MEMBERSHIP AGREEMENT

Color Theory Design Co, LLC | Flowering Minds

Last updated August 27th 2026

This Agreement is entered into by and between Color Theory Design Co, LLC (“Company”) and you (“Student”) (collectively, the “Parties”), for the purpose of Student purchasing and participating in the Company’s subscription membership program (the “Membership”). This Agreement applies to all subscription terms offered by the Company and becomes effective upon completion of the checkout process by the Student.

1. Scope of Membership

As part of the Full Membership program, Company shall provide the following to Student:

• Access to Flowering Minds content within Membership hosted on Kajabi
• Access to the Private Flowering Minds Community hosted on Kajabi

2. Membership Terms

Upon purchase, Student will be granted immediate access to Membership materials via Kajabi. Student acknowledges that the Membership is a digital service delivered through online access and does not involve physical shipment. Access will remain active for the duration of the selected subscription term, provided all payments are made as scheduled. Student receives a single, non-transferable license to access Membership content. Sharing login credentials or content with any third party is strictly prohibited. If Company reasonably believes that unauthorized sharing has occurred, Company may immediately suspend or terminate access without refund, at its sole discretion.

3. Membership Fee and Billing Options

Student agrees to pay the Membership fee according to one of the following subscription options selected at checkout. Cancellation of any plan is governed by Section 5.

Both options in Sections 3A and 3B are recurring subscriptions with a 12-month minimum commitment. These subscriptions do not end automatically at the conclusion of the commitment period. The subscription continues and renews beyond the commitment period until a cancellation request is submitted prior to the next billing date.

A. Pay-in-Full Annual Commitment Subscription Membership

• Student will be charged the subscription fee displayed at checkout upon enrollment. This is a recurring subscription that automatically renews annually at the then-current rate on the renewal date until a cancellation request is submitted prior to that date.
• Student receives immediate, full access to the entire Flowering Minds content library, live monthly coaching calls, and community forum upon payment, regardless of Student's level of engagement.
• No refunds or pro-rated credits are issued for the current annual term upon cancellation. Cancellation takes effect at the end of the current annual term.
• Early termination of the annual commitment prior to the renewal date is not available as a standard option and is subject to review on a case-by-case basis at the sole discretion of the Company. If approved, a one-time early termination fee of $97 will apply.

B. Pay-Over-Time Annual Commitment Subscription (Billed Every 4 Weeks)

• Student will be billed the installment fee displayed at checkout every four (4) weeks on a recurring basis. This is not a no-commitment subscription.
• Student acknowledges and agrees that they are committing to a minimum term of 12 consecutive calendar months from the date of enrollment. Because billing occurs every four (4) weeks rather than on a calendar month basis, a 12-month commitment period comprises thirteen (13) billing periods.
• Student receives immediate, full access to the entire Flowering Minds content library, live monthly coaching calls, and community forum upon the first payment, regardless of Student's level of engagement.
• Cancellation during the 12-month minimum commitment period does not discharge the installments remaining in the commitment period. The remaining balance continues to be due and payable to Company regardless of membership access status. Early termination requests are subject to review on a case-by-case basis at the sole discretion of the Company. If approved, a one-time early termination fee of $97 will apply per Section 5.4.
• After the 12-month minimum commitment period has been completed, Student may cancel at any time prior to the next billing date with no further amounts due.
• This subscription continues on a recurring every-4-weeks basis beyond the 12-month minimum commitment period until Student submits a cancellation request.

C. Flowering Minds No Commitment Membership (Billed Every 4 Weeks)

• Student will be billed $97 every four (4) weeks on a recurring basis with no minimum commitment period. Billing occurs every four weeks rather than on a calendar month, which results in thirteen (13) billing periods per year.
• Student receives immediate, full access to the entire Flowering Minds content library, live monthly coaching calls, and community forum upon the first payment.
• Student may cancel at any time prior to the next billing date with no further amounts due.
• After cancellation, access will remain active through the end of the current paid billing period.

