Welcome to Million Dollar Plumber, LLC. We are pleased to offer the Success Academy to plumbing business owners who want to learn how to build, manage, and scale a highly profitable plumbing business.
This Success Academy Participation Agreement, including all addenda, exhibits, policies, purchase terms, and incorporated documents (collectively, the “Agreement”), is entered into between Million Dollar Plumber, LLC (“MDP,” “we,” “us,” or “our”) and the individual or business enrolling in the Success Academy (“Participant,” “you,” or “your”).
By signing this Agreement, checking an acceptance box, submitting payment, accessing the Program, or otherwise completing enrollment, Participant acknowledges that Participant has read, understood, and agrees to be legally bound by this Agreement.
The following summary is provided for convenience only. If there is any conflict between this summary and the remaining provisions of this Agreement, the remaining provisions shall control.
Participant agrees to pay the entire Program Fee selected at enrollment, whether paid in full or through a payment plan.
A payment plan is not a month-to-month subscription and may not be canceled merely because Participant stops participating in or using the Program.
Participant’s initial access period is twelve (12) months from enrollment unless a different period is expressly stated in writing at the time of purchase.
After the initial access period, Participant may renew access to the Success Academy training platform, private community, and live group coaching for a monthly renewal fee of $297.
The annual renewal fee does not replace, reduce, or cancel any unpaid portion of the original Program Fee.
Except as expressly provided under the 10X Performance Guarantee or required by applicable law, all payments are non-refundable.
To qualify for the 10X Performance Guarantee, Participant must satisfy all eligibility, participation, implementation, documentation, and claim-submission requirements stated in this Agreement.
Participant may not share, reproduce, distribute, sell, teach, upload to artificial intelligence platforms, or create competing products from MDP materials.
MDP may suspend or terminate access for nonpayment, misconduct, misuse of intellectual property, solicitation, or other material violations of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, MDP and Participant agree as follows:
Participant hereby engages MDP to provide business education, training, coaching, and access to resources designed to help Participant learn how to build, manage, and scale a plumbing business. These services are collectively referred to as the “Success Academy,” the “Program,” or the “Services.”
Depending on the Program level purchased, Participant may receive access to some or all of the following:
An online training platform containing educational videos, templates, worksheets, guides, presentations, scripts, processes, and other written or digital materials;
Virtual live group coaching classes;
One-on-one advisory or coaching calls;
Virtual group mastermind meetings;
A private online community;
Special events, workshops, or training sessions;
An annual in-person retreat or other live event, when expressly included in Participant’s selected Program level or purchased separately; and
Other benefits identified on the applicable order form, checkout page, enrollment agreement, or written offer.
The specific benefits included in Participant’s purchase shall be determined by the Program level and offer selected at enrollment. MDP may update, replace, modify, reorganize, or improve Program content, instructors, coaching schedules, platforms, features, and delivery methods at any time, provided that the overall substance of the Services is not materially diminished during Participant’s active access period.
Participant acknowledges and agrees that MDP may use third-party platforms to provide the Services. Such platforms may include, without limitation, Kajabi, HubSpot, Zoom, Skool, payment processors, communication platforms, and other software providers (“Platforms”).
Participant may be required to create and maintain accounts with one or more Platforms to receive the full benefit of the Services. Participant is responsible for maintaining accurate account information, protecting login credentials, and complying with the applicable terms of use and privacy policies of each Platform.
Participant acknowledges that internet-based technology and third-party Platforms may experience interruptions, outages, security incidents, errors, or malfunctions. To the fullest extent permitted by law, MDP shall not be liable for damages arising from the acts, omissions, outages, failures, policies, or security practices of third-party Platforms that are outside MDP’s reasonable control.
As consideration for access to and participation in the Success Academy, Participant agrees to pay the total Program Fee disclosed at enrollment.
Participant may pay the Program Fee in full or, when offered by MDP, elect a payment plan. Participant authorizes MDP and its payment processor to charge the payment method provided for the amounts and on the dates stated in the selected payment schedule.
Participant agrees to maintain an accurate and valid payment method on file until the entire Program Fee and all other amounts owed under this Agreement have been paid in full.
