DESIGN BUSINESS FOUNDATIONS PROGRAM & FOUNDATIONS BLACK FRIDAY BUNDLE
PROGRAM TERMS & CONDITIONS

This Agreement is between You, the (“Student”), and Dakota Design Company, LLC (“Company”) (collectively the “Parties,” or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s online program (the “Program”) with six (6) weeks of structured Office Hours support (“Support”). This Agreement shall become effective upon the date of Student completing the checkout process.

1. Scope of Online Program

As part of the online Program and Support, Company shall provide the following to Student:

Access to the Program and All Future Updates for the Life of the Program
Professionally Developed Curriculum
Weekly Lessons
A Curated Library of Resources, Templates, & Tools
Six Weeks of Weekly Office Hours Support (via form submission)
The Following Templates & Trainings are Included in the Black Friday Bundle:
- Pricing & Proposals Workshop
- Full Service Contract Template
- Full Service Investment Guide Template
- Full Service Welcome Guide Template
- Residential Size & Standards Guide

2. Program Terms

The Program and course materials will be available starting immediately upon checkout (“Program Start Date”). For the purposes of defining refund and guarantee timelines, the “Program Completion Date” shall be defined as six (6) weeks after the Program Start Date.

Student will have access to the Online Program materials for the life of the program. Lifetime access means Student will retain ongoing access to the most current version of the Program materials for as long as the Program exists within the Company’s platform.

Student shall only have one license to access the Program and use Program materials. Student understands and agrees that the Program materials may not be shared with any third party. In the event Company suspects that the Program is being shared or that Student has shared its log-in information with a third party, Company reserves the right to immediately terminate Student’s access to the Program in its sole discretion and invoice the Student for additional licenses.

3. Fees

In consideration for access to the Program provided by Company, Student agrees to compensate Company as agreed upon at checkout.

Any additional services, email support, or time beyond the scope of the Program are not included.

4. Refund Policy

Because you receive immediate access to the Design Business Foundations materials—including proprietary templates, guides, and training videos—all sales are final and non-refundable.

Dakota Design Company, LLC does not offer refunds, partial refunds, or credits under any circumstance, including non-participation or change of mind. Once access is granted, all payments are owed in full.

5. Personal Information

By participating in the Program, Student will be asked to register with the Program hosting platform to receive access to Program materials. Student shall select a username and password and may be asked to provide further personal information. Student agrees to allow Company access to this personal information for all lawful purposes. Student is responsible for the accuracy of the identifying information, maintaining the safety and security of its identifying information, and updating Company on any changes to its identifying information.

The billing information provided to Company by Student will be kept secure and is subject to the same confidentiality and accuracy requirements as Student’s identifying information indicated above. Providing false or inaccurate information, or using the Program for fraud or unlawful activity, is grounds for immediate termination from the Program.

6. Student Contributions

Through Student’s participation in the Program, Student may share materials or submit emails via the Office Hours question form (“Student Contributions”) during Office Hours support. Student grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

7. Bonuses

Company may offer bonuses to incoming students via marketing and advertising. Bonuses are not guaranteed to be available for the entire lifespan of the Program and vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions at its sole discretion.

8. Copyright & Intellectual Property

All Program materials, curriculum, documents, videos, worksheets, downloads, digital files, and any other content created by Dakota Design Company, LLC (“Company”) are original, copyrighted works protected under United States Copyright Law (Title 17).

Student is granted a limited, non-exclusive, non-transferable, single-user license to access and use the Program content solely for internal business purposes within their own interior design services business, in the course of providing client-facing interior design services to residential clients or commercial clients.

This license expressly excludes any use of the Program content or materials for creating, marketing, or selling educational programs, digital products, templates, or consulting services, or for any other business activity outside the Student’s direct provision of interior design services to clients.

Student shall not, under any circumstances, use the Program content or frameworks to create educational programs, workshops, memberships, courses, or consulting services that teach business operations, pricing, or client experience methods similar to or derived from the Program. Student may not teach others — whether for free or for compensation — how to implement or replicate strategies, frameworks, or methodologies contained within the Program.

Any unauthorized use, reproduction, or distribution of Program materials or frameworks constitutes copyright infringement, intellectual property theft, and breach of this Agreement and will be treated as willful intent to infringe and pursued to the fullest extent permitted by law.

Template Licensing and Use

The templates provided as part of the Foundations Program or the Foundations Black Friday Bundle are original, copyrighted works owned by Dakota Design Company, LLC.

Upon enrollment, Student is granted a limited, non-exclusive, non-transferable, single-user business license to use these templates solely within their own interior design services business.

Student may not, under any circumstances:

Share, sell, give away, sublicense, or otherwise distribute these templates, whether modified or unmodified;
Use these templates, or any portion of them, to create or promote their own courses, memberships, digital products, or templates;
Offer these templates as free or paid resources, lead magnets, bonuses, or incentives to grow another business; or
Claim ownership of or remove copyright or proprietary notices from the materials.

