By enrolling in The Founders Program | Powered by Fixer® (the “Program”), you (“you” or “Participant”) agree to the following terms and conditions, which govern your participation in the Program:

1. Program Benefits and Deliverables

If you are accepted into the Program, you shall receive certain benefits and deliverables from time to time as determined in Fixer Advisory Group LLC (“Fixer”)’s sole discretion. Fixer retains full authority over all decisions regarding the content and administration of the Program, including but not limited to the selection of Program faculty, the number of founders in each cohort, the specific founders chosen for participation, the curriculum structure and content, the deliverables provided, the events organized, and the timing of all Program activities. All Program benefits and deliverables you receive are personal to you and the company listed on your Program application (“your Company”). You may not sell, license, rent, or otherwise transfer any Program benefits or deliverables to any third party.  During or at the end of the Program, you may receive the opportunity to engage with partners of the Program; however, this opportunity is not guaranteed. Any commercial relationships or opportunities you are offered are subject to separate negotiations and agreements with the relevant Program partner and do not form part of the Program.

2. Program Administration

We may from time to time send you emails, call you, or otherwise contact you about the Program or Fixer products and services. Fixer reserves the right to change the Program or any aspect of it at any time in its sole discretion, including these terms and conditions.  All decisions regarding administration of the Program are under Fixer’s exclusive control. 

3. Program Fee and Expenses

You are required to pay the applicable Program fee deposit and the remaining balance within the timeframes specified by Fixer.  All fees are non-refundable, subject to the exceptions contained in Section 11 below. Failure to make timely payments may result in disqualification from the Program. In the event of disqualification, at Fixer’s discretion, you will forfeit any deposits or fees already paid.  Fixer reserves the right to apply a discount towards the fee for early applicants and for any other reason, in Fixer’s sole discretion. If a discount is provided to you and you breach any of these terms and conditions, Fixer reserves the right to revoke such discount and charge you the full fee.  

Any and all other expenses arising from your participation in the Program, including, without limitation, any travel-related expenses (e.g. airfare, hotel lodging, transportation, etc.), are your sole responsibility.

4. Equity Grant

You agree to grant The Founders Program a 1% advisor equity in your Company, which may be structured as stock options, stock grants, or profits interests, depending on your Company's legal structure. The terms of such equity grant will be governed by a separate agreement with Fixer or its affiliate.  You are required to issue the equity grant within the timeframes specified by Fixer.  Failure to do so may result in disqualification from the Program. In the event of disqualification, at Fixer’s discretion, you will forfeit any deposits or fees already paid.  

5. Program Participation Requirements

In order to achieve the intended benefits of the Program, you are required to attend all scheduled virtual sessions and in-person events. Exceptional circumstances preventing your attendance will be considered and accommodated on a case-by-case basis, in Fixer’s sole discretion.  You must actively participate in all Program sessions and activities and complete any assigned pre- and post-session work, and behave in a professional and respectful manner.  Failure to abide by these expectations may result in your dismissal from the Program.

6. Confidentiality and Intellectual Property

Fixer agrees to treat information and materials relating to you and your Company that are not publicly available as confidential and proprietary.  Fixer will seek permission from you prior to using or disclosing any such information or materials for any external purpose; provided, however, that Fixer may share aggregated non-identifiable data for research and marketing purposes without prior permission.

Fixer® and Powered by Fixer® are registered trademarks of Fixer. All rights related to these trademarks are reserved and protected under applicable trademark laws. All content, materials, and resources presented on The Founders Program website, marketing and promotional materials, and throughout The Founders Program, including text, graphics, logos, videos, and other intellectual property, are copyrighted and owned by Fixer or its affiliates. In addition, any Program materials, information, and resources that are not published to the general public constitute Fixer’s confidential information. Program participants are granted a limited, non-exclusive, non-transferable license to use the Program materials for their personal, internal business, and educational purposes only. Any other use, distribution, reproduction or disclosure is unauthorized and requires prior written permission from Fixer.  You may be required to sign a non-disclosure agreement (NDA) to protect your, Fixer’s and other Program participants’ confidential information and proprietary materials. 

7. Use of Name, Likeness, and Materials  

By participating in the Program, you grant the Program and Fixer the right to use your name, image, likeness, voice, and your Company name and logo in marketing materials, promotional content, and communications related to the Program and Fixer. This usage may include, but is not limited to, website content, social media posts, press releases, participant lists, and other marketing collateral.  Fixer shall have the right to photograph and record video and/or audio of you in connection with Program sessions or events and make commercial use of such photographs and recordings.

