THE ADDICTED MIND PLUS
TERMS OF SERVICE & PROGRAM PARTICIPATION AGREEMENT
Company: The Addicted Mind Plus (DBA)
Contact: Duane Osterlind (Duane@theaddictedmind.com)
This Participation Agreement (the “Agreement”) is made between The Addicted Mind Plus (“The Addicted Mind Plus,” “The Company,” or “TAM+”), and Participant (“Participant” or “You”).
By registering for any Program or Service offered by The Addicted Mind Plus, you acknowledge and agree to the following terms and conditions:
I. PROGRAM OFFERINGS AND FEES
Available Programs and Services:
A. TAM+ Community Membership
- Access to the TAM+ online community platform
- Educational resources and peer support
- One-time payment as agreed upon at time of enrollment
B. 10-Week Shame to Resilience Workshop
- Structured 10-week educational workshop program
- Live group sessions and curriculum materials
- One-time payment as agreed upon at time of enrollment
C. Ongoing Coach and Peer Support Group
- Monthly subscription-based coaching and peer support
- Continuous access to group coaching sessions
- Monthly recurring payment as agreed upon at time of enrollment
Payment Terms:
- Payment Amount: You agree to pay The Addicted Mind Plus the program fee as indicated and agreed upon during your enrollment process for your selected program(s).
- One-Time Programs: For the TAM+ Community Membership and 10-Week Shame to Resilience Workshop, payment is due in full at the time of enrollment.
- Subscription Services: For the Ongoing Coach and Peer Support Group, you agree to monthly recurring payments that will continue until you provide written notice of cancellation.
- Cancellation Notice: For subscription services, you must provide one (1) month written notice to withdraw from the program. Notice must be sent to Duane@theaddictedmind.com.
- No-Refund Policy: All program fees are non-refundable. By agreeing to this Agreement, you acknowledge and accept that no refunds will be provided under any circumstances.
Financial Responsibility:
You represent and warrant that payment of program fees will not place a significant financial burden on you or your family.
II. PROGRAM ACCESS AND TERMINATION
Company’s Right to Terminate:
The Company reserves the right in its sole discretion to refuse or terminate your access to any Program and Content, in full or in part, at any time without notice. The Company may terminate your participation at any time, without refund, if you breach any part of this Agreement.
Termination for Non-Payment:
- For subscription services, The Addicted Mind Plus may terminate your participation if you fail to make any monthly payment within fourteen (14) calendar days from the due date.
- Upon termination for any reason, you will no longer have access to program materials, which are only available to active participants.
Effect of Termination:
Upon termination of your participation, whether by your choice or at the determination of The Addicted Mind Plus, you will not receive a refund for any payments previously made, but all future payments will be stopped immediately upon proper termination.
III. REGISTRATION AND COMMUNICATIONS
Permission for Communications:
You grant permission to The Addicted Mind Plus to send you administrative and marketing emails. You may unsubscribe from marketing communications at any time, but administrative communications related to your active programs will continue.
Individual Access:
- Program access is exclusively reserved for registered participants
- An individual plan must be purchased for each participant
- You may not share access credentials with others
IV. PARTICIPATION REQUIREMENTS AND ELIGIBILITY
Age and Gender Requirements:
Live participation in group programs is limited to men ages 18 and older to maintain a safe and supportive environment. If you do not meet these criteria but wish to access program materials, please contact Duane@theaddictedmind.com to explore alternative solutions.
Privacy and Location Requirements:
You agree to protect everyone’s privacy by participating from a private location where you can be seen and heard without interference from others during live sessions.
V. CODE OF CONDUCT AND CONFIDENTIALITY
Participant Conduct:
- Your participation is voluntary and you agree that any action or inaction you take as a result of the information or coaching provided is your responsibility
- Be respectful and courteous to other participants and program facilitators
- You understand that your participation impacts other program participants
- Do not engage in conduct that is detrimental to other program participants or The Addicted Mind Plus
- Comply with all laws, regulations, and rules
Confidentiality Obligations:
- Participant Information: You commit to maintaining the confidentiality of all personal information shared by other workshop participants
- Program Materials: You agree to hold in strictest confidence all program methods, materials, and content
- Mutual Respect: You agree to respect other participants’ privacy rights by holding what they share as strictly confidential
“Pitch-Free Zone”:
The Addicted Mind Plus Programs are “pitch-free zones.” You agree not to pitch, promote, market, or sell any other products, groups, programs, or events to Program members.
