and interest in the Program materials shall be transferred to You. You agree not to use the Program materials and recordings for public training or performances.

You are granted only one license to access the Program and use Program materials, and You agree and understand that the Program materials may not be shared with any third-party. If we suspect that any Program materials have been shared and/or have  log-in information has been shared with another party, we reserve the right to terminate Your access to the Program immediately. Upon such revocation, You must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

Your use of the Program materials is at Your sole risk. The Program materials are provided on an “as is” basis. Except as otherwise expressly provided herein, the Company disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company makes no warranty that Program will meet all of Your requirements or the Program will be entirely uninterrupted and error-free.

 

 3. Group Coaching Calls

Master the Media Training & Certification:

The Program includes live Group Coaching Calls conducted via Zoom or another similar online video software. You understand that each call will last for approximately sixty (60) minutes and will not go over time. You also understand that all Group Coaching Calls will be scheduled in advance and it is Your responsibility to make time in Your 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. You will have lifetime access to call recordings performed during Your course Term. You understand that questions to be asked on calls must be submitted at least twenty-four (24) hours in advance of live calls. We will answer a minimum of one (1) and a maximum of two (2) pre-submitted questions per student during each call, with any additional questions being addressed in the Facebook Group. It is Your responsibility to move any additional questions to the Facebook Group.

Any questions submitted less than twenty-four (24) hours before a call may be addressed in the next scheduled call or in the Facebook Group, at the discretion of the Company. It is Your responsibility to move any additional questions to the Facebook Group. You understand that Group Coaching Calls will only occur during the active and paid-up Program Term and will not roll over or extend past the Term of the Program.

4. Facebook Group

Master the Media Training & Certification:

On the Program start date, You will be given access to the private Facebook Group for the duration of the Term. Your access to the private Facebook Group will terminate at the end of the Program Term. The Program encourages You to participate in the private Facebook Group to provide a way to engage, share progress, and discuss information about the Program.
 
 Under no circumstances will Company be liable in any way for content or materials of any third-parties (including other Clients or users) including for any errors or omissions in any content, or for loss or damage of any kind resulting of the use of such content.  You acknowledge that we do not pre-screen content or edit submissions from other users and You must evaluate and bear all risks associated with the use of any content.  Without limiting the foregoing, the Company or its designees will have the right to remove any content that violates these Terms or is deemed by the Company, at its sole discretion to be otherwise objectionable.


 You should use professional courtesy when submitting comments or materials within the group. Additionally, You accept that submissions or behavior deemed inappropriate by Company will be removed at Company’s sole discretion. You agree to not use the Facebook group for self-promotion of Your business, related services or for any commercial use of any kind. You understand that Facebook is a third-party software. Currently, the group is set to “private” 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, it is Your responsibility for removing and/or deleting any and all sensitive information from the Program Facebook Group.

5. Communication

Master the Media Training & Certification:

You understand and agree that the Program provides ongoing communication and support during the active paid-up Program Term only. Communication will take place through the private Facebook Group for paid Program participants only during the active term. You understand that the Company will not respond to communication coming from or through other channels 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. In cases of urgent technical and/or billing issues that cannot be addressed in a timely manner within the Facebook Group, You may contact the Company directly via the following designated emergency contact email: ([email protected]).

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. You understand that Company will respond to communication via the private Facebook Group within twenty-four (24) to forty-eight (48) hours during normal business hours and will seek to provide feedback on workbooks within five (5) business days.

6. Master the Media Certification:

Master the Media Training & Certification:

You are eligible to receive the Master the Media Certification, which means that after successful completion of all requirements and with the Company’s authorization You will be permitted to include the certification digital seal on e-mail, website, and other digital communications and may advertise that You are Master the Media certified.

To become Master the Media Certified, You must: a) Complete the introduction and all 12 modules of the Program in their entirety, including watching all videos in each module and submitting (and revising, if Company requests it) a workbook for each module. Workbooks must be submitted during the Program Term. Should You fail to submit Your workbook assignments within the Program Term, You may extend the submission period indefinitely by paying an additional fee of $750; arrangements for this extension must be made directly with the Company.

Additionally, You must be featured in at least one (1) piece of media during the Program Term that has a viewership of 200,000 or more. You must submit for certification via the Google form provided, and the Company will review and respond back on its determination within thirty (30) business days.

7. Master the Media “Expert of the Week” e-mails:

Master the Media Training & Certification:

Current Clients in good standing who meet the requirements for the Master the Media Certification and comply with the instructions outlined in the “Bonus 1” section of the Program will be showcased in one (1) of Program’s weekly “Expert of the Week” e-mails sent out to publicists, writers, editors, and producers for their consideration. The showcase opportunity is contingent upon the student providing all requested information and a photo within the specified deadline; failure to comply will result in forfeiture of this opportunity. Additionally, the extension option by paying $750 does not grant eligibility for this showcase unless the student is currently actively enrolled and in good standing within the Program.