Any unauthorized reproduction, distribution, or adaptation of these materials — including offering them as free downloads, using them as lead magnets, or reselling them under another brand — constitutes copyright infringement, theft of intellectual property.

Dakota Design Company, LLC actively monitors and enforces its rights under U.S. Copyright Law (Title 17) and this Agreement, and will pursue violators of this Agreement for any unauthorized use to the fullest extent permitted by law.

9. Termination

Dakota Design Company, LLC reserves the right to terminate your access to Design Business Foundations at any time if you violate these Terms, engage in unauthorized distribution or misuse of materials, fail to make required payments, or otherwise breach this Agreement.

If your access is terminated due to a violation of these Terms, you will immediately lose access to all Program materials and will not be entitled to a refund or credit of any kind.

Because this Program provides immediate access to digital content upon purchase, you may not terminate this Agreement or request a refund once you have completed checkout.

All rights granted to you under this Agreement will immediately cease upon termination, and Dakota Design Company, LLC may pursue legal action for any misuse of its intellectual property.

10. Communication

As part of Design Business Foundations, Dakota Design Company, LLC provides six (6) weeks of access to weekly Office Hours sessions, during which students may submit questions related to the weekly lesson topics through the official Office Hours submission form.

The Company will respond to lesson-related questions on Fridays during scheduled Office Hours.

Outside of Office Hours, the Company offers limited administrative support for technical or access-related issues only, via hello@dakotadesigncompany.com.

Support inquiries will be answered during regular business hours: Monday–Thursday, 10 a.m.–3 p.m. CST, excluding holidays.

11. Service Location

Both Parties agree and understand that the Program platform, lessons, and Office Hours support to be provided under this Agreement shall be performed virtually.

12. Confidentiality

Student shall not disclose, share, reproduce, or distribute any proprietary information, program materials, downloads, frameworks, or other confidential content belonging to Dakota Design Company, LLC (“Confidential Information”).

Student agrees not to use the Confidential Information for any purpose other than participation in the Program.

The duplication, sharing, or misuse of any Confidential Information constitutes a material breach of this Agreement and will result in immediate termination of access, with potential legal action for damages.

13. Assumption of Risk Using Online Platform

Student agrees that their participation in the Program is at their own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that their participation in the creation of an online account is at their own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

14. Indemnification

Student hereby agrees to indemnify and hold harmless Company and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses, and costs, including reasonable legal expenses and attorneys’ fees, as a result of any claim, demand, action or other legal proceeding by any third party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company.

15. Maximum Damages

The sole remedy for any actions or claims by Student shall be limited to a refund, the maximum amount not to exceed the total monies paid by Student under this Agreement.

16. Limitation of Liability

In no event shall Company be liable under this Agreement to Student or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Student was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

17. Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

The Impacted Party shall give Notice within 7 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable.

18. Inability of Company to Continue Program

In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of a family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:

Immediately give notice to Student;
Issue a refund or credit based on a reasonably accurate percentage of services rendered and Program material and support utilized/provided; and
Excuse Student of any further performance and/or payment obligations under this Agreement.

19. Professional Disclaimer

The Program and additional services provided by Company according to this Agreement are for informational purposes only. Student acknowledges and agrees that any information posted in the Program, Program Materials, or resources is not intended to be legal advice, medical advice, financial advice, therapeutic advice, tax advice, or other professional advice, and no fiduciary relationship has been created between Company and Student.

20. No Guarantees

Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Student completing the Program. Student agrees to take responsibility for Student’s own results.

21. Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Program will produce different outcomes and results for each Student. Student understands and agrees that:

Every Student and final result is different.
Program content is intended for a mass audience and Company will use its best efforts to create favorable experiences for each Student depending on their business needs, but no 1-on-1 services are included, expected, or guaranteed under this Agreement.
Dissatisfaction with the instructional style or delivery of the Program content is not a valid reason for termination or refund.

22. Spam Policy

Student is strictly prohibited from using the Program and Program materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Program students and distributing such information to third parties or sending any mass commercial emails.

23. Warranty Disclaimer

Student agrees that its participation in the Program and use of the Program program is at its sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Company makes no warranties that the Program will meet your needs or that the Program will be uninterrupted, error-free, or secure.

24. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties and physically attached to the original agreement.

25. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Cook County, Illinois. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

26. Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Cook County, Illinois, unless another location is mutually agreed to by the Parties. The costs and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration

27. Transfer

This Agreement cannot be transferred or assigned to any third party by either the Company or Students without written consent of all Parties.

28. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

29. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

30. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time on which the Notice is sent:

Company’s Email: team@dakotadesigncompany.com;

Student’s Email: the email the Student used to enroll.

31. Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures indicated below shall constitute a valid contract.

Student Signature

By checking the box on the order form checkout page and submitting payment, Student confirms that he/she has read, understands, and agrees to the terms and conditions of this Agreement.

Company Signature

Company has read, understands, and agrees to the terms and conditions of this Agreement.

Katie McFarlan

Owner of Dakota Design Company, LLC