This Story Selling Accelerator Participation Agreement (this “Agreement”) is entered into as of the by and between The Broadway Dance Collective, Inc., a New York corporation, dba Strength On Stages (the “Company”) and the individual or entity accepting this Agreement (“Participant”). The Company and Participant are each referred to as a “party” and together as the “parties.”

By clicking “I Agree” (or a similarly labeled button or checkbox) where this Agreement is presented, Participant acknowledges that Participant has read and understands this Agreement and agrees to be legally bound by it, and that this electronic acceptance has the same force and effect as Participant’s handwritten signature.

The parties agree as follows:

1. PROGRAM AND SERVICES

1.1 PROGRAM. Participant is enrolling in the Company’s Story Selling Accelerator program (the “Program”). During the Program Period, the Company will provide Participant with the services described in Exhibit A (the “Services”), which is incorporated into this Agreement by reference.

1.2 PROGRAM PERIOD. The Program runs for six (6) months (the “Program Period”), beginning on the Monday following the date on which the Participant accepted the Agreement (the “Effective Date”).

1.3 REPLAYS. Live sessions will be recorded and made available to Participant through the Company’s designated program portal. Replays are provided for convenience and do not substitute for live participation. The Company does not guarantee that replays will remain available after the end of the Term.

1.4 SCHEDULING. The Company will determine the dates and times of coaching sessions and other Services in its sole discretion and does not guarantee any specific days or times.

1.5 DELIVERY PLATFORM. All Services are delivered virtually unless the Company specifies otherwise. Parts of the Program may be delivered using third-party platforms for video conferencing, course hosting, community interaction, scheduling, or payment processing. Participant is responsible for maintaining reasonably adequate internet access and equipment to participate. The Company is not responsible for temporary outages, interruptions, or failures caused by third-party platforms or other circumstances outside its reasonable control. If a significant technical failure on the Company’s side prevents delivery of a live coaching session, the Company will make reasonable efforts to provide an alternative or reschedule the session.

1.6 SCOPE OF SERVICES. The Services described in Exhibit A constitute the full scope of services included in the Program. Private consulting, live events, travel, in-person intensives, and premium add-ons are not included unless expressly agreed in writing by the Company.

1.7 BONUSES. From time to time, the Company may, in its sole discretion, offer additional bonuses, resources, or experiences to Program participants (“Bonuses”). Bonuses are complimentary, may vary or be discontinued at any time, and are not part of the Services.

1.8 PROGRAM ADJUSTMENTS. The Company may make reasonable changes to the Services from time to time when necessary, including to the format, content, sequence, timing, frequency, delivery platform, instructors, and personnel used to deliver them, provided that those changes do not materially reduce the overall Services described in Exhibit A. By way of example, changing the day of the week on which a lesson is released, observing holidays, the theme or framework covered in a given week, the focus or format of a coaching session, or the platform used to host Program content will not, by itself, be considered a material reduction. The Company will use reasonable efforts to notify Participant in advance of any significant change to the Program schedule. Changes made in accordance with this Section 1.8 will not constitute a breach of this Agreement or entitle Participant to a refund or a reduction of the Program Fee.

2. TERM

2.1 TERM. This Agreement begins on the Effective Date and continues until the end of the Program Period, unless terminated earlier in accordance with this Agreement (the “Term”). This Agreement terminates automatically at the end of the Term.

2.2 SURVIVAL. Participant’s payment obligations and Sections 4, 5, 6, 7, 8, and 9, together with any other provision that by its nature should survive, will survive the expiration or termination of this Agreement.

2.3 TERMINATION FOR MATERIAL BREACH. Upon any material breach of this Agreement by Participant, the Company may immediately terminate Participant’s access to the Program without refund and pursue all available legal remedies, including injunctive relief and monetary damages.