8. Fees

You agree to compensate Company the dollar amount (“Fee) listed in Exhibit A (for Master the Media Training & Certification) in consideration for access to the Program for the Term. You also understand that payment may be made in full or You may elect to use the monthly payment plan, provided that Company has approved Your use of the monthly payment plan. If You select the monthly payment plan, You understand that subsequent installments will be paid on the same day of each succeeding month until the entire Fee has been paid in full. You agree that all payments will be paid on time and any continual default in issuing payments according to the payment plan will result in removal from the Program immediately. You understand that You will receive access to the Program only after the Program Fee has been paid in full or the first installment payment has been paid. You understand 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.

9. Program Payment Plan

You agree that if You elect for the payment plan, You grant the Company permission to charge Your credit card or debit card automatically according to the terms set forth in the Fees section. You understand that in the event that the payment method on file is declined for a monthly payment, You will provide a new eligible payment method promptly. If a new payment method is not provided within seven (7) calendar days of a declined payment written notification provided by Company to You, You understand that You may be removed from the Program at the discretion of the Company and must return or destroy all Program materials. 

You understand that failure to pay an invoice within seven (7) days of a delinquency notice from the Company will result in You being charged a late fee of one hundred and fifty dollars ($150). You acknowledge that failure to pay may result in temporary or permanent suspension from the Program. You agree that if Company incurs fees in an effort to collect its invoices, including legal fees, You will be responsible for reimbursing Company for all such expenses in addition to interest on the unpaid balance and any applicable late fees.

You agree that by entering into this agreement, You are required to pay the full Fee listed under the payment plan in Exhibit A. You agree 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.

10. Termination

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

Notwithstanding the foregoing, the Company may decide to offer a seven (7) day free trial period exclusively for new students considering enrolling in the Program for the first time. During this seven (7) day trial period, new students have the opportunity to evaluate the Program's content and offerings. If, for any reason, a new student decides the Program is not a suitable fit, they may request a full refund of any fees paid towards the Program within this seven (7) day period, no questions asked. To qualify for this refund, the request must be made in writing to the Company via email ([email protected]) and received within seven (7) calendar days from the date of initial enrollment, as evidenced by the date of payment. Upon timely receipt of a refund request, the Company will process the refund within thirty (30) business days, and the student's access to the Program, including all related materials and platforms, will be revoked. If a student submits a workbook for instructor review during the seven (7) day trial period, the student understands that he or she has forfeited his or her right to a refund. This seven (7) day free trial offer is limited to new students only and is not available for returning students or those who have previously enrolled in the Program.

11. Service Location

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

12. Contributions

During Your participation in Program, You may share information in the form of comments, posts, coaching calls and materials on Program pages or in private Facebook Group (“Contributions”). You grant Company a non-exclusive, royalty-free right to copy, display, use, and/or broadcast Contributions in internal and external marketing outreach and sales materials. You understand that Contributions may be made public and agree to not have an expectation of privacy or confidentiality when submitting and sharing Contributions. You understand that any original work or materials shared with Program participants by other participants belongs to the creator. You are in no way authorized to transfer or use intellectual property received as a result of the Program. You agree to exercise caution when sharing confidential concepts or plans that pertain to Your business and/or brand relationships.

Additionally, You agree that any media (including social media, print media, and broadcast media) that Client is featured in, as well as any brand partnerships, speaking engagements, and/or events that You take part in, (“Successes”), on or after the start date of the Program, may be shared by Company on its website, social media platforms, webinars, and other public forums. Client agrees that Client’s Name and Likeness (name, biography, and image) may be shared along with Client’s Successes.

Company may need to share Client’s e-mail address (“Contact Information”) with media and/or brands for opportunities that arise. Client agrees that Company has the right to do so.

 

13. Non-Compete

Master the Media Training & Certification: Any Client who enrolls in the Master the Media Training & Certification agrees not to offer media, social media, or brand partnership training or coaching services within twenty-four (24) months after the start date of the Program. You also agree not to seek out any of the Company’s contractors or employees for Your own employment during the Program and within twenty-four (24) months after the start date of the Program.

14. 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. You are entitled to any bonuses that You qualify for during promotional offerings. Company reserves the right to alter or change promotions and bonuses at any time at its sole discretion.

15. Personal Information

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

16. Intellectual Property Rights 

You acknowledge and agree that the Program may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly agreed by Company, You agree not to scrape, sell, distribute or create derivative commercial training works based on the Program content. 

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). You agree thatthe Company’s Program and accompanying content is owned by the Amy Gorin Nutrition LLC dba Master the Media Program and should not to be used for purposes beyond Your personal implementation.
 
17. Confidentiality

You understand and agree 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”). You agree to not copy, repurpose, or share any Confidential Information or Company materials for distribution or personal use unless authorized by Company in writing.

