Certification Agreement

I am so excited that you are interested in becoming a Certified Fix This Next Advisor. Please read this information carefully.

The purpose of this Agreement is to set forth the details about the Program so that you are clear as to the requirements, the expectations of you, and the support/mentoring you can expect as you complete the Program for a certificate in Fix This Next (“Certification”).

It is my desire to serve you wholeheartedly in this Certification with love, support and guidance. I want you to be fully committed to this process as you learn tools and tips to help you lovingly and holistically serve your clients in your own practice.

This Agreement is made today between Obsidian Launch LLC, 12 Fernhollow Rd, Boonton, NJ 07005 (“I”, “we”, or “us”) and the mentee (“you”), on the date set forth below. We both legally agree to the following:

1. Certification Program Description.

The Fix This Next certificate program (“Program”) will teach you a proprietary methodology and include access to information, training and materials (collectively “Program Materials”). The Program includes:

Access to an online platform through a private portal
Exclusive Q&A sessions with Mike Michalowicz.
Exclusive educational sessions with Mike Michalowicz
Autographed copy of Fix This Next
Branding and marketing materials

2. Certification Requirements.

To become a Certified FIx This Next Advisor, you must have successfully completed the following Certification requirements. To be eligible for Certification, it is required that you:

Complete the Program in its entirety.
Pass the certification test.
Complete your advisor profile.

3. Certification Benefits.

Upon successful completion of the Certification Requirements, you will receive these benefits (collectively, “Certification and Certification Benefits”):

Identify yourself as a Certified Fix This Next Advisor,
Use the methodology taught in the Program with your clients
Use the Certified Fix This Next badge on your website and marketing materials
Be included in our Certified Fix This Next Advisor Directory on our website
Use the Program Materials in your own practice in accordance with the terms of this Agreement

4. Expectations.

Upon Certification, it is our expectation and your responsibility at all times to:

Respect and comply with all of the terms of this Agreement
Show respect and kindness to all others participating in the Program, including our staff
Use the Program Materials only as intended and in accordance with this Agreement
Follow the Program methodology with your clients
Follow all branding guidelines provided for use of the Certification Benefits and Program Materials, respecting all copyright and trademark rights
Not publicly or privately disparage us or the Program, Certification, Program Materials, brand or logo, or any other aspect of our business
Ask any questions you may have as they arise
Follow your licensure and scope of practice requirements at all times, if applicable, and engage in the proper and ethical care of your own clients

5. Communication.

Should you have a question related to the Program or Certification, you may send an email to support@fixthisnext.com. No phone or texts, please. We will do our best to reply to you within 48 hours.

6. Investment and Payment.

Program and Certification Fee:

Payment in Full. If paying in full, your investment is 1 payment of $1495 USD for the first year and it is due in full at the time of enrollment. Payment may be made by credit card. You will be enrolled in auto-payments for recurring years to be billed on the same date as your original payment. All subsequent years will be $995 USD.

Payment in Installments: If paying by installments, payment of the first installment is due at the time of enrollment, and each subsequent installment payment is due and payable on a monthly basis from the date of enrollment. Payment may be made by credit card. If paying in installments, you agree that your installment payment amount is 12 payments of $145 USD for the first year. You will be enrolled in auto-payments and the payment will be deducted each month on the day you originally enrolled. After the first year the payments will be $95 USD each month into perpetuity.

Authorization and Receipt: If paying by credit card, you give us permission to automatically charge your credit or debit card as payment for your Certification for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

Missed Payment: We understand that there can be major life events or circumstances that prevent making payment on time, so we do allow you a 7-day grace period in which to make payment. However, if payment has not been received within that time frame, in our sole discretion, we reserve the right to stop your access to and participation in the Program and Certification immediately.

Refund Policy: It is my intention for you to be happy with your Program and Certification. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Program and Certification, no refunds will be provided. Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Program or Certification at any time. By signing below, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should you attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not, and you will still remain contractually responsible for payment in full for the Program. You agree that chargebacks are not permissible, and we reserve the right to report them.

7. Certification Term, Renewal and Non-Renewal.

Certification Term: Your Certification Term is for a 1-year period starting the day that your Certification is granted.

Certification Renewal Term, Fee and Benefits: Upon expiration of your Certification Term, you will be granted automatic renewal upon payment of a Certification Renewal Fee of $995 USD if you enrolled with an annual payment or $95 USD per month if you enrolled with a monthly payment plan. You will receive the same Certification Benefits as originally granted.

Certification Non-Renewal: Should you choose to not renew your Certification, you will lose your privilege to market and call yourself a Certified Fix This Next Advisor and to use the Certification Benefits. You will be required to immediately stop using the Certification and Certification Benefits immediately and you will have 14 days following the Certification Renewal due date to remove all references to holding yourself out as certified on your website and all marketing materials. You will have the right to state that you went through the Program as a part of your bio, but you may not in any way represent that you are currently certified as a Certified Fix This Next Advisor.