VI. INTELLECTUAL PROPERTY AND NON-DISCLOSURE
Company’s Intellectual Property:
The Addicted Mind Plus is and shall be the sole and exclusive owner of all rights, titles, and interest in and to all program intellectual property, including but not limited to:
- All program methods and materials in any format
- Videos, worksheets, curriculum, and educational content
- Live and recorded meetings and sessions
- Program concepts, designs, and methodologies
Limited License:
You are granted a revocable, non-transferable license for personal, non-commercial use only. You may not:
- Share any part of programs (including videos, worksheets, and live or recorded meetings) without express written consent
- Give away, sell, post, or otherwise distribute the curriculum, tools, and techniques
- Copy, modify, make derivative works of, use, sell, lease, rent, or distribute program materials
Unauthorized Use:
Any unauthorized use constitutes copyright infringement. You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of unauthorized use, or a minimum of five thousand dollars ($5,000.00), whichever is greater.
VII. DISCLAIMER OF SERVICES AND PROFESSIONAL RELATIONSHIP
Nature of Services:
- The services provided constitute “life coaching” and educational programming with no guarantees of any kind
- Any information provided shall only be construed as coaching and educational content, not as licensed mental health services
- Programs help participants identify and reach life goals but do not address mental health issues such as depression or anxiety
Professional Relationship Disclaimer:
Although some staff may hold professional licenses, your participation does not establish a therapist-patient or similar professional relationship. Company staff are not acting within the scope of any professional license for services rendered.
Medical Disclaimer:
- The Addicted Mind Plus is not comprised of licensed medical or psychological professionals for purposes of these programs
- Information is for educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or addiction
- Information is not intended as medical advice or as a substitute for professional counseling
- You should consult with qualified healthcare professionals for medical or mental health concerns
VIII. MANDATORY REPORTING
Workshop leaders and staff are mandatory reporters who must comply with federal, state, and/or local laws requiring the reporting of:
- Current, ongoing illegal activity (including but not limited to sexual abuse, child abuse, rape, murder, and accessing child pornography)
- Imminent threats of harm to self or others
Disclosure of such information may result in reports to appropriate authorities. Before disclosing potentially illegal activity, please consult an attorney to understand your legal exposure.
IX. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
Voluntary Participation:
You are voluntarily participating and assume all risk of injury, illness, damage, or loss that might result from your participation.
Personal Responsibility:
- You understand that you are solely responsible for your physical, mental, emotional, financial, and legal well-being
- You agree to seek professional guidance for medical or mental health matters independent of the coaching relationship
- If you experience a need for outside resources from qualified professionals, you will seek them out and communicate with program staff about it
Release and Hold Harmless:
You release and hold harmless The Addicted Mind Plus, its employees, agents, and affiliates from any claims arising out of your participation in the programs.
X. PRIVACY AND INFORMATION DISCLOSURE
Company’s Commitment:
The Company agrees to keep all information about you confidential except when disclosure is required by law or when you threaten or present a danger to harm yourself or others.
Online Participation:
- When joining online sessions, you can choose how your name is displayed
- Your posts in online forums may remain visible even after you discontinue the program
- You are responsible for your username and password security
Limitations:
The Company cannot guarantee other members will maintain confidentiality of your information, and you participate at your own risk.
XI. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADDICTED MIND PLUS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROGRAMS AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
IN NO EVENT SHALL THE ADDICTED MIND PLUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
XII. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the internal substantive laws of the State of California. The parties consent to the jurisdiction of the State of California.
Agreement to Arbitrate:
Any disputes will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, conducted in Long Beach, California.
Class Action Waiver:
You agree that claims may only be brought on an individual basis and not as part of any class or representative action.
XIII. MISCELLANEOUS PROVISIONS
Amendments:
The Company may modify these terms at any time. Modifications will be posted on the Company’s website and members will be notified via email.
Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and writings.
Contact Information:
Please direct all questions, concerns, and requests to Duane@theaddictedmind.com.
By enrolling in any The Addicted Mind Plus program or service, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these terms, do not purchase or use any Program or Service.
THE ADDICTED MIND PLUS – COPYRIGHT © 2024