Next Level Terms & Conditions

TERMS AND CONDITIONS OF PURCHASE OF JAMES WEDMORE’S BBD: NEXT LEVEL 2024

INTRODUCTION.  This agreement sets forth the terms and conditions of purchase of the Program known as James Wedmore’s BBD: Next Level (the “Program”) from Level Five Publishing (the “Company”). In these terms and conditions, “We/us/our/(d/b/a)” means the Company. “You/your” means you as a Program participant or user of Program Content. By participating in the Program or using Program Content, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Program and discontinue use of the Program Content immediately.

THE PROGRAM. The Program includes:
i. Two Live Events (“Events”): Two Events to be held during the term of the Program.   The purpose of the events is to bring a community of attendees together to learn about bringing greatness into all aspects of their lives and business. The dates and times of the Events will be announced well in advance of the Events. (See below on refund policy and ticket transfers). Two Virtual Events or Workshops are also included.  

ii. Program Content: Including digital and printed .pdf documents, websites, video and audio content, and

 iii. Live Coaching Calls: One (1) group call with James Wedmore, one (1) group call with a coach, one (1) group call with a copy coach, and one (1) group call with a Facebook Ad Coach each month.

iiii. In the months without in-person or virtual events (8 total), a Next Level Coach will host a Content Call in addition to their standard monthly calls. 

FEES AND PAYMENT POLICY.  For Business by Design: Next Level the Program Fee to pay in full is Eleven Thousand, Nine Hundred Ninety-Seven Dollars ($11,997.00) or a payment plan of Thirteen Thousand, Nine Hundred Sixty-Seven ($13,967) in the format of $500 + $611 for the first month, and 11x monthly payments $1,111.
Program Fees must be paid in advance of beginning the Program, unless a Payment Plan is agreed to in advance. By purchasing the Program, you understand that you are making a twelve-month commitment to the Program and you agree to complete your Payment Plan, without exception. No full or partial refunds will be considered or given. Failure to meet Payment obligations will result in the suspension OR termination of the Program and your use of Program Content. 

EARNINGS DISCLAIMER.  When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we've taken every effort to ensure that we actually represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our site is a promise or guarantee to you of future earnings.

WARRANTY DISCLAIMER.  YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK. By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including but not necessarily limited to your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

CONSTRUCTION.  This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company including any set forth in this Agreement are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

BINDING EFFECT.  This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

DAMAGE WAIVER.  Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such a party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the Program during the term of the Program.

INTELLECTUAL PROPERTY. All materials and coaching provided to you as part of the Product or Program Content which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published, distributed or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of the Program or Program Content under this Agreement are protected by US and International copyright and intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Program Content subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of James Wedmore and Level Five Publishing, LLC.

AUTHORIZATION AND RELEASE.  You hereby grant to the Company and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of the company (collectively the foregoing are referred to as “Producers”): the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the following (the “Performance and/or Testimonial”):

i. my name, voice, biographical information, and likeness in all forms and in all media and in all manners (“Personal Information”),

ii. any still or moving photographic image, silhouette, video, or sound recording of me (the “Performance”), and

iii. any statement or endorsement (including any letter or photograph), or any portions thereof (the “Testimonial”), made by me regarding or related to the Products,

in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as they shall determine in their sole discretion without further compensation or consideration to me and without further authorization by me without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of my Likeness made in any medium) in connection with the promotion of the Company’s business, products, and/or services. I disclaim any interest in the Performance and/or testimonial and further acknowledge that they shall constitute the sole property of the Company (or its successors or assigns as the case may be).

You also affirm that any statements or endorsement made by me in the Performance and/or Testimonial are factually accurate and represent my honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval with regard to any recording, taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication and/or other use of my name, whether in an intermediary version(s) or finished version(s), the Personal Information, the Performance, and the Testimonial. You also hereby release, discharge and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of my Personal Information, the Performance, and the Testimonial. You agree that my use of the Service is voluntary, and I assume complete responsibility for my actions in connection therewith.

You hereby warrant that You are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on me, my legal representatives, my heirs, and my assigns. You have read this release and affidavit before affixing my signature below, and warrant that You fully understand the contents thereof.

WAIVER.  The waiver by any party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

SEVERABILITY.  If any provision of this Agreement or any portion thereof is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

INDEMNITY.  You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harms, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representation and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.

VOIDABILITY.  This Agreement cannot be voided by not accessing or using the Program or Program Content. These actions will not void your Agreement or permit you the right to a refund.

NON-DISPARAGEMENT.  You agree not to engage in any conduct or communications with a third party, public or private, designed to disparage the Company or the Program. You will not directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

INDEPENDENT CONTRACTOR STATUS. Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

ASSIGNMENT.  You may not assign this Agreement without express written consent of the Company.

TERMINATION.  The Company is committed to providing you with a positive program experience. By purchasing the Program, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments if you become disruptive to the Company or other Program participants, You fail to follow the Program guidelines, are difficult to work with, impair the participation of the other participants in the Program or upon violation of the terms and rules of conduct as determined by the Company. You will still be liable to pay the total purchase amount.

RESOLUTION OF DISPUTES.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.  If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against the Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances, you are responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF.  In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICE.  Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected]. This Agreement shall be binding upon and ensure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

ENTIRE AGREEMENT. This Agreement represents the entire understanding relating to the Program purchased, and any and all prior agreements, understandings, and representations, whether expressed or implied, written or oral, regarding the Product are of no further force and effect. In order to participate in certain aspects of the Program, you may be required to agree to additional terms and conditions as the Program is revised over time. You may receive a copy of this Agreement at any time by emailing [email protected] and requesting a copy of your “Terms and Conditions of Purchase”. 

JAMES WEDMORE & LEVEL FIVE PUBLISHING, LLC