8. Revocation of Certification.

Our expectation is that you will fully comply with the terms of this Agreement. However, we reserve the right to immediately terminate this Agreement and/or revoke your Certification and the provision of Certification Benefits in our sole discretion if you:

Violate or breach any of the terms of this Agreement.
Engage in illegal or unethical conduct.
Behave unprofessionally in a way that reflects poorly on our Program, Certification and Certification Benefits or us.
Use the Program methodology inappropriately or contrary to the terms of this Agreement.
Fail to comply with your local, county, state or federal laws
Fail to comply with your state licensure, governing board and ethics requirements, if applicable.

You will be required to immediately stop using the Certification and Certification Benefits immediately and you will have 14 days following the date of the revocation of Certification to remove all references to holding yourself out as certified on your website and all marketing materials. You will have the right to state that you went through the Program as a part of your bio, but you may not in any way represent that you are currently certified as a Certified Fix This Next Advisor.

9. Confidentiality.

We will keep all information exchanged during the Program and Certification process in strict confidentiality. We are prohibited from disclosing protected confidential information to anyone else without reason to know such information, except to team members or contractors who have a reasonable need to know such information, as when required by law, or upon written authorization by you. Please recognize that when you share personally-identifying information through the Program or Certification that you understand that these are public platforms accessible by others, and therefore, we cannot guarantee your privacy for what you voluntarily share in the group on any platform.

10. Intellectual Property Rights.

Our Limited License to You: This Certification and Certification Benefits and all other information related to the Program and us, are the sole property of us and protected by copyright, trademark, and other intellectual property laws with all rights reserved, including without limitation the content, layout, design, data, databases and graphics related to the Program, Certification and Certification Benefits unless otherwise indicated. We are granting you a limited license with permission to use our intellectual property related to the Program, Certification and Certification Benefits in your business provided you do so with permission and restrictions in accordance with this Agreement. This means that when you sign this Agreement, you are purchasing the limited right to use the Program, Certification and Certification Benefits exactly in the form and manner that is instructed and provided by us, unless otherwise specified. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for limited commercial use only, limited to you only.

Trademarks and Copyrights: The trademarks and logos which are displayed in the tools, logo, website and anything else related to the Program, Certification and Certification Benefits or us are logos and trademarks belonging to us and shall be retained by us. For our trademarks and logos for which you are granted permission to use, our trademark indicia must be included at all times, unless otherwise provided in this Agreement. For any content that may be provided to you through the Program, Certification and Certification Benefits, including any .pdfs and sample materials, our copyright indicia must be included at all times, unless otherwise provided in this Agreement. You may not use our logos, taglines, website content or any language relating to the Program, Certification and Certification Benefits, or us in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Permissible Activities: The limited license that we are providing to you grants you the permission to do the following:

You may use the Program, Certification and Certification Benefits provided (1) you must retain the copyright indicia on the bottom of the footer of the document at all times, and (2) you may not change the content or add any other logos or information as the content of the Program Materials are to be used exactly as is.
You have a limited license to use the Program Materials, Certification and Certification Benefits as provided to you by us in accordance with the directions we give you.

Prohibited Activities and Information You May Not Share with Others: You understand and acknowledge that the information obtained through your Program, Certification and Certification Benefits has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use. When you enroll in the Program and use the Certification and Certification Benefits, you expressly agree that you will not use our content in any way that is contrary to this Agreement. You agree that you are clearly and expressly forbidden from doing the following:

You may not alter the copyright or trademark indicia in any way, unless otherwise specifically granted permission to do so, and you may not remove any of these items in accordance with the directions provided to you and as set forth in this Agreement.
You may not use any Program Materials, Certification and Certification Benefits, other than in instances where we give you written permission, in your own work or practice with clients as these are training materials for your own use, and specifically not for use with in any way with your clients.
You may not alter or misrepresent the Program, Certification or Certification Benefits in any way as yours or in any way created by you, unless otherwise permitted in this Agreement.
You are explicitly prohibited from training any other person in using our methodology, or any other aspect of the Program, Certification or Certification Benefits. Unless otherwise explicitly authorized in this Agreement, you may not duplicate or share the Program Materials, Certification or Certification Benefits with any other person, and you are not authorized to train any other person or business how to use or create a Certification program for their own commercial or business use with their own clients. Anyone who intends to use the Program, Certification or Certification Benefits for their own commercial or business use is required to successfully complete the Program and receive Certification directly from and through us. If you obtain or receive knowledge that someone else intends or uses the Program, Certification or Certification Benefits for commercial or business use without our express permission, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you or others would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.
You may not use the Program, Certification or Certification Benefits in any way to make you money outside of the limited license you are being granted through this Agreement, such as in an e-book, book that is self-published or published through a publishing company and/or self-publishing effort, online publisher, or any other publishing company/vehicle., regardless of whether you add your own unique material to it or not.
You are expressly forbidden from creating your own program or course that is identical or substantially similar to the Program, Certification or Certification Benefits, in full or in part, for any business or commercial use other than as permitted through this Agreement. Because of the time, energy and effort required to develop the Program, Certification and Certification Benefits, if you do so, you may be considered to be stealing copyrighted, trademarked, and proprietary information that belongs to us, and you agree that we have the right to take legal action if desired.
Except as specifically provided by us, you are prohibited from copying, editing, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting or marketing contained on our website, sales pages, e-mail, video, or any other Program Materials, Certification or Certification Benefits or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Program Materials, Certification or Certification Benefits for your own business in no way gives you any copyright or ownership rights of that material.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us: By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via our website or social media, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. When you comment or post, you recognize that you are voluntarily sharing your thoughts and ideas, and you are granting us a limited license to use and/or display any of the material that you submit, in whole or in part, without seeking your permission around copyright, trademark, service mark and or/patent laws under relevant jurisdiction. We also reserve the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

