Terms of Participation in the Leg Up Membership Program
Intellectual Property Non-Disclosure Agreement and Program Success Requirements Acknowledgement
Please read carefully. By signing this document, you’re agreeing to the Terms of Participation, which are set forth below.
Inspired Business Holdings LLC, DBA “Automate & Liberate” referred to as “IBH” agrees to provide the Leg Up Membership Program (herein referred to as “Leg Up” or “Membership”) to the undersigned (herein referred to as “Member”) indicated on the last page of this Terms of Participation document, in the signatures section, in exchange for the Program Fee.
Program Fee and What Member Gets The Program Fee is $397/month or $3,997/year to be paid prior to or at the commencement of the Agreement and prior to the Member being granted password-protected access to the online program delivery portal and Live Group Coaching Calls.
Live Group Coaching Calls: The base Leg Up membership fee entitles Member to listen-only access to the Live Group Coaching Calls. These calls may include live training from Tobin Jarrett and other IBH coaches, on topics pertaining to marketing, sales, technology, and more. The calls are conducted over video conferencing software (Zoom) and generally occur every Wednesday, from 4pm ET – 5pm ET, as well as every 1st and 3rd Wednesday of the month from 7pm ET – 8pm ET. Though IBH does its best to maintain consistency, coaching calls may be canceled or postponed at its discretion due to illness or other circumstances. Further, the particular day and time of these calls may be changed at any time at the discretion of IBH.
Coaching Hot Seat Access: Members may add on Coaching Hot Seat access for an additional $197/mo (less any promotional discounts which may be offered). This entitles Member to receive individual coaching on their specific topic of choice during a period of up to 30 minutes during the Live Group Coaching Calls.
The Term The Program will be delivered via Automation Templates ported into Member’s Ontraport account, including video training modules, pre-written email templates and landing page templates and live group coaching sessions. Member will have ongoing access to the Program Materials for the period of their Membership term (monthly or yearly).
Member understands that Leg Up is a “Do It Yourself” style program, and that Membership does not entitle Members to any work to be done for Member by IBH.
Ongoing 1-on-1 coaching and consulting may be purchased separately.
Terms of Participation
Intellectual Property Non-Disclosure Agreement In order to participate in Leg Up, and as a condition of accessing, continuing to access and/or using any Program Materials & Intellectual Property provided to Member by IBH as part of the Program, Member agrees to the following:
Copyright Protection and Distribution Prevention of Program Materials and Intellectual Property The Program provides the Member with access, via an online content delivery platform, to certain Program Materials and Intellectual Property (collectively, the “Materials”) that IBH has developed, at considerable time and significant expense to IBH.
Except for a limited, revocable, non-exclusive license expressly granted to Member herein, this Agreement does not grant Member any ownership or other right or interest in the Materials or any other component of the Leg Up Program.
All Materials will remain the property of the IBH and are copyright and trademark protected. The Member is granted a limited, revocable, non-exclusive license of the Materials upon the following terms and conditions:
A. Title, copyright, intellectual property rights and distribution rights of the Materials and Intellectual Property remain exclusively with the IBH. Unauthorized use of the Materials may violate copyright, trademark, and other laws.
B. Member shall not provide, distribute, share or otherwise make available, by any means, written, verbal, oral or electronic, the Materials provided to the Member with any person, corporation, partnership, association or entity other than the properly licensed employees of Member. Member shall be responsible for the supervision, protection, management, control and non-disclosure of the Materials shared with employees of Member.
C. Excluding the licensed employees of Member, Member will not use the Materials to coach, train, teach, present, share or otherwise educate others regarding the concepts and content of the Program and the Materials. This prohibition applies to one-on-one communication, formal or informal study groups, mastermind groups, online discussion groups, social media, industry meetings or platform presentations, etc. Member may reference the beneficial nature of the Program and the Materials, as well as the results obtained from the Program, to encourage peers and colleagues to engage the services of IBH.
