The Draft House Sessions Terms of Use

Hey there fellow small biz owner! By purchasing a Draft House membership (hereinafter the “Program”), you, the purchaser (hereinafter “Student”) enter an agreement with Mettle & Tonic LLC ("Bestie") and agree to the following terms:

1. Membership Deliverables

The Program is a monthly membership. Bestie agrees to provide the content as promised on the Program checkout page, which includes:

Monthly recorded copy review
Coaching and consulting support in Slack
Virtual live trainings and coworking sessions
Resource Library
Occasional guest trainers, depending on availability and season
Private strategy session (depending on membership tier)

2. Disclaimer

Bestie's Privacy Policy is hereby incorporated by reference into this agreement. Student understands that Bestie will be providing educational content to Student and that Bestie’s obligations under this Agreement exist only while Student is a paying member of the Program. Bestie’s obligations will cease once Student or Bestie cancels Student’s membership.

Student understands that Bestie is not providing one-on-one service on behalf of Student.

3. Payment

In consideration of Student’s access to the Program, Student agrees to pay the amount associated with their chosen membership duration.

Student hereby authorizes Bestie to charge Student’s credit card or debit card automatically as part of Student’s payment plan.

4. No Refunds

Bestie has a strict no refund policy on the Program. Student understands and agrees to this.

5. Cancellation

Student may cancel their payment plan for the Program at any time. Client understands that they will immediately lose all access to the program including all content and any other live support and/or community support.

Bestie may cancel Student’s Program at any time for any reason.

6. No Master Resell Rights.

No Personal Label Rights.
Master Resell Rights and Personal Label Rights are not available for this membership. Student understands that no rights of reproduction are transferred by this Agreement. Student agrees not to create any derivative works of the content found in the Program.

7. Intellectual Property

Bestie owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in the Program does not transfer any intellectual property rights to Student. Bestie grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content.

8. Force Majeure

Bestie shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Bestie including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Bestie agrees only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

10. Severability

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

11. Liability

Student absolves Bestie of any and all liability or loss Student may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. To the extent permitted by law, Student agrees that Bestie shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

12. Warranty

Bestie makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Bestie and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

13. Assignment

Student may not assign this Agreement without express written consent of Bestie.

14. Modification

Bestie may modify terms of this agreement at any time. All modifications shall be posted on the Bestie’s website and purchasers shall be notified.

15. Indemnification

Student agrees to indemnify, defend, and hold harmless the Bestie, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Student’s use of or inability to use the Program and related services, any user postings made by Student, your violation of any terms of this Agreement or your violation of any rights of a third party, or Student’s violation of any applicable laws, rules or regulations.

16. Dispute Resolution

Student expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Student attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Baltimore County, Maryland.

Last Updated: November 1, 2024