Membership and Training Agreement (Terms and Conditions)THIS MEMBERSHIP AND TRAINING AGREEMENT (“Agreement”) is hereby made by and between Investors United Real Estate School, Ltd. (“IU”) and the undersigned “Member” WHEREAS, IU is engaged in the business of real estate investment education and has developed extensive proprietary, unique, and exclusive methods and materials for real estate investing including, but not limited to real estate investment prospecting, real estate investment negotiation, real estate investment contracts, real estate funding methods, real estate auctions, real estate management, mortgage notes, tax sale investment strategies, Hybrid Agreements, $100,000 Formula, Control & Roll®, Freehabbing®, and other real estate investment strategies (“Trade Secrets”); AND WHEREAS Member desires to obtain the Services of IU (as defined herein) so as to learn the knowledge taught by IU. NOW THEREFORE, in consideration of the mutual representations, promises, and agreements herein, and in consideration of the consultation, proprietary materials, and good and valuable consideration received by Member as of the time of this Agreement, the Parties agree:
1. Tuition. Tuition for the Services of IU is as follows and is due and payable on the date of this Agreement or as the parties may arrange as set forth herein. The Premier Plus 1-on-1 Training Program is $6,988 (or $1,000 down and $499/month until paid). The Premier Training Program is $3,588 (or $600 down and $299/month for 12 months for a total of $4,188). Member authorizes IU to charge any credit cards on file to cover Tuition, Membership Dues, or delinquent amounts due and owing.
2. Services. It is anticipated that the Services will further the real estate investment endeavors of Member, but IU does not guarantee Member’s financial success. Upon timely payment as described above, IU, at its sole and absolute discretion, will provide the following services (“Services”) to Member for a period beginning on today’s date and continuing for twelve (12) months (the “Term”): (a) Consultation with instructors via scheduled Mastermind Workshops, and in the case of Premiere 1-on-1 Training, one-on-one consulting by appointment and with such frequency as reasonably determined by IU in its sole and absolute discretion. Premier Training members may purchase one-on-one consulting through IU’s member portal. (b) Access to IU’s online courses, live online consulting, forms library, and real estate software (up to 10,000 records per month). (c) Access to the IU campus and campus benefits including live classes, field trips, conference room, wireless Internet, and real estate library during its normal business hours as posted on its online member portal. Member authorizes IU to charge Member for the reasonable cost for any library item that Member fails to return within 30 days of sign-out, up to Two Hundred and Fifty Dollars ($250) as determined by IU in its sole and absolute discretion. (d) Such other benefits that may arise from time to time, including but not limited to discounted access to seminars and materials.
3. Member Responsibilities. During the Term of this Agreement, Member agrees that it will: (a) abide by the terms and conditions of this Agreement and pay all fees to IU in a timely manner; (b) reasonably cooperate with IU to facilitate delivery of the Services, understanding that online interaction comes with occasional connectivity and technical issues; (c) provide IU with clear, concise, and regular feedback on its real estate investing efforts so that IU may effectively perform the Services; (d) and conduct itself morally and ethically at all times, avoid conflicts of interest, and comply with all applicable laws and ordinances in accordance with the Core Values of IU stated on its Web site.
4. 30 Day Money-Back Guarantee; Cancellation. IU reserves the right to terminate this Agreement or to withhold any or all Services if any fees hereunder are not paid by Member as agreed or in the event of a default under this Agreement by Member, including account sharing or other abuse of the Services as determined by IU in its sole and absolute discretion. If Member is not completely satisfied with the Services of IU, Member may cancel this Agreement by notifying IU by certified mail, return receipt requested, at 6721 Harford Rd., Baltimore, MD 21234 postmarked at any time within thirty (30) days, and IU will refund all monies received from Member, less an Accounting and Administrative Fee of Three Hundred Dollars ($300). After 30 days, all Tuition and Membership Dues are non-refundable.
5. Continuing Membership. Upon completion of the Term, membership will automatically continue and Member will have continued access to the Services of IU for monthly Membership Dues of Fifty Nine Dollars ($59) per month (or Forty Nine Dollars ($49) if Member chooses to pay advance for the year). Member may cancel this Agreement at any time after the 12 month Term by notifying IU in writing; notwithstanding, Sections 6, 7, and 8 of this Agreement will remain in effect.