8. Program Disclaimers  

The Program offers resources, support, and educational content designed to assist participants in enhancing their business skills and strategies. However, Fixer makes no representations or warranties of any kind, express or implied, about the potential outcomes of the Program. Participation in the Program does not constitute legal, financial, investment, tax, or professional advice. You are encouraged to seek independent legal, financial, investment, and tax counsel before making business decisions based on information, guidance, or resources provided through the Program.

Neither the Program nor Fixer guarantees success, profitability, or any specific results following participation. Individual results may vary based on numerous factors, including but not limited to personal commitment, market conditions, and the unique circumstances of each founder and business.

THE PROGRAM AND ANY BENEFITS OR OTHER MATERIALS THAT FIXER MAY OFFER THROUGH THE PROGRAM ARE PROVIDED “AS-IS.” FIXER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY BENEFITS OR OTHER MATERIALS THAT FIXER MAY OFFER THROUGH THE PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). FIXER IS NOT AUTHORIZED TO, AND ACCORDINGLY FIXER CANNOT, PROVIDE ANY REGULATED FINANCIAL SERVICE AS PART OF THE PROGRAM IN ANY JURISDICTION, AND NOTHING FIXER DOES SHOULD BE CONSTRUED AS THE PROVISION OF SUCH A SERVICE. IN PARTICULAR, BUT WITHOUT LIMITATION, THIS MEANS THAT FIXER IS NOT GENERALLY ABLE TO ARRANGE OR FACILITATE, OR PROVIDE ADVICE TO POTENTIAL INVESTORS IN RELATION TO, INVESTMENT IN, OR FINANCING OF, YOU, OR YOUR COMPANY. YOU SHOULD ALWAYS SEEK APPROPRIATE ASSISTANCE FROM DULY LICENSED INDEPENDENT PROFESSIONAL ADVISERS IN RELATION TO ANY SUCH INVESTMENT OR FINANCING.

9. Liability Waiver

You acknowledge that participation in the Program involves risks, and you agree that the Program, Fixer, Fixer’s affiliates and their respective owners, officers, employees, contractors, agents and volunteers (collectively, the “Fixer Parties”) are not liable for any loss, injury, or damage incurred as a result of your participation.

NEITHER FIXER NOR ANY OF THE FIXER PARTIES WILL BE LIABLE TO YOU UNDER THESE TERMS OR IN RELATION TO THE PROGRAM FOR ANY (i) LOSS OF DATA, PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, (ii) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO THE PROGRAM, OR (iii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF FIXER OR ANY OF THE FIXER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. THE AGGREGATE LIABILITY OF FIXER AND THE FIXER PARTIES ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED ANY PROGRAM FEES ACTUALLY PAID BY YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fixer and the Fixer Parties from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Program, including but not limited to any breach of these terms and conditions or any violation of applicable laws.

11. Program Postponement, Cancellation or Discontinuation

Fixer reserves the right to postpone or adjust the timing of the Program, or to determine not to run the Program or to discontinue it at any time, for any reason, including but not limited to insufficient enrollment, or unforeseen circumstances.  In the event that the Program is not run or is discontinued after you have paid Program fees, you will be notified promptly, and any fees paid will be refunded in full. However, Fixer is not responsible for any costs or expenses incurred by you in anticipation of the Program, and fees will not be refunded in the event of a postponement or timing adjustment only.  You acknowledge and accept that the continuation or availability of the Program is not guaranteed and that Fixer may modify, suspend, or terminate the program at its discretion.

12. Dispute Resolution

Any disputes arising from these terms will be resolved through mandatory mediation. If mediation fails to resolve the dispute within 30 days, the parties agree to submit the dispute to binding arbitration, to be conducted by JAMS (Judicial Arbitration and Mediation Services) in accordance with its rules and procedures.  The arbitration shall take place in New York, NY, and the decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own costs and attorney fees associated with the arbitration, and the costs of the arbitration shall be shared equally, unless otherwise determined by the arbitrator.  By agreeing to these terms, you waive your right to a jury trial and to bring or participate in any class action or representative proceeding.

13. Governing Law

These terms and conditions are governed by the laws of the State of New York, without regard to its conflict of law principles.

14. Amendments to Terms

Fixer reserves the right to modify these terms and conditions at any time without prior notice. Continued participation in the Program constitutes acceptance of any changes.

15. Severability

If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these terms and conditions will remain in full force and effect.

16. Entire Agreement

These terms and conditions, together with any other agreements referenced in these terms and conditions, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

17. Acceptance of Terms

By enrolling in the Program, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.