TERMS AND CONDITIONS
RELEASE AND WAIVER OF LIABILITY
The terms and conditions of this instrument (the "Release") apply to each individual (referred to as "I" or "me") that interacts with or uses any content or information (the "Content") produced or shared by The Fulcrum, an Idaho limited liability company, or any of its affiliates, employees, officers, etc. (collectively, the "Company"), including each individual that participates in or interacts with any website, application, webinar, forum, community, or other event administered by the Company. In consideration of the intangible value that I will receive by gaining access to the Company's Content and (if applicable) being provided with the opportunity to gain additional access to Content through websites, applications, webinars, forums, communities, and events, and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this Release. This Release is in addition to and is subject to the terms and conditions of use of any website, platform, application, venue, or other such tool, venue, or avenue through which the Company shares Content.
EDUCATIONAL PURPOSES ACKNOWLEDGEMENT
I am aware and understand that The Fulcrum is for informational and educational purposes only and anything said, presented, or discussed throughout The Fulcrum does not constitute investment, financial, tax, legal, real estate, or other professional advice. I acknowledge that the Company recommends that I seek the advice of professional advisors, including financial advisors, tax professionals, and legal counsel, before making any type of financial or business decision based on information said, presented, or discussed throughout The Fulcrum or in The Fulcrum materials. I am aware and understand that information presented throughout The Fulcrum may not reflect the actual return of my own investments, business results, or tax savings, either before or after my participation in The Fulcrum. I acknowledge the Company is not responsible for the consequences of any actions I take in reliance upon or as a result of the information provided in The Fulcrum. I acknowledge that the Company does not make, and hereby disclaims, any representations and warranties regarding the Content of The Fulcrum, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. I acknowledge and understand that I use the information provided in The Fulcrum at my own risk and that the Company hereby disclaims any liability to me for any loss, damage, or cost arising from or related to The Fulcrum, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in The Fulcrum, regardless of the cause. I AM AWARE AND UNDERSTAND THAT THE COMPANY AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "RELEASEES") ARE NOT AND SHALL NOT BE LIABLE OR RESPONSIBLE TO ME WITH RESPECT TO ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE FULCRUM OR INFORMATION OBTAINED IN THE FULCRUM.
PUBLICITY WAIVER AND RELEASE
I acknowledge that the Company may photograph, video, record, or gather other video, audio, or written information of or by me during my participation in any webinar, community, or other event, and that the Company desires to use and publicize my name, likeness, and other personal characteristics for advertising, promotion, publicity, and other commercial and business purposes and for all purposes ancillary to the foregoing (collectively, the "Uses"). I hereby give the Company my permission for such Uses and grant the Company a license for all rights necessary and convenient for such Uses fee-free and in perpetuity throughout the world, and waive all rights to approval, remuneration, enforcement, credit or acknowledgment, and all legal and equitable rights relating to liabilities, claims, demands, damages, and expenses, including but not limited to claims for infringement, privacy, misappropriation, or any similar claim.
INDEMNIFICATION
I shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my presence at or participation in any event, including any claim related to my own negligence or reckless behavior.
ELECTRONIC COMMUNICATIONS CONSENT
Email Communications
By providing my email address and enrolling in The Fulcrum, I expressly consent to receive email communications from The Fulcrum. I understand and agree that:
• I will receive emails including membership confirmations, program updates, educational content, webinar invitations, community announcements, newsletters, and promotional materials related to The Fulcrum's services.
• Email frequency varies based on program activities, events, and announcements.
• I can unsubscribe from marketing emails at any time by clicking the "unsubscribe" link at the bottom of any email or by contacting [email protected].
• Certain transactional emails related to my account, membership status, and important service updates may still be sent even if I unsubscribe from marketing communications.
• The Fulcrum will not share my email address with third parties for their marketing purposes without my explicit consent.