D. Member will make all reasonable efforts to prevent the Materials from being saved to portable electronic media such as CD/DVD, USB drives, external hard drives or online cloud based storage, etc. by Member and/or employees of Member. Member and Member’s employees are specifically prohibited from saving the Materials to and/or backing up the Materials to proprietary corporate owned or provided computers and computer networks not owned by or in the exclusive personal control of the Member and Member’s employees. If Program Materials are saved, they should only be saved to the personal computer(s) owned by Member and not saved to any personal computer(s) owned by Member’s employees. Member will instruct employees of Member to follow the meaning and intent of this section when employees of Member have access to the Materials.
E. The Program and the associated Materials are for the sole and exclusive use of the Member solely within the organization named in this Agreement on the signature page. Member will make all reasonable efforts to protect the Materials from being saved to portable electronic media and removed or copied and physically removed from the premises where the Member conducts business or scanned and transmitted via e-mail. Without limiting the scope of Member’s reasonable efforts in this regard, Member shall exert at minimum the same efforts Member makes to protect Member’s own proprietary materials and intellectual property.
F. Materials and Intellectual Property include, but are not limited to: training modules, coursework, lesson plans; Automation flows; email and page template copy and design; sales concept training materials, systems and strategies contained within the online program content delivery platform that IBH shares with Member during the Program.
G. Materials and Intellectual Property also include, but are not limited to: audio and/or video recordings of live training sessions, delivered either in person or via videoconference; audio and/or video recordings of online, pre-recorded training presentations; pre-recorded training presentations and associated material such as PDF’s, MP3’s, MP4’s, etc.
H. Member or Member employees will not delete, remove or alter any logo, copyright, trademark or other proprietary rights notices from any Materials.
I. Member will not sell the Materials nor create derivative works of the Materials for the purposes of making them available for selling, trading, or giving away.
J. Member may share the Materials with employees of Member, at the discretion of Member. Only the Member (not the employees of Member) is granted a limited, revocable, non-exclusive license of the Materials.
K. Neither Member, Member’s employees nor anyone hired by Member is permitted to copy, transfer or create derivative works of the Materials for the purpose of placing the Materials or any part or component of the Materials on, or for inclusion in, a third party platform or website of any kind. The Materials must remain in their current form and may not be extracted from the online content delivery platform, altered, transferred, transmitted or uploaded to any outside application, website, training, tracking, support or sales platform, regardless of whether the Member owns or is licensed to use the third party platform.
L. Member will continue to honor the requirements of this section in perpetuity regardless of whether this Agreement terminates in the future.
M. Member will inform present and future employees of Member who have any access to, and/or use of the Materials, that they are expected to abide by all of the above terms contained in this section and will be reminded of their responsibility to honor same upon termination of employment.
N. Member shall be responsible for the supervision, protection, management, control and non-disclosure of the Materials, to include the employees of Member.
O. Upon termination, Member will communicate with departing employees of Member the necessity to not remove any Materials in any form from the premises, either in print or electronically. Any Materials in the possession of the employees of Member, in any form, written or electronic, shall be returned to the Member prior to the point of termination.
Member is entitled to download one automation template per month into its Ontraport account. If Member is seen to be downloading greater than the one per each month, access to the Membership will be terminated and Member understand they will be charged the monthly membership fee multiplied by the number of automation templates they are seen to have downloaded.
P. Member’s access to the Program will be forfeit if any of the requirements of this section are violated. No refund will be allowable in such cases.
Program Success Requirements Acknowledgement Member acknowledges that the Leg Up Program, which involves the transfer of sales and marketing training, strategies, concepts and techniques, is, at its core, a DIY program, and as such, requires self-study, practice, focused implementation and consistent use by Member to attain proficiency and desired results.
Member acknowledges that personally consuming the pre-recorded Program training modules/lessons and personally reviewing the study materials (watching videos, reading documents, listening to recordings, etc.) as well as personally participating in live coaching sessions offered in the Program are essential for full understanding and successful Program implementation.
Member also acknowledges that creating results requires sustained, intentional time and effort and Member is prepared and committed to faithfully make that effort.
Member further acknowledges that different people learn and work at different speeds and that given the many factors beyond IBH’s control, Member acknowledges IBH cannot make any promise as to the speed of proficiency attained, the level of skills achieved, or the results obtained by Member within a given time period.