If Participant selects a payment plan, Participant acknowledges and agrees that:
The payment plan is a method of paying a fixed Program Fee in installments;
The payment plan is not a month-to-month subscription;
Participant is committing to pay the entire Program Fee;
The payment plan may not be paused, canceled, or terminated merely because Participant stops participating in, accessing, or using the Program;
Participant’s payment obligations are not conditioned upon Participant’s attendance, participation, implementation, satisfaction, business results, or completion of the Program; and
Participant remains responsible for all scheduled payments until the Program Fee has been paid in full.
Participant is granted access to valuable proprietary materials and Services upon enrollment. Accordingly, Participant’s decision not to use or complete the Program does not relieve Participant of the obligation to pay the remaining balance.
Participant authorizes MDP and its payment processor to securely store Participant’s payment information and automatically charge each scheduled installment on its applicable due date.
Participant is responsible for ensuring sufficient funds or available credit are available. Participant agrees to promptly update expired, declined, canceled, or otherwise invalid payment information.
This authorization shall remain in effect until all amounts owed under the selected payment plan have been paid in full.
Participant shall be considered in default if any scheduled payment is declined, returned, disputed, reversed, or remains unpaid after its due date.
Upon default, MDP may, in its sole discretion and to the extent permitted by law:
Retry the payment method on file;
Request an alternative payment method;
Suspend or revoke Participant’s access to the training platform, private community, coaching, events, resources, and other Program benefits;
Terminate Participant’s participation in the Program;
Accelerate the payment schedule and declare the entire unpaid balance immediately due and payable;
Refer the unpaid balance to a collection agency or attorney;
Report the delinquent obligation when legally permitted; and
Pursue any other lawful remedy.
Participant shall be responsible for reasonable collection expenses, court costs, payment-processing fees, returned-payment fees, and attorneys’ fees incurred by MDP in collecting amounts validly owed, to the extent permitted by law.
Suspension or termination of Program access does not cancel or reduce Participant’s obligation to pay the remaining balance.
Program Fees may be prorated or adjusted if Participant changes Program levels with MDP’s prior written approval. Any credit, adjustment, or modified payment schedule must be confirmed in writing by MDP.
Except as expressly provided under the 10X Performance Guarantee contained in this Agreement, expressly stated in a written offer signed by MDP, or required by applicable law, all deposits, installment payments, renewal payments, and payments made in full are non-refundable.
Participant’s failure to attend, participate in, access, implement, or complete the Program does not create a right to a refund.
Unless a different period is expressly stated in writing at enrollment, Participant’s initial Program access period begins on the date of enrollment and continues for twelve (12) months.
During the initial access period, and subject to Participant remaining in good standing, Participant shall receive access to the benefits included in Participant’s purchased Program level.
Payment of the original Program Fee does not provide lifetime or indefinite access.
After the initial access period ends, Participant may continue access to the following Success Academy benefits by paying an annual renewal fee of two hundred ninety-seven dollars ($297):
The Success Academy online training platform;
The private Success Academy community; and
Live group coaching classes generally offered to renewing Success Academy members.
The renewal term shall be twelve (12) months beginning on the applicable renewal date.
The $297 renewal fee applies only to continued access after the initial access period. It is separate from the original Program Fee and does not replace, offset, forgive, or reduce any unpaid installment or other amount owed under Participant’s original purchase.
MDP may change the annual renewal fee for future renewal periods by providing advance notice before Participant’s next renewal date. Any updated renewal price shall apply only prospectively.
When Participant affirmatively selects automatic annual renewal at enrollment or at a later time, Participant authorizes MDP to charge the payment method on file for the then-applicable annual renewal fee on or near the renewal date each year.
Participant may prevent a future automatic renewal by notifying MDP in writing before the applicable renewal charge is processed. Canceling a future annual renewal does not cancel Participant’s original payment plan or relieve Participant of any unpaid Program Fee.
If Participant has not authorized automatic annual renewal, continued access after the initial access period shall require Participant to affirmatively pay the annual renewal fee.
If Participant does not pay the annual renewal fee when due, Participant’s access to the Success Academy training platform, private community, and live group coaching may expire at the end of the then-current access period.
Expiration or non-renewal of continued access does not constitute termination of Participant’s original payment obligation and does not create a right to a refund.
MDP may, but is not obligated to, permit Participant to reactivate access after expiration upon payment of the then-current renewal or reactivation fee.
The Program is intended for individuals seeking to start, operate, improve, or grow their own plumbing businesses.
Participant represents and warrants that Participant is enrolling solely for the development of Participant’s own plumbing business and not for the purpose of copying, reselling, licensing, teaching, distributing, benchmarking, reverse engineering, or creating a competing product or service.