3. PAYMENT

3.1 PROGRAM FEE. In exchange for participation in the Program, Participant will pay the Company a total program fee of USD $2,991 (the “Program Fee”), payable in three (3) installments of USD $997 each: the first upon execution of this Agreement and the remaining two on the same day of each of the following two (2) consecutive months. By enrolling in the Program, Participant is purchasing the entire Program and agrees to pay the entire Program Fee. Participant’s obligation to pay the Program Fee is incurred upon enrollment, subject only to any cancellation or refund right that cannot lawfully be waived. The installment schedule is provided solely as a convenience to allow Participant to pay the Program Fee over time and is not a month-to-month subscription or membership. All payments are nonrefundable except as expressly provided in Section 3.5.

3.2 LATE OR FAILED PAYMENTS. Participant will maintain a valid payment method while any portion of the Program Fee remains outstanding. If a scheduled payment fails, the Company may notify Participant and provide an opportunity to update Participant’s payment information. If any payment remains unpaid after the fifth (5th) business day following its due date, the Company may, in its discretion, assess a late fee equal to ten percent (10%) of the past-due amount. The Company may also suspend Participant’s access to the Services, or terminate Participant’s participation in the Program, until all outstanding amounts (including any late fees) are paid in full. Suspension or termination of Participant’s access does not, by itself, cancel the unpaid balance of the Program Fee. If any payment remains unpaid thirty (30) days after its due date, the Company will refer Participant’s account to a collections agency, and Participant will forfeit eligibility for any renewal or returning-participant pricing the Company may offer. Any future enrollment in the Program following such forfeiture will be at the Company’s then-current standard rate. To the extent permitted by applicable law, Participant will also be responsible for the reasonable costs the Company actually incurs in collecting amounts properly due under this Agreement, including reasonable attorneys’ fees and collection costs where recoverable by contract or law.

3.3 THIRD-PARTY FINANCING. If Participant finances the Program Fee through a third-party provider, Participant will be subject to that provider’s terms and conditions. The Company is not liable for any loss or damage to Participant arising out of or resulting from any act or omission of the third-party provider.

3.4 PAYMENT AUTHORIZATION AND CHARGEBACKS. To the extent Participant provides the Company with credit card or other payment information, Participant authorizes the Company to charge that payment method for each installment and all other amounts due under this Agreement on their due dates, without separate authorization for each charge. In addition:

(a) Cancelling, disputing, or reversing a charge, or cancelling or changing a payment method, does not relieve Participant of the obligation to pay all amounts owed under this Agreement. Participant remains fully responsible for all contracted payments regardless of payment method and for arranging another lawful method of payment for amounts that are properly due.

(b) Participant will not initiate any chargeback, payment dispute, or payment reversal with Participant’s bank or payment provider without first giving the Company written notice and making a good-faith effort to resolve the issue directly with the Company. Initiating a chargeback or dispute in violation of this Section 3.4(b) is a material breach of this Agreement.

(c) If a chargeback, dispute, or payment reversal is initiated, the Company may:

1. immediately suspend or terminate Participant’s access to the Program and any related materials or services; and
2. recover the disputed amount, together with any chargeback fees, administrative costs, and legal fees the Company incurs as a result.

(d) The Company maintains records of Services rendered and Program access delivered, and may use those records to contest any chargeback or dispute.

(e) Participant will keep Participant’s payment information current. If the payment method on file is lost, stolen, declined, or otherwise replaced, Participant will promptly provide updated payment information, and Participant authorizes the Company to rebill or continue billing using the updated information.

3.5 REFUND POLICY. Except as expressly stated in this Agreement or required by applicable law, all payments are non-refundable. In addition:

(a) Value Delivered at Enrollment. Participant acknowledges that a substantial portion of the value of the Program is delivered at or near the start of the Program, including (i) immediate access to the Program’s proprietary frameworks, curricula, tools, and materials upon enrollment; and (ii) the administrative, coaching-resource, and capacity commitments the Company makes upon enrollment, including reserving Participant’s place in the Program and allocating coaching and support resources to Participant for the full Program Period. This value is significant and non-recoverable regardless of Participant’s subsequent attendance, participation, or completion of the Program. Accordingly, the Program Fee (whether paid in full or in installments) is fully earned upon enrollment and is nonrefundable, except as and to the extent expressly required by applicable law.

