MDBA TERMS AND CONDITIONS

By checking the box next to this Terms of Use, and clicking the "Purchase" button, you, the purchaser of the Million Dollar Brand Academy outlined below (hereinafter "you" or "Client") agree and willingly purchase entry into this program to be provided with services rendered by Kinzie Madsen, LLC (hereinafter "Kinzie Madsen" or "Kinzie"), and you agree you are voluntarily entering into a legally binding Agreement with Kinzie Madsen, inclusive of the following Terms and Conditions mutually agreed upon:

For good and valuable consideration of either a one-time payment of two thousand, nine hundred, ninety-seven U.S. Dollars ($2,997), or 6 monthly payments of five hundred, ninety-seven U.S. Dollars ($597), or 12 monthly payments of two hundred, ninety-seven U.S. dollars ($297), Client is electing to purchase the Million Dollar Brand Academy (hereinafter "MDBA"). In exchange, Kinzie Madsen agrees to provide the services outlined in the Program Details below.

Program Outline:

Client agrees and understands that he/she is purchasing the Million Dollar Brand Academy ("MDBA" or "Program") by Kinzie Madsen, a course consisting of 30 audio or video trainings, designed to help you build a brand that stands out and attracts your dream customers. Created by branding expert, Kinzie Madsen, MDBA includes journaling prompts, six bi-weekly coaching calls, access to a private Instagram® community, tutorials to design your own packaging, website, graphics, logo, and more.
Client acknowledges that he/she has read the Program Outline and conducted any additional research necessary to feel he/she understands what is being provided in MDBA as well as what is not included. Client agrees to be bound by the Terms and Conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Kinzie Madsen’s website.

If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, Kinzie Madsen LLC, or Kinzie, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Kinzie Madsen reserves the right to remove such Client, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

Non- Disclosure

Client understands that one of the primary elements in purchasing MDBA and learning from Kinzie Madsen is the benefit of obtaining expert guidance, teachings, materials, and exercises that have given Kinzie Madsen LLC its branding and social media following. Following Client's participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Kinzie Madsen, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client's participation in MDBA. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in MDBA, without permission from Kinzie Madsen, LLC or Kinzie Madsen personally.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through MDBA, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Kinzie Madsen. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in MDBA, other than for personal use in her own business and social media accounts without prior written permission from Kinzie Madsen.

Testimonials

Client understands and agrees that any and all commentary provided on public social media profiles including those belonging to Kinzie Madsen may be published and used as testimonials by Kinzie Madsen. Client gives Kinzie Madsen a non-exclusive license to use the copy as written on the social media profile, in the email, or otherwise, and repost on Kinzie Madsen’s social media channels, in advertisements for MDBA, or other similar channels for the specific purpose of promoting and showcasing MDBA client results.
If Client chooses to write about positive experiences in MDBA, Client understands the material, along with Client's name and other identifying information, will likely be published on Kinzie Madsen's website, social media, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Kinzie Madsen an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Kinzie Madsen as part of a Testimonial.
Client waives any right to the tort of invasion of privacy and also waives any right of compensation for any reproductions or use in Kinzie Madsen’s website, social media, or marketing materials.

Payment and Payment Plan

Client understands the cost of the program is payable in full, or via two payment plan options, which Client will select at the time of purchase:

A one-time payment of two thousand, nine hundred ninety-seven U.S. dollars ($2,997) payable up front, in full;
Six payments of five hundred ninety-seven U.S. dollars ($597) payable over six (6) months, totaling $3,582 if this payment plan option is selected;
Twelve payments of two hundred ninety-seven U.S. dollars ($297) payable over twelve (12) months, totaling $3,564 if this payment plan option is selected.
Client agrees to render payment via credit card on Kinzie Madsen's sales and checkout page for MDBA. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Kinzie Madsen's website or a designated third-party payment processor of Kinzie Madsen's choosing, in full.

