TERMS & CONDITIONS
GROUP PROGRAM AGREEMENT
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”) which includes access to curriculum, templates, and group or community-based support (“Support”) as offered at the time of enrollment. 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 Online Program in Thrivecart and all future updates for the life of the program
Professionally Developed Curriculum
Implementation Activities
Private Implementation Workbook
A Discovery Call Teardown
A Curated Library of Resources, Templates, Calculators, & SOPS
The Friday Memo
Support For the Duration Offered at Time of Enrollment
Group Consulting Calls with Our Team and Other Designers
Private Online Community for Peer Support and Consulting
Company reserves the right to update, modify, replace, or remove Program content, structure, delivery format, pacing, or Support components at its discretion. Student will retain access to the current version of the Program as provided.
For purposes of this Agreement, ‘life of the Program’ refers to the period during which the Program is actively offered and maintained by Company.
The “support period” refers to the time-bound access to live calls, community participation, or other support components included with enrollment, as offered at the time of purchase.
2. Program Terms
Enrollment grants Student access to the Program materials as made available at the time of purchase. Access to pre-recorded curriculum and resources is provided for the life of the Program, unless otherwise stated.
Access to live calls, community spaces, or time-bound Support is provided according to the format offered at the time of enrollment and may be limited in duration or availability.
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.
If Student opts for payment plan, Student will remit payment in pursuant to the payment schedule.
Any additional services, calls, emails, and time beyond the scope of the Program are not included.
4. Refund Policy
Due to the digital nature of the Program and immediate access to proprietary materials, all sales are final once access to the Program is granted.
No refunds, credits, or chargebacks will be issued due to lack of time, lack of participation, failure to complete the Program, change of circumstances, change of mind, dissatisfaction with effort required, or for any reason related to Student’s personal availability, motivation, or execution.
Student is encouraged to review all publicly available information about the Program prior to purchase and to contact Company with any questions before enrolling.
Pre-Access Exception.
A refund may be requested only if Student has not been granted access to the Program materials by the Company’s course platform. If Student requests a refund no later than one (1) week prior to access being granted, Company may issue a refund less a $500 administrative fee. Once access has been granted, no refunds are available under any circumstances, except as expressly provided in Section 4.1 below.
Any refund issued will immediately terminate Student’s access to the Program
4.1 Conditional Performance Guarantee.
The Company offers a limited, discretionary performance-based guarantee, which is not a general refund policy and does not override the no-refund terms stated above.
The guarantee exists solely to evaluate situations where a Student has fully participated in the Program in good faith and asserts that the Program did not deliver the outcomes expressly represented by Company.
The conditional guarantee window begins upon the conclusion of the Student’s included support period and remains open for seven (7) calendar days thereafter. Requests submitted outside this window will not be considered under any circumstance.
For a request to be considered, Student must demonstrate full participation, including all of the following:
Viewing all Program lessons
Attending or reviewing and submitting questions for all Happy Hour Group Consulting Calls during the support period
Actively requesting support within the community
Completing all implementation activities and submitting proof of work via the Private Implementation Workbook
Participating in a required 1:1 feedback call with Katie, if requested
Failure to meet any of these requirements will render the request ineligible for consideration.
The Company retains sole and absolute discretion in determining whether the conditions of this guarantee have been met and whether any refund will be issued. No refund is owed or required unless Company affirmatively approves the request.
If a refund is approved, it will be processed less the $500 administrative fee and will immediately terminate Student’s access to the Program.
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 post materials, comments, or replies to comments (“Student Contributions”) on Program pages, materials, or during Happy Hour calls. 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
All Program materials, documents, comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement are the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Program and accompanying content are owned by Dakota Design Company, LLC, and are not to be used for purposes beyond Student’s internal business operations and permitted client use as expressly allowed below. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources.
Permitted Client Use.
Student is granted a limited license to customize and use Program templates and materials solely for Student’s internal business operations. The included proposal template and offboarding form are the only templates included in the Program that are for direct use with Student’s own clients in the course of providing paid services, including delivering completed or customized versions to individual clients as part of a bona fide client engagement. Any customization or completion of Program materials does not transfer ownership or create a new or separate work owned by Student.
Prohibited Marketing and Distribution Use.
Student may not use any Program materials, in whole or in part, in their original or substantially similar form, as free or paid marketing materials, lead magnets, downloadable resources, content upgrades, portfolio samples, educational demonstrations, trainings, or promotional assets for Student’s own business or any third-party business. Student may not sell, license, sublicense, distribute, publish, or otherwise make Program materials available to others outside of a bona fide client engagement.
Student may not use the Program materials, underlying frameworks, methodologies, structures, language, sequencing, or organization to create, market, sell, or deliver any product, service, program, template, resource, training, or offering that is substantially similar to or competitive with the Program or any Company offerings.
For purposes of this Agreement, ‘substantially similar’ includes offerings that are derived from, inspired by, patterned after, or functionally equivalent to the Program materials, even if modified, renamed, reformatted, or presented differently.
Student shall not copy, modify, adapt, translate, reverse engineer, deconstruct, scrape, analyze for competitive purposes, create derivative works from, or otherwise exploit any Program materials or Confidential Information, in whole or in part, for any purpose other than Student’s internal use within Student’s own business.
Any use of Program materials or Confidential Information in connection with the creation or promotion of competing products or services shall be presumed to be a prohibited competitive use under this Agreement.
Violations of this federal law will be subject to civil and criminal penalties.
In the event Company incurs legal fees, costs, or expenses to enforce this Agreement, protect its intellectual property, or respond to any unauthorized use, disclosure, or competitive misuse of the Program materials by Student, Student agrees to reimburse Company for all reasonable attorneys’ fees, court costs, and related enforcement expenses incurred.
9. Termination
Student may terminate this Agreement if written notice is given ONE WEEK PRIOR TO BEING GRANTED ACCESS TO THE MATERIALS IN THRIVECART. On or after being granted access to the Program materials, Student may not terminate this Agreement and is required to complete all payments as specified in Section 3.
Company may terminate this Agreement in the event Student breaches this Agreement or any of the Program rules and terms, or fails to make payment. In the event of termination by Company, Student will be immediately removed from the Program. Student shall not be eligible for a refund in the event of a breach of this Agreement.
10. Communication
Company is generally available to provide support during its business hours: Monday – Thursday, 12 pm – 4 pm CST, excluding holidays. Company WILL ONLY answer communication through the Community Platform and during Happy Hour Group Consulting Calls.
Company WILL NOT provide 1:1 private business consulting or 1:1 advice via private emails or private direct messages from Student. Company will only respond to Student on the approved platform within two business days.
Student understands that 1:1 email consulting, private 1:1 DM consulting, and 1:1 consulting calls with Katie are not included in this program. 1:1 services are not included in this program.
11. Service Location
Both Parties agree and understand that the Program platform, lessons, feedback, happy hours, and additional services to be provided under this Agreement shall be performed virtually.
12. Confidentiality
Student shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation, its program materials, program downloads, program outlines, proprietary frameworks, consulting methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its program and consulting strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
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
If a refund is expressly permitted under this Agreement, 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 workbooks is not intended to be legal advice, medical advice, financial advice, therapeutic 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 and personal needs, but no 1-on-1 services are included, expected, or guaranteed under this Agreement.
Dissatisfaction with Company’s (or any of its agents’) independent judgment or consulting/mentoring style within the Program and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.
If offered, Company is not responsible for interactions of small group cohort. Company does not supervise, oversee, or attend small group cohort meetings.
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: hello@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
Updated 1/29/2026