(b) No Refund Events. Except where otherwise required by law, THE COMPANY WILL NOT REFUND THE PROGRAM FEE, and Participant remains responsible for any unpaid balance of the Program Fee, if Participant:

• stops attending or participating;
• fails to complete the weekly rhythm or other Program activities;
• stops accessing the Program platform or materials;
• decides the Program is no longer convenient;
• experiences a change in personal or business circumstances;
• does not obtain the results Participant hoped for or expected;
• disagrees with or decides not to implement Program recommendations;
• chooses to withdraw from the Program; or
• is removed from the Program for a material breach of this Agreement.

(c) Non-Waivable Rights. Nothing in this Agreement is intended to waive any cancellation, refund, or other right that applicable law does not permit Participant to waive.

4. PARTICIPANT ACKNOWLEDGMENTS

Participant acknowledges and agrees to the following:

4.1 PERSONAL EFFORT. The Program is an active coaching and educational experience, not a passive product. Participant understands that Participant’s success in the Program depends on Participant’s level of participation in the Services. To get the most out of the Program, Participant must implement the tools and strategies taught in the Program and make considerable efforts toward Participant’s own business development. Participation and effort do not, however, guarantee any particular result; completing the Program, following the curriculum, attending all sessions, or implementing any strategy discussed in the Program does not assure any particular business, financial, professional, or personal outcome. Participant is responsible for requesting support from the Company when needed.

4.2 DIVERSE COACHING TEAM. The Strength On Stages coaching team is a diverse group of coaches, most of whom are queer or people of color. Participant attests that Participant welcomes the opportunity to be coached, led, and directed by a diverse group of coaches.

4.3 COMMUNITY GUIDELINES. Participant has reviewed the Strength On Stages Community Guidelines (the “Community Guidelines”) and will abide by them while participating in or representing the Strength On Stages community. The Company may suspend or terminate Participant’s participation for conduct that, in the Company’s sole discretion, materially interferes with the Program or the rights of other participants, including:

• harassment, threats, or abusive conduct;
• unlawful discrimination;
• intentional disclosure of another participant’s confidential information;
• unauthorized distribution of Program Materials (as defined in Section 5.1);
• fraud or material misrepresentation;
• repeated material disruption of Program sessions; or
• other material violations of this Agreement.

Any such conduct is a material breach of this Agreement.

4.4 STAFFING DISCRETION. Participant will be coached by experts and advisors from the Strength On Stages coaching team and/or its guest partners. The Company will staff all sessions and coaching positions in its discretion and does not guarantee the participation or availability of any specific coach in any session or in the Program.

4.5 CANCELLATION; NO REFUNDS. Participant understands and acknowledges the Refund Policy in Section 3.5. Participant may withdraw from the Program at any time by written notice under Section 9.4, but withdrawal will not entitle Participant to a refund or relieve Participant of the obligation to pay the full Program Fee. Except as expressly provided in this Agreement or required by applicable law, the Company will not provide partial or full refunds for any reason.

4.6 COACHING IS NOT PROFESSIONAL ADVICE. The Program provides educational information and coaching. The Company, including its coaches and other staff, is not acting as Participant’s lawyer, accountant, tax adviser, financial adviser, investment adviser, therapist, or other licensed professional merely by providing the Program. Participant is responsible for obtaining appropriate professional advice concerning legal, tax, accounting, financial, regulatory, health, or other specialized matters affecting Participant or Participant’s business. Participant remains responsible for all business and professional decisions Participant makes.

4.7 NO GUARANTEES. The Company does not guarantee any outcome of the Services. Any comments or statements the Company may have made about the results of participating in the Program are expressions of general opinion only. The Company’s only commitment is to provide the Services in accordance with this Agreement. Results depend on factors outside the Company’s control, including Participant’s own participation.

4.8 TERMS AND CONDITIONS. Participant has read and agrees to the Company’s Terms and Conditions (the “Terms and Conditions”).