If Client elects to purchase MDBA via one of the offered payment plans, Client agrees to abide by the rules and payments as explained on Kinzie Madsen's sales page. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted utilizing the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client's decision to cease use of MDBA for any reason does not eliminate Client's responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
Kinzie Madsen reserves the right to cancel Client's access to MDBA should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Kinzie Madsen in exchange for work completed thus far, and it is up to the sole discretion of Kinzie Madsen whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
If Client and Kinzie Madsen have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Kinzie Madsen's sales page.

Refund Policy

Kinzie Madsen wants you to be satisfied with your purchase, but also wants you to give your best effort to apply all the strategies in the MDBA course. If you are not completely satisfied with your purchase within the first fourteen (14) days, Kinzie Madsen may, in its sole and exclusive discretion, offer a 14-day refund to those who submit sufficient proof they gave the course an honest effort, and it did not work for them.

To discuss a refund, contact Kinzie Madsen support team at [email protected] within 14 days of the date in which MDBA was purchased. You must include evidence with your refund request that all available modules and workbooks have been completed, and the methods taught within MDBA have been implemented. If you request a refund and do not include your coursework, you will not be granted a refund, and will not be granted an extension should the 14 day timeline run out while the incomplete refund request is pending.

Due to the subjective nature of the Program provided by Kinzie Madsen, and Kinzie Madsen's inability to control Client's availability, motivation, external forces, financial situation, or level of engagement in Program, Kinzie Madsen is not able to offer refunds once Client has purchased the program, after these 14 days. Please conduct any and all necessary research to determine if MDBA is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes the program.

Voluntary Participation

Client understands and agrees that he/she is voluntarily choosing to enroll in MDBA and is solely responsible for any outcomes or results. While Kinzie Madsen believes in its services and that MDBA is able to help many people, You as the Client acknowledge and agree that Kinzie Madsen is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in MDBA and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within MDBA is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding MDBA and Kinzie Madsen, should Client make any false or disparaging comments within the MDBA Instagram group, to other members of MDBA, or otherwise publicly speak negatively about Kinzie Madsen, LLC, Kinzie Madsen personally, or any other member of Kinzie Madsen, or MDBA, Client may be removed from the MDBA community. Kinzie Madsen places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

Disclaimer

Client understands that he or she must actively participate in the full Program in order to see results, and even then, specific results are not guaranteed. While many of Kinzie Madsen's past and current clients have experienced wonderful benefits from MDBA, and Kinzie Madsen and its team will act in their full capacity to ensure your success and happiness in MDBA, Kinzie Madsen cannot guarantee results of MDBA, and cannot make any representations or guarantees regarding individual results. Client will hold Kinzie Madsen and MDBA harmless if he or she does not experience the desired results, including but not limited to building a million dollar brand.
Earnings Disclaimer: Kinzie Madsen also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Kinzie Madsen responsible for Client earnings, or any increase or decrease in finances based upon information within MDBA. Any information or testimonials regarding past or current clients' participation in MDBA or working with Kinzie Madsen contained on Website or in sales material that contain financial information are individual, and results may vary. Kinzie Madsen is not able to learn and assess all clients' businesses, personal sales models, and strategies outside MDBA and as such, has no way of ensuring that MDBA will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether MDBA will be right or beneficial for you, and is in no way the responsibility of Kinzie Madsen, LLC, Kinzie Madsen, or anyone else associated with Kinzie Madsen, LLC.
Client understands that all services provided by Kinzie Madsen in connection with the Program being purchased are provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Kinzie Madsen on a purely voluntary basis and does not hold Kinzie Madsen or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Kinzie Madsen delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Kinzie Madsen and Client.
Client agrees to hold Kinzie Madsen harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of MDBA. The content provided by Kinzie Madsen on his/her website and within MDBA is comprised of information that has worked for Kinzie Madsen and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Kinzie Madsen cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Kinzie Madsen responsible for.

