Terms of Purchase

This Agreement is between the You (“Purchaser”) and Maddie Mae Education LLC/DBA Adventure Instead Academy and/or Maddie Mae Photography LLC/DBA Adventure Instead (“Company”, “We”, “Us”, “Our”) (collectively the “Parties”), for the purpose of any digital product or course purchase through this website at adventureinstead.com, or any related domains or subdomains (the “Sites”).

Scope of Product Purchase Agreement

Our “Products” include but are not limited to: online courses, templates, digital products, workshops, prints, albums and any other paid purchases on these Sites.

Digital Products Return Policy 

Products such as the Elopement Location Finder, courses, guides, templates, presets are NOT eligible for return unless a exemption to this refund policy is outlined for that product on the checkout page. 

Chargebacks

You shall be completely responsible for all charges, fees, and taxes arising from any digital product purchase. By submitting your credit card information at checkout, You agree to allow the Companies to use the submitted credit card as the payment method for your purchase. PURCHASER AGREES NOT TO FILE ANY DISPUTE WITH PURCHASERS’S BANK OR CREDIT CARD COMPANY TO AVOID PAYMENTS OR VIOLATE ANY OF THESE TERMS AND CONDITIONS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED PAYMENT, WE RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH DISPUTING A CHARGEBACK, REVERSAL OR RECOLLECTION CLAIM, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY FEES. WE RESERVE THE RIGHT TO TAKE ANY NECESSARY LEGAL ACTION FOR FRAUDULENT CHARGEBACKS.

Non purchased assets

This includes but is not limited to; Facebook groups, Slack channels, and invites to events are free bonuses and have no monetary value.  These can be withdrawn/amended by the Companies with no notice and this does not change the value of the offer or constitute a breach contract.  Access to all non-course assets are subject to our community code;

Community Code

Be Kind and Courteous

We’re all in this together to create a welcoming environment. Treat everyone with respect. Healthy debates are natural, but kindness is required. No unsolicited CC, bad-mouthing clients, bullying/shaming, trolling, drama, mansplaining or namecalling members either in this community or outside the group. This community has zero policy for drama.

No Promotions/Self-Promotions, Advertising or Spam

Any promotional posts (including freebies, beta tests, market research, other groups or workshop tickets/reselling) will result in an instant ban—message mods to check BEFORE posting if you’re unsure. The only exceptions allowed are selling second-hand gear, dress rentals, & second shooting offers must be clearly labeled.

All model calls & shoot trade requests can ONLY be added to the collaborative Weddings & Wanderlust map found in the “guides” tab—all posts will be deleted.

No Hate Speech, Discrimination, or Bullying

We have a ZERO tolerance policy for racism, sexism, homophobia, or any degrading comments related to race, religion, culture, sexual orientation, gender or identity. Bullying of any kind isn’t allowed and will result in an instant ban.

No “Free Wedding or Elopement” Posts or Giveaways

We do NOT allow posts/comments offering or asking to do weddings/elopements for free, nearly free, for a giveaway/contest, or for travel-only. This group will NOT be used to phish photographers to come photograph your day for “nearly free.”

Keep referral post comments & responses relevant

When responding to referral posts, keep your comments relevant and timely (e.g. don’t comment photographer referrals on a post if they weren’t asked for, or comment on old/closed referral posts) —please only drop your link if you meet the poster’s criteria. This is handled on the honors system, please message Admins/Mods about repeat offenders who will be removed.

Credit Other Photographers & Don’t Plagiarize

Plagiarism of images, copy, contracts, presets, website design etc. will result in an instant ban. Always credit photographers when posting inspiration photos or moodboards. If you cannot properly credit, do not post or you will be “muted” for one week. If you have plagiarized another community members intellectual property, you will be removed from the group.

No Hearsay Legal, Financial, or Medical Advice

Do not request or provide hearsay advice about legal, financial, or medical topics like taxes, permits, work visas, vaccines, etc. Always get your own first-hand information from official sources.

Respect Everyone’s Privacy & No Blocking Mods

Keep what’s shared in the group private but remember the internet is public and you are responsible for the results of what you post. No DM’ing members w/o permission. No blocking admins/mods.

Follow & Promote “Leave No Trace” Principles

Joining this group means that you agree to follow and promote the 7 outdoor ethics principles of “Leave No Trace” (lnt.org). Posts/photos displaying or encouraging behavior that damages the environment are not allowed.

Keep Your Posts on Topic & Relevant for this Group

Posts must be relevant to the theme of this group (photography, videography, business, marketing, travel, adventure, the outdoors, etc). Other topics may be deleted. No like/follow trains or pods. This group is for photographers/videographers only, if you are not a photographer/videographer or have stopped being a photographer/videographer you will be removed from the group.

Age of Majority

Understand that by using the Sites, any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

Purchaser Contributions

Through purchasers participation in the Course(s) and community(s), Purchaser may post materials, comments, or replies to comments (“Purchaser or Student Contributions”) on Course pages, materials, communities, or social media. Purchaser grants Companies a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

Bonuses

We may offer promotions and/or bonuses to potential customers from time-to-time via marketing and advertising. You are entitled to the promotions/bonuses offered at the time of purchase. Promotions/bonuses are not guaranteed to be available when You make a purchase and they vary depending on live and automated promotions throughout the year. You understand and agree that promotions/bonuses are not retroactive or proactive. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

Copyright

All Product and Course materials, documents, community/Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Course and accompanying content is owned by Maddie Mae Education LLC DBA Adventure Instead Academy and/or Maddie Mae Photography LLC/DBA Adventure Instead and is not to be used for purposes beyond Purchasers implementation. Purchaser is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the product content and resources. Purchaser shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product. Violations of this federal law will be subject to its civil and criminal penalties.

Communication

Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm MDT, excluding holidays.

Confidentiality

Purchasers shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation its course materials, course downloads, course outlines, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching 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.

Indemnification

Purchaser will indemnify, defend and hold harmless Companies, their affiliates, customers, employees, contractors, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Company or persons furnished by Company; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by Company to perform its obligations under this Agreement; (d) any negligent act or omission committed by Company in the performance of the Services or (e) any claims, actions, or other proceedings based on a claim that any work provided by Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

Maximum Damages

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

Limitation of Liability

In no event shall Company be liable under this Agreement to Purchaser 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 Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

No Guarantees

Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser. We also make no guarantees that Our Product(s) do not contain minor errors or omissions (See Errors and Omissions Section).

Errors and Omissions

Our products may at times contain minor errors and/or omissions. Companies shall be held harmless for such errors and omissions, and any inadvertent omission or error and Company shall not incur liability or damages.

Release & Reasonable Expectations

Purchaser has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the products and courses will produce different outcomes and results for each Purchaser.

Warranty Disclaimer

All Products, Courses and Services provided by Companies are on an “as is” basis. Companies hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the product, course or service will meet your needs or that the product, course or service will be accurate, reliable, uninterrupted, error-free, or secure.

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.

Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado 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 shall be resolved exclusively in a federal or state court of competent jurisdiction located in Larimer County, Colorado. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Mediation and Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Larimer County, Colorado unless another location is mutually agreed to by the Parties. The cost 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.

Transfer

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

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.

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