4.9 INDIVIDUAL PARTICIPATION. Enrollment in the Program is for one individual only. Access to the Program, including all coaching sessions, community spaces, events, and materials, is nontransferable and may not be shared, delegated, or extended to any other person, including business partners, employees, contractors, or family members. Attendance by non-enrolled individuals is prohibited without the Company’s prior written consent. Any violation of this Section 4.9 is a material breach of this Agreement.

4.10 BUSINESS AND PROFESSIONAL PURPOSES. The Program is designed primarily for entrepreneurs, business owners, professionals, and others seeking training in connection with their business or professional activities. By enrolling, Participant represents that Participant is purchasing the Program primarily for business or professional development purposes. If that is not accurate and Participant is purchasing the Program primarily for personal, family, or household purposes, Participant should notify the Company before accepting this Agreement so that any consumer rights applicable to the purchase can be appropriately addressed. Nothing in this provision waives rights that cannot lawfully be waived or determines Participant’s legal status under applicable law where the law provides otherwise.

4.11 CONFIDENTIALITY OF AND RESPECT FOR OTHER PARTICIPANTS. Group participation can involve candid discussions about businesses, finances, professional challenges, strategies, and personal experiences. Participant will respect the privacy of other participants and will not intentionally disclose another participant’s confidential or non-public business or personal information outside the Program without that participant’s permission. Participant may discuss Participant’s own experience and the general skills or concepts Participant learns, but will not identify another participant or disclose that participant’s confidential information. The Company cannot guarantee that other participants will comply with these obligations, and Participant should use reasonable judgment about the information Participant chooses to share in a group setting.

4.11 PARTICIPANT MATERIALS AND COOPERATION. Certain Services require Participant’s timely participation and input. Participant will provide the information, completed assignments, and other materials the Company reasonably requests (the “Participant Materials”) in accordance with the weekly implementation rhythm described in Exhibit A. The Company’s obligation to provide certain Services is conditioned on its timely receipt of the Participant Materials needed for those Services. If Participant does not provide the requested Participant Materials within three (3) business days after a reminder, the Company may treat its obligation to provide that Service as fully satisfied. The Company will not be in breach of this Agreement, will have no obligation to provide the Service later or after the Program ends, and Participant will not be entitled to any refund, credit, or reduction of the Program Fee.

5. PROGRAM MATERIALS AND LIMITED LICENSE

5.1 OWNERSHIP. The Company and its licensors retain all ownership rights in the Program and its materials, including the Story Selling Accelerator Operating System and all videos, recordings, presentations, workbooks, worksheets, frameworks, templates, exercises, written materials, graphics, methodologies, and other content (the “Program Materials”).

5.2 LICENSE. During the Term, the Company grants Participant a limited, personal, non-exclusive, nontransferable license to use the Program Materials for Participant’s own business and professional development. This license terminates automatically upon the expiration or earlier termination of this Agreement.

5.3 RESTRICTIONS. Participant may use what Participant learns in operating Participant’s own business. However, without the Company’s prior written permission, Participant will not:

1. reproduce or distribute Program Materials;
2. share Participant’s login or Program access;
3. sell, sublicense, or commercially distribute Program Materials;
4. use Program Materials to create or operate a competing training or coaching program;
5. post Program recordings or materials publicly;
6. record sessions in which other participants are present; or
7. remove copyright, trademark, or other proprietary notices.

5.4 SURVIVAL; BREACH. Participant’s obligations under Section 5.3 continue after the Program ends. Any violation of this Section 5 is a material breach of this Agreement.

6. ARTIFICIAL INTELLIGENCE (AI) USE RESTRICTIONS

6.1 COMPANY MATERIALS. Participant acknowledges that the Program Materials and the Company’s other proprietary content, including its curriculum, coaching frameworks, business strategies, training models, materials, and community interactions (collectively, the “Company Materials”), are proprietary to the Company and constitute Confidential Information (as defined in Section 7.1).