Intellectual Property

Client agrees and understands that Kinzie Madsen has created numerous original, creative works in connection with the Program, and agrees that Kinzie Madsen maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Kinzie Madsen. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Kinzie Madsen. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Kinzie Madsen to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Kinzie Madsen or obtained through working with Kinzie Madsen, without Kinzie Madsen's express written consent. If such behavior is discovered or suspected, Kinzie Madsen reserves the right to immediately end Client's participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Kinzie Madsen's Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Kinzie Madsen as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Kinzie Madsen. As a "Licensee," Client understands and agrees that Client will not:

Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Kinzie Madsen;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Kinzie Madsen, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Kinzie Madsen as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Kinzie Madsen was Client's work, and use in his/her business as his/her own.
Share purchased materials, information, or Content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Indemnification

Client agrees at all times to defend, fully indemnify and hold Kinzie Madsen and any affiliates, agents, team members or other party associated with Kinzie Madsen harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client's use of Program, as well as any third-party claims of any kind (including attorney's fees) arising from his/her actions as a direct or indirect result of Client's participation in Program. Should Kinzie Madsen be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client's participation or assistance would benefit Kinzie Madsen's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Kinzie Madsen, free of charge.

Dispute Resolution

Should a dispute arise between Kinzie Madsen and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a "dispute" and agrees he or she does not hold Kinzie Madsen responsible for any specific results, or those results which have been achieved by other clients of Kinzie Madsen.)
If unable to reach a resolution informally, Client and Kinzie Madsen agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Lehi, Utah within a reasonable amount of time. Client and Kinzie Madsen agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

This Agreement shall be governed by and under control of the laws of Utah regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Utah are to be applicable here.

Amendments

This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Kinzie Madsen, or a party authorized to sign on behalf of either party.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Million Dollar Brand Academy (MDBA) by Kinzie Madsen. Once the Program is purchased and all Agreements are agreed to, Client is to have full access to the complete MDBA program, to be completed at his or her own pace.

As outlined on the sales page, MDBA includes the following 30 modules:

Setting and Smashing Goals
Becoming a Boss Bitch CEO
Reprogramming Your Mind to Millions
Opening Your Connection to Abundance
Visualizing Your Way to 7-Figures
Quantum Branding
Dream Customer Clarity
Your Customer’s Struggles
Why Do You Care? Why Can You Help?
The Name Game
Let’s Talk Logos
Creating Powerful Packaging
Color Vibes
Your Home on the Internet
The Art of Communication
Brand Photography
Planning Content
Captions that Convert
Influencers
Captions that Convert
Pricing
When Your Customers Sell For You
Creating Juicy Biz Routines
Building Community and Connection
Your Customer’s Journey
Serving Up Instant Gratification
Hiring (and Firing) Employees
Getting Started
Growing Effortlessly
Reaching Your Next Level

Modules: Kinzie Madsen will make available thirty (30) modules, to be made available upon purchase of Program. Although designed to complete in order, weekly, Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by Kinzie Madsen for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in MDBA.
Instagram Group Access: Client may also be granted access to a private group on social media organized by Kinzie Madsen as part of the MDBA package. If granted access, Client agrees to use common sense when posting or responding to others' in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Kinzie Madsen reserves the right to remove Client from any such Instagram group and other similar community, in order to preserve the experience for the rest of Kinzie Madsen's clients.
Bi-Weekly Group Coaching Calls: For a limited time, MDBA will include access to group coaching calls, where members may log in and access a live Q&A call with a member of the Kinzie Madsen team, to get any questions answered and gain extra value at no extra charge. This feature is not included within the price of MDBA, and is a bonus subject to end at any time, in the sole and exclusive discretion of Kinzie Madsen. Client understands that he/she does not have a cause of action or valid request for refund if such calls end during Client's participation in MDBA or before he/she joins MDBA.

Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Kinzie Madsen is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Kinzie Madsen and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.

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