18. Indemnification

To the fullest extent permitted by law, You agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agents harmless from any form of any losses, damages, expenses including reasonable attorneys’ fees, rights, claims, actions of any kind and injury related to Your use of the Program materials.

You expressly agree and understand that the Company will not be liable for any indirect, incidental, special and consequential, exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages) whether based on contract, tort, negligence, strict liability or otherwise, resulting from any goods, date or information purchased or obtained through or from the Program materials. Your sole and exclusive remedy is to discontinue use of the Program materials. In no event will Company’s total liability to You for all damages, losses, causes of actions exceed the amount You have paid Company in the last six (6) months.

19. 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. You understand that Company shall use reasonable efforts that are consistent with accepted practices to resume performance as soon as is practicable under the circumstances.

20. Non-Disparagement

You agree not, at any time during the Term and in perpetuity, to 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. Disparagement includes but is not limited to false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. You further agree to do nothing that would damage the Company’s business reputation or goodwill. Notwithstanding the foregoing, nothing in this Agreement shall preclude You from making truthful statements that are required by applicable law, regulation, or legal process.

22. Disclaimers

All services outlined in this Agreement, including Program, are for informational purposes only. You understand and agree that the 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 Your results now or in the future. Company is not responsible for Client's income, sales, earnings, or any other business performance as a result of this Agreement. You agree that participation in the Program and use of Program materials is at Your own sole and exclusive risk. Company makes no warranties that the Program will meet Your needs or that Program will be error free, without interruptions, or absolutely secure.

Any information provided in Program materials, Group calls or the Facebook Group are not intended to be used for legal advice, financial advice, professional advice, or medical advice.
 

Any contract or negotiation advice provided by a licensed attorney instructors during the Program, even if the Client shares real-life scenarios in their questions, is for instructional purposes only and does not establish an attorney-client relationship.
 
 Client and Company have no fiduciary relationship. You understand and agree that creation of an online account is at Your own risk, and the 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 You in accordance with all laws and regulations or the provisions of these Terms.

23. Guarantees 

Participation in the Program is not accompanied by any guarantee of specific outcomes. The Company expressly disclaims any representation or warranty as to the potential results or benefits that may be obtained through participation in the Program, including but not limited to financial or other personal advancements. Clients acknowledge and accept full responsibility for their achievements and understand that individual results will vary.

24. Release & Reasonable Expectations 

You agree that You have reviewed the Company’s introductory materials and understand that the Program will produce different results and outcomes for each individual. You understand and agree that the Program is a group program with content intended for a mass audience and that no one on one services are expected under this Agreement. 

You agree and understand that the Program includes proprietary materials. Furthermore, You agree that coaching styles and/or dissatisfaction with Company’s judgement of coaching styles is not a valid reason for termination of Agreement and/or a refund.

25. Entire Agreement

This Agreement supersedes any other written or oral agreements between the parties and is a binding Agreement. The Company reserves the right, at its sole discretion, to change or modify portions of these Terms at any time. Any such changes will be communicated to the Client in writing and will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions or changes made for legal reasons will become effective immediately. Your continued use of the Program materials and accessing any such Program materials constitutes Your acceptance of the updated terms.  

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

26. 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.

27. Dispute Resolution

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 Connecticut shall govern this contract, and any resulting arbitration shall take place within Fairfield County, Connecticut. Both parties assume responsibility for all legal fees and collection costs incurred should enforcement of this Agreement become necessary.

28. 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 Training & Certification

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

Program Fees:

One-time fee: $7,997.00 (or)

First Monthly payment: six monthly payments of $1,397 (or)

Second Monthly payment: nine monthly payments of $932

Payment Processing

Payment will be accepted by credit or debit via Stripe payment processing. Payment will be processed via Stripe through the Thrivecart platform. You understand that Thrivecart 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:

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

You will have lifetime access to the specified Program materials provided You remain in compliance with these Terms. You will have access to the private Facebook Group, Group Coaching Calls, and workbook submissions for the duration of the 6-month program. Educational materials will be provided throughout the Program Term. Access to private Facebook Group and workbook submissions will be removed at the end of the Program Term. You understand that it is Your responsibility to download and save any and all materials 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.

You may submit any questions in the Facebook Group that fit into the text of a Facebook post of up to five hundred (500) words; Company will not be able to review external links or attachments.

You will have access to 60 minutes of live Group Coaching via Zoom weekly, as well as 60 minutes of live Group Coaching via a beginner coaching call monthly. You understand that questions much be submitted twenty-four (24) hours before each Group Coaching Call in order for questions to be answered. You understand that Group Coaching Calls will not roll over and it is Your responsibility to make time in Your personal calendar to attend live calls. You understand and agree 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.

You understand and agree that the Program will provide educational content and workbooks. You are solely responsible for completing such activities and for submitting work for review and feedback in a timely manner.