Contemporary Romance Novel Mastermind – Service Agreement V9

Released: 22nd February 2025 

 

Hi, I’m Sandy Vaile founder of Fearless Prose, which is the trading name for the Australian Business Number 13 748 273 661, situated at 8 Jayden Court, McLaren Flat, South Australia 5171.

You can contact me any time with questions or concerns at [email protected].

The Fearless Prose team (Us/We/I/the Organisation/Coach) is looking forward to working with You during the Plan, Write and Finish a Contemporary Romance Novel Publishers Can’t Resist mastermind (the Mastermind/Contemporary Romance Novel Mastermind), so You (You/Your/Yourself/the Client/Participant) can write fiction that is worthy of publication. We commend You for taking this first brave step to making Your dreams a reality.

Please read this Agreement carefully and email [email protected] if You have any questions.

Once You understand and agree with these Terms, process payment to gain access to the Mastermind and start your journey to finishing an irresistible contemporary romance novel. 

1.    Agreement Acceptance

By requesting that I provide the Mastermind to You, You agree that the following Terms shall apply to any Contract formed between Us in relation to the Services, and that such Terms shall take precedence over any other Terms or industry practices.

In order to get the most out of the Mastermind, it’s important we share an understanding of how we’ll work together, our respective roles and responsibilities, which are outlined in this Agreement.

By purchasing this Mastermind, You acknowledge that You have read, understood and agree to all of the Terms in this Service Agreement (Agreement/Contract).

2.    Agreement Conditions

2.1.Agreement Commencement

This Agreement will commence when You agree to these Terms by making payment in line with the Payment and Investment section.

2.2.Termination

If either of us want to terminate the Contract at any time, we both agree to notify the other party at least seven (7) days in advance via email, and to confirm receipt of that email. Unless a breach of conduct or Contract has occurred, and Sandy Vaile chooses to immediately terminate Your access.

Also see the Communications section.

2.3.Contract Assignment, Survivability and Waiver 

a)  This Contract contains our entire agreement. This Contract may be modified or amended at any time, so long as the amendment is in writing and You are notified.

b)  You may not assign Your rights or obligations under this Contract to anyone else, and the obligations under this Contract shall survive indefinitely unless otherwise stated in this Contract.

c)  This Agreement will continue for the duration of Your access to the Mastermind, including the twenty-four (24) weeks of Mastermind content, extended access to any group coaching sessions or Materials, or termination as set out in these Terms.

d)  Even after termination by either party, all of the Terms of this Contract, including the Intellectual Property and Payment Terms, will apply to both of us now and in the future.

e)  If We chooses to waive or not enforce one or more of these Terms, it does not in any way limit Our right to later enforce every part of this Contract.

2.4.Outcome Liability and Claims

I have designed the Mastermind to step You through the skills and actions required to plan and write the first draft of a cohesive conflict-driven novel. I want You to succeed! However, no guarantees can be made about specific results You will experience because it is affected by:

• Your existing skills and knowledge.
• Your ability to learn and apply the techniques.
• Your effort in completing all of the lessons, assignments and coaching sessions.

You acknowledge that You are solely responsible for making Your own decisions, which suit Your beliefs and situation, and for achieving Your own results.

You understand that there is no guarantee of a publishing contract or earnings as a result of this Mastermind.

You agree to hold harmless, indemnify and release Us from all liability, damages, allegations, suits, claims and demands whatsoever, in law or equity, that You ever had or may have against Us in the future, which may arise from Your participation in the Mastermind to the extent permitted by applicable law.

You agree not to hold Us or any company I am affiliated with, liable for any outcomes resulting directly or indirectly from the coaching process.

2.5.Governing Law

The laws of South Australia govern this Agreement. You and We submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

3.    Mastermind Inclusions

The 24-week Plan, Write and Finish a Contemporary Romance Novel Publishers Can’t Resist Mastermind includes:

a)  Pre-recorded video lessons and some live training for You to complete in your own time.

b)  Resources, e.g. workbooks, checklists and templates, which support the lessons and make it simple for You to make valuable progress. (Why reinvent the wheel when We have already tried and tested these Resources, right?)

c)  Private coaching sessions, delivered approximately every four (4) weeks via Zoom meetings. You are responsible for booking these meetings in Your Coach’s calendar.

• We reserve the right to change the date, time and/or venue of an individual coaching session for any reason, including circumstances that are outside of our control, e.g. power outages, although We will endeavour to provide advance notice.
• We do not take any responsibility for electronic, internet connection, power or software outages or malfunctions at either end.
• You will receive a confirmation email with the meeting link and it is Your responsibility to attend at the scheduled time.
• If You are late to a scheduled session, the duration of that session will be reduced by that time.
• If You do not attend the scheduled session, without at least twenty-four (24) hours’ notice via email, text or Messenger, You will forfeit the session, unless Your coach agrees to reschedule.
• We do not take any responsibility or offer any discount if You cannot attend these sessions but will work with You as far as practicable to ensure You can have them, because individualised feedback is central to keeping You focused on what’s important to Your writing process and clarifying specific areas to work on.

d)  Group coaching sessions delivered via Zoom meetings, at times and dates that are pre-scheduled by Us. All sessions will be recorded and made available to all Mastermind participants to watch at a later date.