6.2 RESTRICTIONS. To protect the Company’s intellectual property and the integrity of the Program, Participant will not input, upload, share, or otherwise expose any Company Materials or other Confidential Information to any artificial intelligence (“AI”) system, platform, model, or tool, including ChatGPT, Claude, Gemini, Copilot, Midjourney, or any other generative AI technology, without the Company’s prior express written consent. Without limiting the foregoing, Participant will not:

1. Submit Company Materials to AI Systems – by uploading, copying, or pasting any written, visual, or audio content from the Program into an AI tool for analysis, synthesis, rewriting, repurposing, training, ideation, or any other use;
2. Train AI Models Using Company Materials – by including any Company information, materials, curriculum, frameworks, strategies, or proprietary processes in datasets or training material for machine learning or generative AI tools;
3. Create AI-Generated Derivative Works – by using AI to create content, tools, coaching programs, business offerings, or educational materials that incorporate or are based on the Company’s proprietary or confidential information; or
4. Use AI Tools to Reproduce or Compete – by using AI to replicate, simulate, adapt, or modify Company Materials in a manner that directly or indirectly competes with the Company’s offerings or creates confusion about the origin or authorship of the materials.

6.3 BREACH. Any violation of this Section 6 is a material breach of this Agreement. Upon any such breach, the Company may immediately terminate Participant’s access to the Program without refund and pursue all available legal remedies, including injunctive relief and monetary damages. Participant will notify the Company immediately upon becoming aware of any actual or potential unauthorized use of Company Materials in connection with AI tools and will fully cooperate with the Company in investigating and remedying that use.

7. CONFIDENTIALITY AND NON-DISCLOSURE

7.1 CONFIDENTIAL INFORMATION. Participant will have access to the Company’s confidential information, including copyrighted material, training models and methods, the Company Materials, and other intellectual property (“Confidential Information”). Participant acknowledges that:

1. the Company has invested, and continues to invest, substantial time, expense, and specialized knowledge in developing its Confidential Information;
2. the Confidential Information gives the Company a competitive advantage in the marketplace; and
3. the Company would be irreparably harmed if the Confidential Information were disclosed to competitors or made available to the public.

7.2 NON-DISCLOSURE. Participant will not disclose, or allow to be disclosed, any Confidential Information to any third party, and will not use any Confidential Information for commercial or proprietary advantage or profit without the Company’s prior written consent. Participant’s obligations under this Section 7 survive termination of this Agreement.

7.3 REQUIRED DISCLOSURES. Nothing in this Agreement prevents Participant from disclosing Confidential Information when ordered to do so by any authority with legal jurisdiction over Participant, or in response to a subpoena, interrogatory, or other discovery request. Unless prohibited by law, Participant will give the Company prompt written notice of any such request.

8. LIMITATION OF LIABILITY; PHOTO AND VIDEO RELEASE

8.1 LIMITATION OF LIABILITY. To the fullest extent permitted by applicable law, neither party will be liable to the other for consequential, incidental, special, exemplary, or punitive damages arising from this Agreement, including lost profits or lost business opportunities, except to the extent such damages cannot lawfully be excluded. To the fullest extent permitted by law, the Company’s aggregate liability arising out of the Program or this Agreement will not exceed the amount of the Program Fee actually paid by Participant. These limitations do not apply to liability that applicable law does not permit the parties to limit.

8.2 NO WARRANTIES. Except for the express commitments in this Agreement, the Program and Program Materials are provided on an “as available” basis to the fullest extent permitted by applicable law. The Company does not warrant that the Program will meet every participant’s individual expectations or that participation will produce any particular result. Nothing in this Section 8.2 limits an express contractual obligation of the Company or excludes a warranty or remedy that applicable law does not permit the Company to exclude.

8.3 PHOTO AND VIDEO RELEASE. Portions of the Program may be recorded in video and audio and/or captured in still or digital photographs by the Company. Participant agrees that the Company and its assigns may use these recordings and photographs for any purpose, in perpetuity, without further compensation, permission, or notice to Participant.

8.4 RECORDING OF SESSIONS. Participant acknowledges that all live Program sessions, including audio, video, screen content, and chat, are recorded by the Company. By attending any live session, Participant consents to being recorded and agrees that recordings may be stored and made available to Program participants as replays and used as described in Section 8.3. Participant will ensure that no other person who has not agreed to be recorded participates in or is audible during any session from Participant’s location.