Unless otherwise expressly authorized in writing by MDP:
Each enrollment permits access by one individual only;
Participant may not share usernames, passwords, registration information, video links, community access, coaching links, or Program materials with any other person;
Participant shall notify MDP promptly if another person obtains unauthorized access through Participant’s account; and
Participant is responsible for all activity conducted through Participant’s account.
MDP may suspend access if it reasonably believes Participant’s account has been shared, compromised, or used in violation of this Agreement.
Participant acknowledges that business results depend upon many factors outside MDP’s control, including Participant’s effort, decisions, market, pricing, staffing, leadership, financial condition, reputation, implementation, and consistency.
Participant agrees to devote the time and attention reasonably necessary to participate in the Program and implement the strategies Participant chooses to adopt.
The Services are educational and informational in nature. MDP provides training, coaching, general guidance, feedback, and resources. MDP is not acting as Participant’s employee, manager, business partner, fiduciary, attorney, accountant, tax advisor, financial advisor, licensed therapist, healthcare provider, or operational decision-maker.
Participant remains solely responsible for:
All business, hiring, firing, pricing, marketing, financial, legal, tax, employment, safety, licensing, and operational decisions;
Evaluating whether any recommendation is appropriate for Participant’s circumstances;
Complying with federal, state, and local laws, licensing requirements, codes, regulations, and industry standards;
Consulting qualified professional advisors where appropriate; and
The implementation and consequences of Participant’s decisions.
Participant agrees to conduct themselves professionally, respectfully, and lawfully in all Program activities, including coaching calls, private messages, community posts, events, and interactions with MDP representatives and other participants.
Participant shall not:
Harass, threaten, intimidate, demean, discriminate against, or abuse another person;
Engage in disruptive, dangerous, fraudulent, dishonest, or unlawful conduct;
Post obscene, defamatory, hateful, sexually explicit, or intentionally inflammatory content;
Share another participant’s confidential, personal, financial, or business information without permission;
Record another participant without authorization;
Solicit, market to, recruit, sell to, or promote products or services to other participants without MDP’s prior written approval;
Promote competing coaching programs, communities, events, or services;
Spam the community or misuse participant contact information;
Impersonate another person or misrepresent Participant’s identity, qualifications, results, or relationship with MDP;
Interfere with the delivery, safety, productivity, or enjoyment of the Program; or
Encourage another participant to violate this Agreement.
MDP may investigate suspected violations and may remove content, restrict communications, suspend access, or permanently remove Participant from the Program without refund if MDP reasonably determines that Participant has violated these standards.
Serious violations may result in immediate removal without prior notice or an opportunity to cure.
Removal from the Program does not relieve Participant of any outstanding payment obligation.
Participant agrees that Participant shall not, directly or indirectly:
Copy, download, screen-record, photograph, reproduce, republish, transmit, display, distribute, sell, license, sublicense, lend, share, disclose, or make available any Program content except for Participant’s limited internal use in operating Participant’s own plumbing business.
Use any portion of the Program, including its concepts, frameworks, materials, videos, templates, scripts, systems, methods, coaching content, community discussions, or resources:
To create, develop, market, or deliver a competing coaching, consulting, training, membership, certification, software, or educational product;
To train or advise businesses other than Participant’s own plumbing business;
For resale, licensing, sublicensing, publication, or distribution;
For any commercial purpose outside the scope expressly permitted by this Agreement; or
In any manner that is commercially detrimental to MDP.
Modify, translate, adapt, edit, reverse engineer, decompile, disassemble, reconstruct, imitate, create derivative works from, or otherwise attempt to replicate any part of the Program, whether or not the resulting work would qualify for copyright protection.
Remove, delete, crop, conceal, modify, alter, or obscure any copyright, trademark, confidentiality, attribution, watermark, branding, proprietary-rights, or other notice appearing in or on MDP materials.
Without MDP’s prior written consent, Participant shall not:
Upload, input, transmit, submit, or provide any Program content to an artificial intelligence, generative artificial intelligence, machine learning, large language model, chatbot, transcription platform, model-training platform, or similar automated system;
Use Program content to train, fine-tune, test, evaluate, benchmark, ground, retrieve for, or improve an artificial intelligence or machine learning model;
Use artificial intelligence to reproduce, summarize for redistribution, imitate, transform, or generate derivative versions of Program materials;
Build a chatbot, assistant, knowledge base, application, prompt library, or software product using Program content; or
Permit a third party to engage in any of the foregoing activities.