D. Recurring Subscription, Every 3 Months (Quarterly)

• Student will be billed $247 every three (3) months on a recurring basis.
• A minimum commitment of one full quarterly billing period is required. Student acknowledges and agrees that they are committing to a minimum of one full quarterly billing period from the date of enrollment.
• Student receives immediate, full access to the entire Flowering Minds content library, live monthly coaching calls, and community forum upon the first payment.
• Cancellation during the initial quarterly commitment period is governed by Section 5.3. The early termination buyout described in Section 5.4 is not available on this plan.
• Upon completion of the initial quarter, the subscription continues on a recurring every-3-months basis until a cancellation request is submitted prior to the next billing date.

E. Payment Authorization and Failed Payments

By enrolling, Student authorizes Company’s payment processor (Kajabi Payments | Stripe) to securely store and charge Student’s payment method according to the plan selected at checkout.

Student is responsible for maintaining a valid payment method for the duration of any commitment period. If a payment fails, Student must promptly update their payment method. Company may suspend or terminate access to the Membership following a failed payment. Suspension or termination of access for non-payment does not terminate, reduce, or discharge Student’s obligation to pay the installments remaining in an active commitment period, which remain due and payable to Company under Section 5.3.

4. Refund Policy

All subscription purchases are final and non-refundable. If Student cancels the Membership, access will remain active until the end of the current paid billing period. No partial refunds or pro-rated credits will be issued, regardless of usage or cancellation date.

Company may, at its sole discretion, issue a goodwill refund in individual cases. Goodwill refunds are reviewed case by case, do not set a precedent, and do not obligate Company to issue a refund in any other circumstance. Where a goodwill refund is issued, the amount refunded reflects the net amount received by Company after deduction of non-recoverable payment processing fees. These fees are paid directly to the payment processor at the time of the original transaction and are not retained by Company.

5. Term and Cancellation Policy

This Agreement remains in effect unless terminated by Student or Company in accordance with these terms.

All subscription plans described in Section 3 renew automatically at the end of each billing period or term, and continue to renew until a cancellation request is submitted. Completion of a minimum commitment period does not end the subscription; the subscription continues on its regular billing cycle until cancelled. The renewal term, renewal amount, and billing frequency for the plan selected are disclosed at checkout and confirmed by Student through mandatory checkbox acceptance prior to purchase.

5.1 How to Cancel

Student may submit a cancellation request at any time by either of the following methods:

• Logging into their Flowering Minds account on Kajabi and cancelling through profile Settings
• Emailing a cancellation request from the email address associated with the Membership account to [email protected]

Cancellation is available at any time regardless of the plan selected. Students enrolled in a plan with a minimum commitment period should review Section 5.3 before cancelling. Cancelling during a commitment period ends future automatic renewal but does not discharge the installments remaining in that period.

5.2 Effect of Cancellation

Upon cancellation, no further automatic renewal charges will be processed. Access to the Membership will remain active through the end of the current paid billing period and will end on the final day of that period. No partial refunds or pro-rated credits are issued for the remaining days of the current billing period.

5.3 Commitment Periods and Remaining Balance

Certain subscription plans include a minimum commitment period established at checkout and confirmed by Student through mandatory checkbox acceptance prior to purchase. Cancellation of a subscription during an active commitment period ends future automatic renewal but does not terminate, reduce, or discharge Student’s obligation to pay the installments remaining in that commitment period.

Any installments remaining at the time of cancellation remain due and payable to Company according to the original billing schedule established at checkout. Company will invoice Student for these amounts and will not process further charges to the payment method on file following cancellation. Student’s obligation under this Section is a contractual obligation owed to Company and is independent of Student’s continued access to the Membership.

5.4 Early Termination Buyout

For subscriptions under Section 3B, Student may request to settle the balance remaining in the commitment period through a one-time buyout payment of $97. Buyout requests are reviewed and approved at the sole discretion of Company. Upon payment of the buyout amount, all remaining installment obligations under Section 5.3 are released in full and access will remain active through the end of the current paid billing period. Approval of a buyout request does not set a precedent or obligate Company to approve future requests under similar circumstances.