Member further acknowledges the need to utilize the Program training and coaching with actual traffic, leads, prospects and customers.
No Warranty of Results The business results obtained by Member will vary depending on the individual efforts of Member and employees of Member and the willingness of Member and employees of Member to embrace, adopt, practice and implement the Program. Therefore, IBH makes no warranties whatsoever, neither expressed nor implied, regarding the results the Member may obtain from the Program. Member understands there is no guarantee that Member will reach their goals as a result of participation in the Program.
Member Support: Questions about Member, fees, renewal, or any issues with the technical aspects of the Program should be sent via email to [email protected].
Questions about the strategies, tactics covered in the Automations or the Training Videos therein, should be asked by Member via a post within the Members-Only Facebook group. This allows for IBH to answer the question in such a way as to allow the greatest benefit to other Members. Depending on the question, it may be beyond the scope of a simple answer, in which case, deeper coaching may be required, and is available to those members who have purchased Hot Seat access to the Group Coaching Calls.
Questions about Ontraport software, how it works, including any customer service requests about the software not working as expected, shall be directed to Ontraport Customer support.
Conversely, Member understands that while Leg Up was designed to work within Ontraport, that Ontraport does not endorse or support Leg Up. Thus, Member understands that any questions or concerns about Program must be brought to the attention of IBH, and not Ontraport, its staff, or other Ontraport users.
Member understands that at the time of signing, that not every single one of the Automation Templates may be available. In this case, Member can expect subsequent Automation templates to be released ongoingly. Though IBH does its best to release Automation Templates every 6-8 weeks, there is no guarantee regarding the schedule and timing of these releases.
Member acknowledges that while IBH does its best to ensure that all email templates and landing page templates are proof-read and free of typographical errors, that it is the sole responsibility of Member to proof-read and verify that final assets are free of typographical errors, and to test and verify that any automated system is working as desired before sending traffic through it. IBH is not responsible for any errors, typos, bugs, or other problems that may arise from automated systems of Member. Regardless of whether said system was started via a Leg Up automation template.
Confidentiality The Parties acknowledge and agree that all information concerning either Party’s business shall be treated as confidential information, to be used only in accordance with the provisions and performance of this Agreement and shall not be disclosed in any form without the express, written consent of the other Party. Any personally identifying information (names, SSN, address, copies of any statements, etc.) about the customers of the Member is not needed in the performance of this Agreement. IBH will not request personally identifying information from Member and Member agrees not to provide IBH with personally identifying information about the customers of Member.
Indemnification Member assumes liability for, and shall indemnify, defend, protect, save and hold IBH harmless from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, damages and expenses (including reasonable legal fees and expenses) of whatsoever kind or nature arising out of use of the Program by Member or any breach or alleged breach by Member of any of its warranties, representations, covenants or obligations made pursuant to this Agreement.
Dispute Resolution In the event of any unresolved controversy, dispute or claim arising out of or relating to this Agreement, or a breach thereof, the Parties will attempt to resolve the dispute through friendly and cooperative consultation. If the dispute is not resolved in a reasonable amount of time through discussion between the Parties, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of North Carolina. The arbitrator’s decision and award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of North Carolina.
Entire Agreement This Agreement contains the entire understanding between the Parties with respect to the subject matter herein and supersedes any prior discussion or agreements between the Parties regarding the subject matter. This Agreement may be changed or amended only by an amendment in writing signed by the Parties.
Limitation of Liability It is understood and agreed that IBH will not be liable to the Member, or any agent or associate of the Member, for any mistakes, omissions or errors in judgment or for any act or omission done in good faith and believed to be within the scope of this Agreement.
Errors or Omissions IBH assumes no responsibility for unintentional errors or omissions that may appear in any Program Materials.
Severability The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
Survivability The Copyright Protection and Distribution Prevention of Program Materials and Intellectual Property section above shall survive the completion of Member participation in the Program and will remain in force and in effect in perpetuity.
Member acknowledges and agrees that during, and any time after the completion of the Program, Member has an ongoing duty not to disclose and control the supervision of the Materials as outlined in the Copyright Protection of Program Materials and Intellectual Property section above.