This restriction does not prohibit Participant from using ordinary business software for Participant’s own operations when no Program content is uploaded, disclosed, reproduced, or used to train or develop that software.
Participant shall not, without MDP’s prior written consent:
Solicit for employment, employ, engage as an independent contractor, or induce any MDP employee, contractor, coach, vendor, or representative to reduce or terminate their relationship with MDP;
Induce or influence any participant, customer, vendor, coach, affiliate, or other person introduced through the Program to alter, terminate, or breach a relationship with MDP;
Use participant information obtained through the Program to solicit business unrelated to Participant’s plumbing services;
Recruit Program participants into another coaching program, group, network, membership, mastermind, software service, or business opportunity; or
Interfere with MDP’s actual or prospective business relationships.
A general public employment advertisement not specifically directed toward an MDP-affiliated person shall not, standing alone, constitute a violation of this Section.
Participant is prohibited from selling, marketing, promoting, distributing, or offering personal educational, training, coaching, consulting, recruiting, software, financial, or professional services to other MDP participants without MDP’s prior written consent.
This restriction applies to paid and unpaid offers and to communications made through the Program, private messages, email, telephone, social media, in-person events, or information obtained through participation in the Program.
Any violation of this Section may result in immediate removal from the Program without refund and may subject Participant to legal action.
This Section shall survive expiration or termination of this Agreement.
MDP retains all right, title, and interest in and to its intellectual property, confidential information, trade secrets, proprietary systems, trademarks, service marks, copyrights, brands, names, logos, content, and methodologies.
MDP intellectual property includes, without limitation:
Training videos and recordings;
Coaching recordings and transcripts;
Templates, scripts, worksheets, checklists, forms, calculators, and guides;
Presentations, graphics, illustrations, diagrams, and written materials;
Pricing methods, sales systems, recruiting methods, marketing systems, operational processes, and business frameworks;
Software, databases, prompts, automations, workflows, and digital resources;
Community content and curated discussions;
Program names, product names, logos, taglines, and branding; and
All modifications, updates, enhancements, adaptations, and derivative works thereof.
Except for the limited license expressly granted below, no ownership right is transferred to Participant.
While Participant remains authorized to access the Program, MDP grants Participant a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use Program materials solely for Participant’s internal use in operating Participant’s own plumbing business.
This license ends when Participant’s access expires or is terminated, except that Participant may continue using completed internal business documents that Participant lawfully created from templates during the active access period, provided those documents are not distributed, sold, taught, licensed, or used to compete with MDP.
Participant may receive confidential information concerning MDP or other Program participants, including business plans, pricing, finances, employees, customers, marketing strategies, operational challenges, personal information, trade secrets, and other nonpublic information.
Participant agrees to:
Maintain such information in strict confidence;
Use it only for purposes reasonably related to participating in the Program;
Not disclose it to third parties without the information owner’s permission;
Apply reasonable safeguards to prevent unauthorized disclosure; and
Promptly notify MDP of any known or suspected unauthorized access or disclosure.
Confidential information does not include information Participant can establish was lawfully known without restriction, publicly available through no breach, independently developed without use of confidential information, or lawfully received from a third party without a duty of confidentiality.
Participant acknowledges that unauthorized use or disclosure of MDP’s intellectual property or confidential information may cause immediate and irreparable harm for which monetary damages alone may be inadequate.
Accordingly, MDP may seek temporary, preliminary, and permanent injunctive relief, specific performance, damages, disgorgement of profits, attorneys’ fees where recoverable, and any other remedies available at law or equity.
The rights and obligations contained in this Section shall survive expiration or termination of this Agreement.
The parties acknowledge that certain breaches involving unauthorized copying, distribution, disclosure, sale, commercial use, artificial-intelligence use, or creation of competing materials may cause substantial harm that is difficult to calculate at the time of contracting.
To the extent MDP includes a specific liquidated-damages amount in an order form, enrollment document, intellectual-property acknowledgment, or other writing signed or affirmatively accepted by Participant, the parties agree that such amount is intended as a reasonable estimate of anticipated damages and not as a penalty.