6. Confidentiality and Non-Disclosure of Intellectual Property. Member acknowledges that IU has developed certain proprietary methods and materials that are Trade Secrets which include but are not limited to any and all printed, photographic, digital, video, and other materials in any form or format included in the Services (“Intellectual Property”). Member will be exposed to IU’s Intellectual Property for its sole use, and agrees to keep all Intellectual Property confidential and not to reveal or distribute it in whole or in part, in any way, shape, or form for any reason or purpose whatsoever to any third party. Member agrees not to share its account information or to allow account access to any 3rd party, or to download or otherwise screen capture any video of IU. All Intellectual Property will remain the property of IU during and after the Term of this Agreement.
7. Non-Compete. Member, whether acting on its own behalf or as an employee, agent, independent contractor, or otherwise on behalf of any person or entity, agrees not to directly or indirectly compete with IU in the business of real estate consulting or real estate education during and for thirty six (36) months following the Term of this Agreement, (or termination or any renewal thereof), or within one hundred and fifty (150) miles of any IU office, subsidiary, affiliate, or related entity, or online via the Internet.
8. Indemnification. (a) Should Member fail to make any payment by the due date as agreed herein, IU may in its sole and absolute discretion demand the full balance of the Tuition immediately due and payable, and declare any discounts or incentives offered to Member void and immediately due and payable, plus any attorneys’ fees, court costs, and costs of collection. (b) To avoid controversy regarding damages to IU arising out of violations by Member of Sections 6 and 7 herein, Member agrees to pay to IU the greater of one thousand five hundred dollars ($1,500) per week or the actual amount of damages to IU for any such violations beginning on the date of such violation and ending when such violation ceases. IU will be entitled to recover any and all attorney fees, court costs, and costs of collection related to such violation, plus punitive and other damages from Member in the highest amount possible and allowed by law. (c) Member will hold harmless, release, indemnify, and defend IU, including its officers, employees, contractors, agents, representatives, affiliates, and associated entities (collectively, “Indemnified Persons”), from and against any and all claims, liabilities, losses, damages, and expenses as incurred (including reasonable attorney fees, court costs, and costs of collection) (collectively “Losses”), relating to or arising out of the Services or any transaction or matter that is related to the subject matter of Services provided as a result of this Agreement. No Indemnified Person shall have any liability, whether direct or indirect, in contract, tort, or otherwise, to Member or any person claiming through Member, for any Losses relating to or arising out of the Services, bug or technical issues in the providing of the Services, transaction or matter which is related to the subject matter of Services, or compromise of any personal data by any affiliate, vendor, 3rd party, or disgruntled employee of IU. (d) Member understands and accepts that the Services of IU may not be applicable and may be only partially deliverable outside the USA.
9. Governing Law. This Agreement and the rights of the Parties will be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflicts of laws principles. The Parties expressly consent to the personal jurisdiction of the state and federal courts located in the State of Maryland for any lawsuit filed there in connection with this Agreement or for any matter arising from or related to this Agreement. THE PARTIES HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER ARISING OUT OF THIS AGREEMENT. The parties to this Agreement expressly authorize and direct any court of competent jurisdiction to modify any and all provisions of this Agreement that are determined by such court to be invalid, unenforceable, or too broad as drafted, and to enforce this Agreement as so modified.
10. Entire Agreement; Assignment; Survival. (a) This Agreement and the ratified Confessed Judgment Note (if any) contains the entire agreement between the Parties; no representations, warranties, provisions, agreements, or understandings, written or oral, not herein contained will be of force or affect. (b) The provisions of this Agreement may not be assigned, waived, amended, modified or repealed, in whole or in part, without the written and signed consent of all of the parties hereto. No waiver of any breach of any term of this Agreement shall be effective unless such waiver is made in writing and signed by the party having the right to enforce such breach, and no waiver by any party of a breach or violation of any provision of this Agreement will operate as or be construed to be a waiver of any subsequent breach hereof. (c) Sections 6, 7, and 8 of this Agreement will survive completion of the Term, any renewal thereof, or any termination of this Agreement, regardless of the reason of such termination.
11. Miscellaneous. (a) Member does hereby opt-in and agree to accept e-mail communications from IU. (b) Without limitation, Member grants IU permission to use its name and likeness for promotional purposes. (c) IU is not a post-secondary career school offering licensure or certification as defined by the United States Department of Education, nor a franchisor, a real estate brokerage, a seller of stocks, bonds, securities, or notes, nor engaged in rendering legal or accounting advice. Courses and consultation offered by IU are for instructional purposes only, and contracts offered by IU are samples only; the courses, consultation, and contracts are subject to change at IU’s sole and absolute discretion. Member should seek the advice of a competent real estate attorney prior to engaging in any real estate investment transaction.
IN WITNESS WHEREOF, the parties hereto cause this Agreement to be duly executed on the date of purchase (Date of Invoice).