5.5 Plan-Specific Cancellation Terms

• Annual Subscription, Pay-in-Full (Section 3A): Cancellation takes effect at the end of the current 12 month term. No partial refunds or pro-rated credits are issued.
• Annual Membership, Paid in Installments (Section 3B): Billed $67 every four weeks. A minimum term of 12 consecutive calendar months applies from the date of enrollment, comprising thirteen (13) billing periods. Cancellation prior to completion of the 12 month minimum is governed by Sections 5.3 and 5.4. Following completion of the 12 month minimum, the subscription continues on a recurring every-4-weeks basis until cancelled, and cancellation takes effect at the end of the current billing period with no further amounts due.
• Flowering Minds No Commitment Membership (Section 3C): Billed $97 every four weeks with no minimum commitment. Cancellation takes effect at the end of the current billing period. No further amounts are due.
• $247 Every-3-Months, Quarterly (Section 3D): A minimum commitment of one full quarterly billing period applies from the date of enrollment. Cancellation prior to completion of the first quarter is governed by Section 5.3. The early termination buyout described in Section 5.4 is not available on this plan. Following completion of the first quarter, cancellation takes effect at the end of the current quarterly billing period.

5.6 Termination by Company

Company reserves the right to terminate this Agreement and Student’s access to the Membership at any time if Student violates these terms. In such cases, no refund will be issued for any remaining time or payments made, and any amounts due under Section 5.3 remain payable.

5.7 Disputes and Chargebacks

Disputes or chargebacks must not be used as a substitute for submitting a cancellation or refund request through the authorized support channels outlined in this Agreement. Company will contest chargebacks with full documentation, including payment authorization records, platform access logs, and member communications.

6. Personal Information

By participating in the Membership, Student will be asked to register with the Membership hosting platform to receive access to Membership 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 Membership for fraud or unlawful activity, is grounds for immediate termination from the Membership.

Company retains records of Student’s acceptance of this Agreement and of the subscription terms confirmed at checkout for the period required by applicable law.

For more details on how your information is collected, stored, and used, please review our full Privacy Policy and Cookie Policy.

7. Student Contributions

Through Student’s participation in the Membership, Student may post materials, comments, or replies to comments (“Student Contributions”) on Membership pages and materials. Student grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

8. Bonuses

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

9. Copyright and Intellectual Property

All Membership materials, documents, 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 Membership and accompanying content is owned by Color Theory Design Co, LLC and is not to be used for purposes beyond Student implementation. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. Student 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 Membership, except as expressly permitted by Section 9.1. Violations of this federal law will be subject to its civil and criminal penalties.

Flowering Minds may utilize artificial intelligence tools to assist in the creation, organization, or delivery of certain Membership materials, communications, or content. Any AI-assisted content is reviewed for quality and accuracy prior to inclusion in the Membership. Live coaching calls and expert moderation within the community forum are conducted by contracted floristry professionals and are not AI-generated. Company makes no guarantee that AI-assisted content is error-free and encourages Students to apply professional judgment when implementing any guidance.

9.1 Template Materials

Certain Membership materials are expressly provided for download and use, including templates, worksheets, checklists, and similar resources (“Template Materials”). Student may download, complete, and adapt Template Materials for use within Student’s own business, and may publish content created from Template Materials to Student’s own business accounts and platforms. Content published to Student’s own accounts during an active Membership may remain published after the Membership ends. The Template Materials themselves, whether in original or adapted form, may not be distributed, sold, licensed, or shared with any person or business outside Student’s own business, and may not be used to create products, templates, or offerings for sale or distribution. All other Membership content remains subject to the restrictions set forth in this Section 9.

9.2 Student Responsibility for Published Content

Student is solely responsible for all content Student creates and publishes using Membership materials, including its accuracy, its suitability for Student’s business, and its compliance with applicable law and with the policies of any platform on which it is published. Student is solely responsible for securing all rights necessary for Student’s published content, including rights in any photographs, video, music, audio, trademarks, and the name, image, or likeness of any individual appearing in that content. Student is solely responsible for compliance with all advertising, consumer protection, and disclosure requirements applicable to the marketing of Student’s business. Company does not review, approve, or monitor Student’s published content and assumes no responsibility or liability for it.