If no specific liquidated-damages amount has been separately agreed upon, MDP may pursue its actual damages, lost profits, unjust enrichment, disgorgement, injunctive relief, statutory damages, attorneys’ fees where permitted, and any other available legal or equitable remedy.
Participant acknowledges that damages resulting from misuse of MDP intellectual property may substantially exceed the amount Participant paid for the Program.
Nothing in this Section limits any remedy available to MDP for infringement, misappropriation, breach of confidentiality, fraud, or other unlawful conduct.
From time to time, MDP may discuss, recommend, demonstrate, or promote goods or services offered by third parties, including software, marketing services, financial services, recruiting services, consultants, vendors, and other business tools (“Third-Party Tools”).
Participant acknowledges that:
MDP may receive referral compensation, commissions, affiliate fees, or other benefits relating to Third-Party Tools;
Third-Party Tools are provided by independent parties;
MDP does not control and is not responsible for the performance, pricing, availability, security, terms, representations, or conduct of third-party providers;
Participant is responsible for conducting independent due diligence before purchasing or using a Third-Party Tool; and
Any agreement concerning a Third-Party Tool is between Participant and the applicable third party.
MDP represents that it will provide the Services in a professional and workmanlike manner.
MDP further represents that, to its knowledge, the original materials created and supplied by MDP are owned by MDP or used with appropriate authorization.
If Participant or a third party modifies, republishes, distributes, or uses MDP materials outside the scope of this Agreement, MDP’s representations and warranties concerning such modified or unauthorized use shall be void.
Except as expressly stated in this Agreement, MDP makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, completeness, availability, uninterrupted access, or compliance with laws applicable to Participant’s specific business.
Program materials are provided for general educational and informational purposes. They are not a substitute for advice from qualified legal, tax, accounting, financial, medical, mental-health, employment, safety, licensing, or other professional advisors.
Participant is responsible for obtaining professional advice appropriate to Participant’s business, location, employees, customers, and circumstances.
Participant acknowledges that business and financial results are not guaranteed.
Any statements, examples, testimonials, case studies, projections, illustrations, or discussions relating to revenue, profit, sales, growth, business value, freedom, staffing, or other outcomes are provided for illustrative and educational purposes only.
Past participant success does not guarantee Participant’s present or future results.
Results vary and depend on numerous factors, including Participant’s:
Experience, skill, and knowledge;
Market conditions and geographic area;
Business model and pricing;
Financial resources;
Employees and leadership;
Reputation and customer service;
Sales and marketing performance;
Participation, implementation, consistency, and decision-making; and
Other circumstances beyond MDP’s control.
Participant agrees that MDP and its owners, officers, employees, contractors, coaches, representatives, advertisers, and affiliates are not responsible for Participant’s business success or failure except as expressly provided under the 10X Performance Guarantee.
Subject to all terms, conditions, exclusions, and eligibility requirements contained in this Agreement, Million Dollar Plumber, LLC ("MDP") guarantees that Participant's plumbing business will generate gross revenue during the twelve (12) months following Participant's enrollment equal to at least ten (10) times Participant's documented Baseline Revenue.
If Participant fully satisfies all requirements of this Section but does not achieve gross revenue equal to at least ten (10) times Participant's Baseline Revenue during the Guarantee Period, MDP will refund the total amount Participant actually paid to MDP toward the original Success Academy Program Fee.
The Guarantee Period shall begin on Participant's enrollment date and continue for twelve (12) consecutive months.
The refund is limited solely to payments made toward the original Success Academy Program Fee. Annual renewal fees, retreat fees, event fees, third-party products or services, software subscriptions, advertising expenses, travel expenses, financing costs, processing fees, and any other amounts not paid directly toward the original Program Fee are not eligible for reimbursement.
For purposes of this Guarantee, "Baseline Revenue" means Participant's documented gross revenue generated by Participant's plumbing business during the twelve (12) consecutive months immediately preceding enrollment in the Success Academy.
Participant shall provide documentation reasonably requested by MDP to verify Baseline Revenue. If Participant has operated the business for fewer than twelve (12) months before enrollment, MDP may reasonably determine an annualized Baseline Revenue based upon the available business records.
To qualify for the 10X Revenue Guarantee, Participant must:
Complete at least eighty percent (80%) of the Success Academy training videos made available during the Guarantee Period;
Attend at least eighty percent (80%) of the live group coaching classes made available during the Guarantee Period;
Remain current on all scheduled Program payments;
Remain an active Participant in good standing throughout the Guarantee Period;
Make a good-faith effort to implement the systems, strategies, and recommendations taught within the Success Academy;
Maintain complete and accurate financial and business records throughout the Guarantee Period; and
Comply with all other provisions of this Agreement.