11. Personal Responsibility, Disclaimer & Release of Claims.

Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for your health and well-being, and that of your clients, and all of your choices, actions, and results made before, during and after your Program and Certification. We have used care in preparing the information provided to you through this Certification and it is being made available to you for your informational and educational purposes only. You understand that you are expressly assuming all of the risks of the Program and Certification, whether or not such risks were created or exacerbated through the Certification, and you are solely responsible for the results experienced by you or your clients. You are required to use your own professional judgment and care when interacting with your clients and you are required to follow all local, state and federal laws and ordinances. We are not responsible for your decisions, actions, failure to act, or results for yourself or your clients at any time.

Medical Disclaimer: This Certification is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through this Certification and Certification Benefits is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your or your client’s own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, massage therapist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have received through this Certification or from us in any other way. If you have or suspect that you or your client has a medical or mental health issue, contact their health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

No Warranties: THIS CERTIFICATION, CERTIFICATION BENEFITS, AND INFORMATION PROVIDED THROUGH THE CERTIFICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

No Guarantees: We do not make any representations or guarantees as to the effectiveness, future income, expenses, sales volume or potential profitability that may be derived as a result of your use of this Certification. Your business success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level through use of this Certification, and you accept and understand that results differ by each individual based on your background, dedication, desire, and motivation, and many other factors. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through this Certification. You are solely responsible for your results. You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from obtaining this Certification. Any earnings, income, or revenue shared is only an example of what is possible to achieve. Results vary for each individual based on a variety of factors, so there are no guarantees that you will experience the same or similar results.

Technology Disclaimer: We try to ensure that the availability and delivery of our Certification and Certification Benefits is uninterrupted and error-free, including our content and communications or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Certification or Certification Benefits become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Certification or Certification Benefits inaccessible to you.

Passwords: To use certain features of our Program, you may be issued a group username and password or a unique individual username and password, which you will receive through your enrollment and/or purchase process. You may be able to change the username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn that you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By participating in the Program, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Errors or Omissions: We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Certification or Certification Benefits. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Limitation of Liability: Under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your, or your clients’, use, non-use or misuse of the Certification or Certification Benefits even if we are advised beforehand of the possibility of such damages. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Certification or Certification Benefits in any way, including without limitation any liability for loss to you or your clients’ of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Indemnification and Release of Claims: We will not be held responsible in any way for the information that you request or receive through this Certification and Certification Benefits. By signing this Agreement, you fully and completely hold harmless, indemnify and release us and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Certification or Certification Benefits, unless arising from the gross negligence on our part.

Media Release: By participating in our Program, including the Facebook group or other social media, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, text, voice and/or your likeness. Please note that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our programs or products or on social media.

12. Other Important Terms.

Termination: Either of us may terminate this Agreement without cause at any time with 7 days advance written notice. We may terminate your access to the Program or Certification for cause, including for non-payment, late payment, or for any violation of any term of this Agreement. In the event of cancellation or termination for cause or without cause, you are no longer authorized to access the Program or Certification. Upon termination by either of us, all of the terms of this Agreement, including Investment and Refund terms, will still apply in full force. All payments due and payable that have not been paid shall immediately become due and payable in full.

Notice: Any notice to be given under this Agreement by either party to the other may be made by e-mail to the e-mail addresses as provided below, or by US mail to the addresses provided in this Agreement. Should either of our e-mail addresses change after the execution of this Agreement, we agree to provide the other with our new updated email address within 72 hours.

Force Majeure: In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.

Entire Agreement, Assignment, and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. If any part of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.

Governing Law: This Agreement shall be construed according to the laws of the State of New Jersey where my principal place of business is located.

Dispute Resolution: It is hoped that should we ever have any differences we could be able to work them out through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Morris County in New Jersey where my principal place of business is located and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. For a breach of contract claim, if the contract is deemed to be valid by the arbitrator or a court of law, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs incurred in defending against such action.

Non-Disparagement: In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, to disparage the Program, Certification, Certification Benefits or us. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Last Updated: 09/03/2024