10. Live Sessions, Coaching, and Community Moderation

The Membership includes live group coaching calls and may include other live group trainings, workshops, or sessions, as well as individual (“1:1”) coaching or mentoring sessions offered from time to time (collectively, “Sessions”). Sessions and community moderation may be provided by Company, its owners and principals, or contracted floristry and industry professionals engaged by Company (each, a “Presenter”). The following terms apply to all Sessions and to guidance provided within the Membership community, regardless of who provides them:

10.1 Nature of Guidance

All guidance provided in any Session or within the Membership community, whether delivered to a group or to an individual Student, is educational and informational in nature. Guidance provided in a 1:1 Session is based solely on the information Student chooses to share and does not involve an independent review, audit, or verification of Student’s business, finances, or circumstances. No guidance provided in any Session or community constitutes legal, financial, tax, medical, therapeutic, or other professional advice, and no fiduciary relationship is created between Student and Company or any Presenter. Student evaluates and applies any guidance at Student’s sole discretion and sole risk, and remains solely responsible for all decisions made in Student’s business.

10.2 Availability of Sessions

Live group coaching calls are a component of the Membership as described in Section 1. Any 1:1 Sessions are offered at Company’s sole discretion, may be limited in availability, and are not a guaranteed component of the Membership. The availability of 1:1 Sessions during any period does not create an entitlement to 1:1 Sessions in any other period.

10.3 Presenters and Moderators

The views expressed by any Presenter, in any Session or in the Membership community, are those of the Presenter and do not constitute professional advice of any kind. The protections, disclaimers, and limitations in this Agreement apply equally regardless of whether a Session or moderation is provided by Company, its owners or principals, or a contracted professional.

10.4 Scheduling

Company may schedule, reschedule, substitute Presenters for, or cancel Sessions at its discretion, and may deliver any group Session as a recording rather than live. No refunds or credits are issued for missed, rescheduled, cancelled, or recorded Sessions.

10.5 Recording and Consent

Live group Sessions are recorded, and recordings are posted for replay within the Membership. By attending a live group Session, Student consents to the recording of Student’s voice, likeness, questions, and comments, and grants Company a royalty-free, non-exclusive, worldwide license to use, reproduce, and display such recordings within the Membership and Membership materials. A Student who does not wish to appear in a recording may attend without enabling their camera or microphone and may submit questions in writing. Company does not record 1:1 Sessions. Student may not record any Session, in whole or in part, without the prior written consent of Company.

10.6 Conduct

Company may mute, remove, or restrict access to any Session or to the Membership community for any Student whose conduct is disruptive, abusive, or inconsistent with this Agreement, and may terminate access under Section 5.6 for repeated or serious violations. Removal from a Session or the community does not entitle Student to any refund or credit.

11. Third-Party Platforms

The Membership provides materials intended for use in marketing Student’s business, including on Instagram and other social media platforms operated by third parties. Company is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. or any other social media platform. Student’s use of any social media platform is governed by that platform’s own terms of service. Company is not responsible for changes to platform features, algorithms, policies, or availability, or for any restriction, suspension, or termination of Student’s social media accounts by a platform.

12. Communication

Company is generally available to answer questions regarding Membership access or billing issues during normal business hours: Monday through Friday, 9am to 5pm CST, excluding holidays.

Company can be reached by:

• Email at [email protected]
• Form submission via the Contact link located in the header and footer of floweringminds.education

Company does not provide support via social media direct messages. Any questions not specific to Membership access or billing should be posted in the Flowering Minds Facebook Group. Company does not provide phone-based customer support. Cancellation may be submitted at any time through the methods described in Section 5.1.

13. Service Location

Both Parties agree and understand that the Membership platform, Facebook Group, and additional services to be provided under this Agreement shall be performed virtually.

14. Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, without limitation its Membership materials, Membership downloads, Membership outlines, coaching methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its Membership 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 as expressly permitted by Section 9.1, or (iii) use Confidential Information other than solely for the benefit of the Company or as expressly permitted by Section 9.1.

15. Assumption of Risk Using Online Platform

Student agrees that their participation in the Membership is at its 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.

16. 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 (a) activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company, or (b) Student’s use or application of Membership materials or of any guidance provided in any Session or in the Membership community, Student’s published content, Student’s participation in any Session or in the Membership community, or the operation of Student’s business.

17. Maximum Damages

The sole remedy for any actions or claims by Student shall be limited to the amounts, if any, that Company is required to refund under this Agreement, not to exceed the total monies paid by Student under this Agreement.