For purposes of this Section, MDP's training completion records and attendance records shall be controlling absent clear evidence of an error.
Participant agrees to provide any documentation reasonably requested by MDP to verify eligibility for the Guarantee, including but not limited to:
Business tax returns;
Profit and loss statements;
Business bank statements;
Revenue reports;
Accounting records;
Documentation reasonably demonstrating implementation of the Success Academy systems; and
Any other records reasonably necessary to evaluate Participant's claim.
Failure to provide requested documentation within the time reasonably requested by MDP may result in denial of the claim.
Participant must submit any request under the 10X Revenue Guarantee in writing no later than thirty (30) days following the expiration of the Guarantee Period.
MDP reserves the right to review Participant's training completion, coaching attendance, payment history, implementation efforts, and supporting documentation before approving any claim.
If MDP determines that Participant has satisfied all eligibility requirements contained in this Agreement and Participant's documented gross revenue did not reach ten (10) times Participant's documented Baseline Revenue during the Guarantee Period, MDP will refund the amount Participant actually paid toward the original Success Academy Program Fee.
Participant shall not be eligible for the 10X Revenue Guarantee if Participant:
Fails to complete at least eighty percent (80%) of the Success Academy training videos;
Fails to attend at least eighty percent (80%) of the live group coaching classes;
Fails to remain current on Program payments;
Violates any material provision of this Agreement;
Is removed from the Program for misconduct;
Shares, reproduces, or misuses MDP's intellectual property;
Submits false, incomplete, misleading, or fraudulent documentation;
Fails to submit a claim within the required time period; or
Otherwise fails to satisfy the eligibility requirements set forth in this Section.
The refund described in this Section shall be Participant's sole and exclusive remedy for failure to achieve the revenue increase described in this Guarantee.
Participant agrees to contact MDP in good faith and provide a reasonable opportunity to investigate and resolve any billing concern before initiating a chargeback, payment reversal, card dispute, bank dispute, or similar claim.
Nothing in this Section waives any non-waivable right Participant may have under applicable law or a payment-network rule.
Participant acknowledges that initiating a chargeback does not automatically cancel a valid contractual payment obligation.
A chargeback or payment dispute that is knowingly false, fraudulent, materially misleading, or initiated for the purpose of avoiding a valid payment obligation constitutes a material breach of this Agreement.
If MDP successfully disputes a chargeback and establishes that the payment was validly owed, Participant remains responsible for the amount owed and for reasonable fees and collection costs permitted by law.
MDP may suspend Participant’s Program access while a chargeback or payment dispute is pending.
Participant acknowledges that group coaching calls, classes, masterminds, events, and other Program sessions may be audio-recorded, video-recorded, transcribed, photographed, or otherwise documented by MDP for educational, quality-control, archival, accessibility, and internal training purposes.
By participating in a recorded session, Participant consents to being recorded to the extent permitted by applicable law.
Participant is responsible for avoiding the disclosure of sensitive, privileged, regulated, or personally identifying information during group sessions.
Participant may not independently record Program sessions without MDP’s prior written permission.
MDP may make recordings of group sessions available to other authorized Program participants, including future participants, as part of the Program library.
MDP will use commercially reasonable efforts not to intentionally disclose highly sensitive information unrelated to the educational purpose of the recording, but Participant acknowledges that comments voluntarily made during a group session may be included in the recording.
MDP shall not use a Participant’s identifiable testimonial, image, voice, or individual success story in paid advertising without Participant’s consent when such consent is required by law.
Where Participant voluntarily submits a testimonial, case study, review, photograph, video, social-media post, or other promotional content to MDP for marketing purposes, Participant grants MDP a worldwide, royalty-free, non-exclusive license to reproduce, edit for length or clarity without materially changing its meaning, publish, display, distribute, and promote that submitted content.
Participant represents that any testimonial or result statement Participant provides is truthful and reflects Participant’s honest experience.
Participant consents to receiving transactional communications related to enrollment, billing, Program access, scheduling, coaching, community administration, renewals, and legal notices by email, text message, telephone, or through the applicable Platform.
Marketing communications shall remain subject to applicable consent and opt-out requirements.