SMS/Text Message Communications
By providing my phone number and checking the SMS opt-in box during registration or enrollment, I expressly consent to receive text messages from The Fulcrum. I understand and agree that:
• I will receive SMS messages including appointment confirmations, reminders, program updates, educational content, and follow-up messages related to my membership.
• Message frequency varies based on my membership activity and program participation.
• Message and data rates may apply as determined by my mobile carrier.
• I can opt out of SMS messages at any time by replying STOP to any message from The Fulcrum.
• I can request assistance by replying HELP to any message or by contacting [email protected].
• The Fulcrum's SMS services are available on all major U.S. carriers.
• My consent to receive SMS messages is not a condition of purchasing any goods or services from The Fulcrum.
• The Fulcrum will not share my phone number with third parties for their marketing purposes without my explicit consent.
I acknowledge that I have read and agree to The Fulcrum's Privacy Policy regarding the collection, use, and protection of my phone number and text message data.
MISCELLANEOUS
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Ada County, Idaho, and I hereby consent to the exclusive jurisdiction of such courts.
GUARANTEE
The Fulcrum (the "Company") offers a limited money-back guarantee (the "Guarantee") for eligible members of The Fulcrum community (the "Program") as follows:
If, during your first full year of active paid membership in the Program (the "Guarantee Period"), you do not make or save at least Five Thousand U.S. Dollars ($5,000.00) in net financial benefit directly attributable to the tax strategies, real estate investment opportunities, business growth strategies, wealth-building techniques, private market deals, or other tools and information provided through the Program, the Company will refund 100% of the membership fees you paid during the Guarantee Period, upon timely and proper claim as set forth below. No questions asked beyond verification of eligibility.
Eligibility and Conditions:
You must be a paid member in good standing throughout the entire Guarantee Period and remain continuously enrolled without cancellation or lapse.
You must actively participate in the Program, including but not limited to: attending or viewing recommended trainings/webinars, implementing provided strategies in good faith, and pursuing applicable deals, tax optimizations, or business growth opportunities made available through the Program.
"Make or save at least $5K" means verifiable net financial benefit realized during the Guarantee Period, such as:
• Actual tax savings achieved and documented on filed tax returns (e.g., reductions in tax liability via legal optimizations taught in the Program);
• Net profits or returns from real estate investments, private market deals, or opportunities sourced directly through the Program;
• Measurable business revenue growth or cost savings directly attributable to business strategies implemented from the Program; or
• Other direct financial gains explicitly tied to Program strategies.
Indirect, unrealized, or speculative benefits do not qualify. All claims must be supported by reasonable documentation (e.g., tax returns, account statements, deal closing documents, business financial records).
Claim Process:
Claims must be submitted in writing via email to [email protected] no earlier than the end of your Guarantee Period and no later than thirty (30) days thereafter.
Your claim must include:
• Your full name and proof of continuous paid membership;
• A detailed explanation of the strategies you implemented;
• Supporting documentation demonstrating that, despite good-faith implementation, you did not achieve at least $5,000 in qualifying net financial benefit.
• The Company will review claims in good faith and issue approved refunds within sixty (60) days of receipt. Refunds will be issued via the original payment method (or equivalent if not possible).
Exclusions and Limitations:
This Guarantee applies only to membership fees paid directly to the Company for the Program and does not cover any third-party costs, losses, taxes, penalties, or other expenses.
The Guarantee is void if you violate these Terms and Conditions, engage in illegal activity, or fail to comply with Program guidelines.
This Guarantee is personal and non-transferable.
The Program remains for informational and educational purposes only, as stated elsewhere in these Terms. This Guarantee does not constitute a warranty of specific financial results, which depend on individual circumstances, market conditions, and implementation.
This Guarantee represents the sole and exclusive remedy for any dissatisfaction with financial outcomes from the Program and supersedes any other representations regarding refunds or results.
BY ACCESSING OR PARTICIPATING IN ANY WEBSITE, APPLICATION, WEBINAR, FORUM, COMMUNITY, OR OTHER EVENT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY THE TERMS AND PROVISIONS OF THIS RELEASE.