This Section states the maximum liability of Company with respect to the Membership and governs over any different limitation of liability stated in the Company’s General Terms and Conditions, in accordance with Section 32.

18. 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.

19. 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 membership payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Student’s account and must be used within 12 months from the date of Notice of the Force Majeure Event.

20. Inability of Company to Continue Membership

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 family member, pregnancy, military orders, religious obligations, government restrictions or other personal emergencies, it will:

1. Immediately give notice to Student;
2. Issue a refund or credit based on a reasonably accurate percentage of services rendered and Membership program utilized or provided; and
3. Excuse Student of any further performance and payment obligations under this Agreement, including any balance otherwise due under Section 5.3.

21. Professional Disclaimer

The Membership 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 Membership, Membership materials, or Facebook group 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. For a full explanation of limitations and disclaimers, please refer to our General Disclaimer.

22. No Guarantees

Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided. Student agrees to take responsibility for Student’s own results. For more, see our General Disclaimer.

23. Release and 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 Membership program will produce different outcomes and results for each Student. Student understands and agrees that:

1. Every Student and final result is different.
2. Membership 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. Any 1:1 Sessions are offered at Company’s sole discretion as described in Section 10.2, are not a guaranteed component of the Membership, and are subject to the Nature of Guidance terms in Section 10.1.
3. Dissatisfaction with Company’s (or any Presenter’s) independent judgment, coaching or mentoring style, or moderation decisions, in any Session, in the Membership community, or in accompanying online platforms, is not a valid reason for termination of this Agreement or request of any monies returned.
4. Student’s application of Membership materials and of any guidance provided in any Session or in the Membership community is at Student’s sole discretion and risk, and Company is not responsible for any outcome of that application within Student’s business or on any social media platform.

24. Spam Policy

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

25. Warranty Disclaimer

Student agrees that its participation in the Membership and use of the Membership 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 Membership will meet your needs or that the Membership will be uninterrupted, error-free, or secure.

26. Sales Tax

Should any sale or use tax be imposed on any part of this Agreement, such tax shall be collected from Students and remitted by Company. All sales tax will be included on invoices and in the checkout process through the Company’s online payment platform.

27. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties and supersedes any other written or oral agreements between the Parties with respect to the Membership.

Company may modify this Agreement from time to time. Company will indicate any modification by updating the “Last updated” date at the top of this Agreement and by posting the revised Agreement at floweringminds.education. Modifications apply to Memberships purchased on or after the date the revised Agreement is posted. For an existing Membership, a modification that materially changes the fees, the commitment period, or the cancellation terms applicable to that Membership will take effect at the Student’s next renewal date and only after notice to the email address associated with the Membership account. Student’s continued participation in the Membership following the effective date of a modification constitutes acceptance of the revised Agreement.

28. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas 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 Hays County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

Nothing in this Agreement limits any right a Student may have under the consumer protection laws of the Student’s state of residence that cannot be waived by agreement.

29. 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. The Parties agree to be bound by the decision of the arbitrator or arbitrators. The arbitration proceeding shall take place in Hays County, Texas 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.

30. Transfer

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

31. Severability and 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.

32. Governing Agreement

This Membership Agreement constitutes the governing agreement for the Membership purchased by the Student at checkout. The Company’s General Terms and Conditions, Privacy Policy, Cookie Policy, and Disclaimer are incorporated by reference and apply where not otherwise expressly addressed in this Agreement. In the event of a conflict, the terms of this Membership Agreement shall govern with respect to the Membership.

33. Headings

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

34. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent. Company’s Email: [email protected]

35. Facsimile Signatures

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

Student Signature

By checking the box on this order form and upon completion of purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement and all applicable policies referenced herein including:

• General Terms and Conditions
• Privacy Policy
• Cookie Policy
• Disclaimer

Electronic Agreement and Acceptance

Student acknowledges that this Agreement was presented electronically at checkout and that acceptance was required as a condition of completing the purchase. Student affirmatively agreed to this Agreement by checking a mandatory acceptance box prior to submitting payment.

Company Acknowledgment

Color Theory Design Co, LLC operates and administers the Membership under the terms of this Agreement.