To the fullest extent permitted by law, Participant agrees to indemnify, defend, and hold harmless MDP and its affiliates, owners, officers, directors, employees, contractors, coaches, representatives, successors, and assigns from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:
Participant’s gross negligence, willful misconduct, or unlawful conduct;
Participant’s material breach of this Agreement;
Participant’s operation of Participant’s business;
Participant’s employment, pricing, marketing, sales, tax, licensing, safety, customer-service, or operational decisions;
Participant’s misuse of Program materials;
Participant’s infringement or misappropriation of a third party’s rights; or
Content, statements, materials, or information supplied by Participant.
MDP agrees to indemnify Participant from third-party claims arising directly from MDP’s gross negligence, willful misconduct, or material breach of its representations in this Agreement.
The party seeking indemnification shall provide prompt written notice of the claim, reasonable cooperation, and control of the defense to the indemnifying party, provided that no settlement admitting fault or imposing a nonmonetary obligation on the indemnified party may be entered without that party’s consent.
To the fullest extent permitted by law:
MDP shall not be liable for indirect, incidental, special, consequential, exemplary, punitive, or speculative damages;
MDP shall not be liable for lost profits, lost revenue, lost business opportunities, loss of goodwill, business interruption, loss of data, employee claims, customer claims, or third-party platform failures;
MDP shall not be responsible for decisions Participant makes or actions Participant takes based on Program information; and
MDP’s aggregate liability arising out of or relating to the Program or this Agreement shall not exceed the amount of the original Program Fee actually paid by Participant to MDP during the twelve (12) months preceding the event giving rise to the claim.
The foregoing limitations shall not apply to liability that cannot lawfully be limited or excluded.
The parties acknowledge that the fees charged for the Program reflect this allocation of risk.
If any MDP-created deliverable provided through the Program becomes, or in MDP’s reasonable opinion is likely to become, the subject of a third-party infringement claim, MDP may, at its option:
Procure the right for Participant to continue using the affected material;
Replace the material with a substantially similar non-infringing alternative;
Modify the material so it is no longer infringing; or
Discontinue access to the affected material.
MDP shall have no responsibility for infringement claims arising from:
Participant’s modification of Program materials;
Participant’s combination of Program materials with materials not supplied or approved by MDP;
Use outside the scope of this Agreement;
Continued use after MDP directs Participant to stop; or
Materials, trademarks, content, or instructions supplied by Participant.
This Agreement begins when Participant accepts the Agreement, submits an enrollment payment, or first accesses the Program, whichever occurs first.
The Agreement remains in effect for as long as:
Participant has access to any part of the Program;
Participant owes any amount to MDP;
An annual renewal term remains active; or
Any provision that expressly survives termination remains enforceable.
MDP may suspend or terminate Participant’s access immediately if Participant:
Fails to make a payment when due;
Violates the intellectual-property, confidentiality, AI-use, solicitation, or community-conduct provisions;
Engages in fraud, harassment, threats, unlawful conduct, or conduct creating a safety concern;
Shares Program access or login credentials;
Initiates a fraudulent or bad-faith chargeback;
Materially disrupts Program operations;
Damages MDP’s systems, community, reputation, or business relationships through unlawful or knowingly false conduct; or
Otherwise materially breaches this Agreement.
For a material breach that is reasonably capable of being cured and does not involve misconduct, safety, confidentiality, intellectual property, fraud, or intentional wrongdoing, MDP may provide Participant five (5) business days to cure before termination.
Participant may stop participating in the Program at any time. However, stopping participation:
Does not cancel the original Program Fee;
Does not cancel remaining payment-plan installments;
Does not create a right to a refund; and
Does not prevent MDP from collecting amounts validly owed.
Participant may elect not to renew access for a future annual term in accordance with Section 3.
Upon expiration or termination:
Participant’s right to access the Program may immediately cease;
Participant must stop accessing, sharing, distributing, or using Program materials except as expressly permitted under the limited continuing-use provision in Section 8;
Participant remains responsible for all amounts owed;
Participant is not entitled to a refund except as expressly provided under the 10X Performance Guarantee or required by law; and
Provisions concerning payment, confidentiality, intellectual property, use restrictions, AI restrictions, indemnification, limitation of liability, dispute resolution, and other provisions intended by their nature to survive shall remain in effect.
