Last updated: October 01, 2023

Please read these terms and conditions carefully before using Our Service.

Participation Agreement For Build It Brave™

This Participation Agreement (“Agreement”) as dated upon the date set forth below, governs the terms and conditions for participation by the Participant identified below (“Participant”) in a Build It Brave™ (“Program”) created by The Encouragist LLC (“Owner”).

1. The Program

The Program is a monthly program organized to guide and educate participants through aspects of operating and growing a business. Program State Date will be the date upon which the Program is purchased (“Program Start Date”). Program End Date will be when the Participant Cancels (“Program End Date”). The content of this Program will be provided to Participant upon the Program Start Date but is subject to modification at any time per the discretion of the Owner. Program access will be available to Participant between the Program Start Date and Program End Date (“Enrollment Period”) subject to Participant following the Articles as set forth in this Agreement.   

2. Program Fee and Payment Schedule

a. Program Fee – The Fee for the Program is $97.00 a month or $970 annually but may vary based on promotional pricing. The Program Fee includes:

• Access to a membership portal with trainings for the duration of the Enrollment Period;

• Access to twelve (12) monthly group coaching calls for the duration of the Enrollment Period;

• Access to private Build It Brave™ Mighty Network Community for the duration of Enrollment Period;

b. For Participants Selecting Full Payment:

i. Payment In Full – Participant will make a full payment of $470- (“Full Payment”) to Owner and must agree to this of Agreement a the time of payment Full Payment. Failure to return a signed copy of this Agreement within those 48 hours or Check the box agreeing with The Full Participation Agreement will result in the suspension of access until Agreement is executed and returned. If Agreement is not returned within 5 days of Full Payment, Participant will forfeit admission into the Program, Full Payment will not be refunded, and Owner reserves right to enforce the Agreement as made effective on the date outlined in the first sentence of this Agreement.

If payment is insufficient or declined for any reason, Owner has authority to remove Participant from the Program, pursue collection of the balance of the Program fee, and shall have no liability in those regards. 

ii. Cancellation Policy  – Requests for Program refunds received by Owner will not be honored. Changes or substitutions cannot be made to the Program participant unless requested within 30 days from the program start date in which 1st month’s payment will not be refunded. Subscriptions can be canceled at any time with an email request.

3. Participant’s Conduct

Participant agrees to conduct him/herself within the Program in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants. Participant acknowledges and agrees that the Owner reserves the right to remove Participant from the Program, without reimbursement, if Owner, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.

4. Confidentiality

Participant understands that given the group format of this Program, information provided or shared with the Owner or other participants, whether in the form of comments, discussions in Program-related forums, coaching calls, webcasts, or otherwise are confidential.

5. Program Access

Participant understands that his/her Enrollment Period in the Program is for the time between the Program Start Date and Program End date as set forth above. Participant will not have access to the Program and any part in relation thereto after the Participant’s Program End Date unless the Participant chooses to renew their program membership.

The Program may only be accessed by the Participant – the individual who is the customer on record with the Owner. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Owner’s express written consent.

6. Release

Participant agrees that the Owner may use any images, audio recordings, or video recordings of Participant obtained while enrolled in the Program in connection with the Program, including but not limited to testimonials, zoom calls,  web pages, and market research. Participant waives any right to payment, royalties, or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Owner is hereby held harmless, released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf of the Participant’s estates have or may have by reason of this authorization.

7. Intellectual Property

All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Owner or the Program partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Program for any reason without the prior written permission of the Owner.

8. Disclaimer of Warranties

The Owner gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Owner offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Owner does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies, or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.

9. Force Majeure

Owner shall not be liable for any failure or delay in the performance of this Agreement if such failure or delay is due to causes beyond Owner’s reasonable control, including but not limited to acts of God (such as earthquakes, tornadoes, floods, etc.), war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the Owner relying upon this provision shall give written notice to the Participants of its inability to perform or delay in completing their obligations in regards to Articles 1 and 2.

10. Governing Law; Venue; Dispute Resolution

This Agreement shall be governed by the laws of the State of Georgia and any disputes arising from it must be handled exclusively in Carroll County, Georgia. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through electronic correspondence. The Parties further agree that their respective good faith participation in any electronic correspondence is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures with the exception of those items outlined in Article 2 relative to the amount owed for the program. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

11. Entire Agreement; Waiver

This Agreement constitutes the entire agreement between the Participant and the Owner and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Owner shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Owner.

12. Effect of Headings

The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

13. Severability

If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

IN WITNESS WHEREOF, the parties hereto have executed this Participation Agreement

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