9. GENERAL PROVISIONS

9.1 TERMS AND CONDITIONS. The Terms and Conditions referenced in Section 4.8 apply to the extent they concern the Program or Participant’s general interactions with the Company. The Company may amend the Terms and Conditions from time to time, and amendments are effective when published on the Company’s website. If the Terms and Conditions conflict with this Agreement concerning the Program, the Program Fee, installment obligations, cancellation, refunds, the Services, or any other matter, this Agreement controls.

9.2 AMENDMENT. Except as otherwise provided in this Agreement (including Sections 1.8 and 9.1), no amendment or modification of this Agreement is valid unless in writing and signed by both parties.

9.3 FORCE MAJEURE. The Company is not liable for any cost, loss, or damage resulting from any delay or failure to perform under this Agreement caused by events beyond its reasonable control, including acts of God, governmental action, war, invasion, natural disaster, outbreak or pandemic, or widespread wireless communication, internet, or power failure (each, a “Force Majeure Event”).

9.4 NOTICES. All notices under this Agreement must be in writing and are effective when sent by email to the following addresses:
(a) If to the Company – legal@bwaycollective.com; and
(b) If to Participant – the email address Participant provides on the signature page or, if none, the email address Participant provided upon enrollment in the Program.

9.5 GOVERNING LAW AND VENUE. This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement must be brought exclusively in a state or federal court located in Boston, Massachusetts. The parties consent to the jurisdiction of those courts, and of the appropriate appellate courts, in any such action and waive any objection based on forum non conveniens.

9.6 SEVERABILITY. If any provision of this Agreement, or any portion of a provision, is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.

9.7 ATTORNEYS’ FEES. In any action at law or in equity to enforce this Agreement or the rights of either party, the prevailing party is entitled to recover its reasonable attorneys’ fees and all other reasonable costs and expenses incurred in the action.

9.8 ENTIRE AGREEMENT. This Agreement, including Exhibit A and the documents incorporated by reference (including the Terms and Conditions and the Community Guidelines), constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, understandings, and representations, which are of no further force or effect.

ROBERT HARTWELL
CEO + EXECUTIVE PRODUCER
The Broadway Dance Collective, Inc., dba Strength On Stages

 

Exhibit A: Program Description

This Exhibit A describes the Services the Company will provide during the Program Period. The Services are subject to change by the Company in accordance with Section 1.8 (Program Adjustments) of the Agreement, provided that those changes do not materially reduce the overall Services described in this Exhibit A.

A.1 WEEKLY VIDEO LESSONS. Each week of the Program Period, the Company will release a short pre-recorded video lesson that introduces that week’s story theme and storytelling framework. Lessons are generally released on Mondays.

A.2 WEEKLY STORY SELLING RHYTHM. The Program is built around a weekly implementation rhythm that Participant completes using each week’s lesson. Participant should plan to dedicate approximately two (2) hours per week to writing a story, sharing it with Participant’s audience, and following up with the people who respond. The rhythm is designed as follows:

• Monday – Write: Review the week’s video lesson and write a story using that week’s theme and framework.
• Tuesday – Share 1: Publish the story on Participant’s primary social media platform.
• Wednesday – Share 2: Share the story with Participant’s email list.
• Thursday – Connect: Follow up with the people who responded to the story.
• Friday – Celebrate: Review the conversations, conversions, and cash that came from sharing the story.

The activities above are Participant’s responsibility. The Company’s role is to provide the lessons, frameworks, and coaching support described in this Exhibit A to help Participant implement the rhythm.

A.3 LIVE COACHING SESSIONS. To support Participant in implementing the weekly rhythm, the Company will host two (2) live virtual coaching sessions each month during the Program Period:

1. Story Selling Habit Session. One session each month focuses on installing the habit of Story Selling and helping Participant stay consistent with the weekly rhythm.
2. Unstoppable Story Selling Session. One session each month focuses on refining how Participant tells stories so they clearly communicate the transformation Participant provides.

Live sessions are recorded and made available as described in Section 1.3 of the Agreement.