MDP shall not be liable for delay, interruption, modification, rescheduling, substitution, or failure to perform caused by events beyond its reasonable control, including:
Acts of God;
Hurricanes, floods, fires, earthquakes, storms, or other natural disasters;
Epidemics, pandemics, public-health emergencies, or quarantine restrictions;
War, terrorism, civil unrest, labor disputes, or governmental actions;
Power, internet, telecommunications, hosting, software, or third-party platform failures;
Venue closures, travel disruptions, or transportation failures;
Illness, incapacity, death, or unavailability of a scheduled instructor or speaker;
Cyberattacks or widespread technology failures; or
Other circumstances that could not reasonably have been prevented.
When reasonably possible, MDP may satisfy its obligations by rescheduling a session, substituting an instructor, providing a recording, changing platforms, modifying delivery, or providing substantially similar replacement content.
A force majeure event does not relieve Participant of payment obligations for Services already provided or access already granted.
Participant agrees that:
Checking an acceptance box;
Clicking an enrollment, purchase, submit, or similar button;
Typing Participant’s name;
Electronically signing an order form;
Submitting payment; or
Accessing the Program after being presented with this Agreement
constitutes Participant’s electronic signature and acceptance of this Agreement.
Electronic signatures, records, notices, and copies shall have the same legal effect as original handwritten documents to the fullest extent permitted by applicable law.
Participant agrees to maintain a valid email address and promptly notify MDP of any changes.
Notices under this Agreement shall be in writing and delivered by email, recognized overnight delivery service, certified mail, or another verifiable electronic method.
Notices to Participant may be sent to the email address or mailing address provided at enrollment.
Notices to MDP shall be sent to the contact information designated on MDP’s website or enrollment materials.
A notice sent by email shall be deemed received when transmitted, unless the sender receives a delivery-failure notification.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
To the extent a dispute is not subject to a separately agreed arbitration provision, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida.
Participant waives any objection based on personal jurisdiction, improper venue, or forum non conveniens, to the extent such waiver is enforceable.
In any action or proceeding arising from a material breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs to the extent permitted by applicable law.
MDP may also recover reasonable attorneys’ fees and collection costs incurred in collecting undisputed amounts validly owed by Participant, where permitted by law.
This Agreement, together with the applicable order form, checkout terms, signed enrollment document, and incorporated addenda, constitutes the entire agreement between the parties concerning the Program and supersedes prior or contemporaneous oral and written communications concerning the same subject matter.
If there is a conflict between documents, the following order shall apply unless expressly stated otherwise:
A written amendment signed by both parties;
A signed order form or enrollment agreement;
An applicable addendum;
This Participation Agreement; and
General marketing or promotional materials.
MDP may update administrative, platform, conduct, scheduling, or operational provisions from time to time. Material changes affecting payment obligations, guarantee eligibility, dispute rights, or substantive access rights shall apply prospectively and shall be communicated to Participant as required by law.
No oral statement shall modify this Agreement.
Participant may not assign, transfer, delegate, sell, or convey this Agreement, Program access, payment obligations, or Program benefits without MDP’s prior written consent.
MDP may assign this Agreement to an affiliate, successor, purchaser of substantially all relevant assets, or entity acquiring or operating the Program.
Failure or delay in enforcing a provision does not waive that provision or any other right. A waiver must be in writing and applies only to the specific matter identified.
If any provision is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed. The remaining provisions shall remain in full force.
The parties are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, franchise, employment relationship, fiduciary relationship, or agency relationship.
Headings are for convenience only and do not limit or alter the meaning of any provision.
This Agreement shall be interpreted fairly according to its terms and not strictly against either party as drafter.
This Agreement may be executed in counterparts and by electronic means. Each counterpart shall be deemed an original, and all counterparts together constitute one instrument.
By accepting this Agreement, Participant acknowledges that Participant:
Has read and understands the Agreement;
Has had the opportunity to ask questions and seek independent legal advice;
Understands that a payment plan is a binding obligation to pay the entire Program Fee;
Understands that the original purchase does not include lifetime access;
Understands that continued access after the initial access period requires payment of the applicable annual renewal fee;
Understands that business and financial results are not guaranteed except for the limited remedy expressly provided under the 10X Performance Guarantee;
Understands the participation and documentation requirements for the guarantee;
Agrees to protect MDP’s intellectual property and confidential information;
Consents to electronic signatures, records, and communications; and
Voluntarily agrees to be legally bound by this Agreement.