• We reserve the right to change the date, time and/or venue of a group coaching session for any reason, including circumstances that are outside of our control, e.g. power outages, although We will endeavour to provide advance notice.
• We do not take any responsibility for electronic, internet connection, software outages or malfunctions.
• It is Your responsibility to attend at the scheduled time. You are welcome to attend as many, or as few, group coaching sessions as You like, during the Mastermind.
• We do not take any responsibility or offer any discount if You cannot attend group coaching sessions but will make recordings available for viewing at a later date.

e)  Entry into Sandy Vaile’s private Facebook group where You can ask questions, share wins, receive and offer community support each week. This is not a place to air grievances or complain.

• You are expected to behave in a manner that respects the different skill levels, ideas and beliefs of other participants and not to post anything that may be considered offensive by another participant. If You are not sure if something is appropriate to post, contact Us for clarification.  

f)  Unlimited support via email [email protected] and Messenger, during Our Australian business hours.

4.    Mastermind Access

Once full payment or the first instalment payment has been successfully processed (reference all of the Payment and Investment clauses), You will automatically be granted access to the web-based Fearless Prose training platform, through which the Mastermind will be delivered and You can access communications, educational material, documents and resources.

a)  You will set-up a unique username and password to access the Fearless Prose training and it is Your responsibility to keep it secure.

b)  After twenty-four (24) weeks, Your access to coaching sessions, feedback and support included in the Mastermind will cease; however, you will retain access to the recorded lessons and materials for the life of the Mastermind, unless Your access is terminated under the Terms of this contract.

c)  If this Contract is terminated under the Terms of this agreement, Your access to the Mastermind and Training platform will be revoked.

4.1.Failed Agreement

If You fail to make a payment, in line with the Payment and Investment clauses, Your access to the Mastermind and all of the lessons, materials and support associated with it will be revoked.

4.2.Delayed Start Access

If You request and We agree to delay the date You start the Mastermind, You will not be granted access to the Mastermind prior to the start date, in line with the Delayed Start Date clause.

4.3.Paused Access

 a)  Paused By You

We understand that sometimes an acute situation may temporarily prevent Your involvement in the Mastermind, e.g. a death in the family, chronic illness or pre-booked holiday that You told Us about prior to commencing the Mastermind.  

If You request and We agree to pause Your participation, Your access to the Mastermind private and group coaching sessions, and messages to Us will be revoked for the entirety of the agreed period.

This pause will not affect nor pause Your payment obligations.

b)  Paused By Us

From time to time, We may need to pause the Mastermind, i.e. private and group coaching sessions, and messages to Us. This may happen during the festive season, for planned travel, accidents or illnesses.

When this happens:

• We will notify you as early as possible of the start and end dates.
• You will still have full access to the Mastermind lessons and materials that have been delivered to that point.
• The duration of the Mastermind will be extended by the same pause period, so you won’t miss out on anything.

5.    Payment and Refunds

5.1.Investment

You agree that You are financially willing and able to invest in this Mastermind and are doing so by choice and that by doing so You are not incurring economic hardship. You understand and agree that by enrolling in this Mastermind, You are committing to make the following payments in total, exclusive of government taxes.

All payment amounts are in Australian dollars (AUD) and any international transaction fees that You may incur are Your responsibility.

5.2.Payment Terms

You can choose to pay in full or in four (4) monthly instalments, as specified below.

5.3.Delayed Start Date

If You have requested and We have agreed to delay Your start date, You must pay a non-refundable deposit of $500 AUD to hold Your place in the Mastermind.

Also reference the Refund Policy clause.

5.4.Payment Options

a)  Payment Option 1: Pay in Full

The agreed investment is a single payment, reduced by the amount of any deposit that has already been paid.

b)  Payment Option 2:  Four (4) Instalments

The agreed investment is paid in four (4) monthly instalments , reduced by the amount of any deposit that has already been paid. By paying in instalments, You accept that you may pay more in comparison to Option 1. Instalment payments will be automatically deducted from Your agreed credit card on the same date each month.

If an instalment payment fails due to lack of funds in Your bank or some other issue, a $50 AUD administration fee may be charged to process the payment again. If the payment continues to fail, Your access to the Mastermind will be revoked; however, this does not terminate your financial liability for the remaining payments.

5.5.Guarantee  

In order for You to feel completely comfortable with Your decision to participate in the Mastermind, We want to remove any financial risk You may perceive by offering this limited guarantee.

If, within the first thirty (30) days of Your participation in the Mastermind, You have completed all of the lessons and activities in Module One (1) and You do not believe the Mastermind is right for You, just let Us know via email to [email protected] and We will promptly refund the refundable amount.

 5.6.  Refund Policy

If You choose to delay your start date, the deposit of $500 AUD is non-refundable under any circumstances.

All other Mastermind fees are non-refundable after the first thirty (30) days from Your start date, which does not affect Your statutory rights. Refunds will only be issued in line with the Guarantee clause or as otherwise entitled under law.

6.    Communication and Conduct  

Throughout the Mastermind, We will engage in frank and personal conversations with You and expect honesty, openness and prompt reporting of any issues.

Coaching Services are not in any way to be construed as advice, psychotherapy, legal counsel, counselling, medical consultation or treatment; therefore, You agree that I am not responsible for Your physical, mental, emotional, spiritual or financial wellbeing, or any other result or outcome that You may experience through this Mastermind.

6.1.You can count on Us to:

a)  Be honest and straightforward in asking questions and making requests, including providing honest feedback and suggested improvements. Listen carefully to what You say and ask questions that increase awareness, with the purpose of empowering You to attain the results You desire.

b)  Answer Your questions promptly during Our Australian business hours (travel, sickness and other unexpected circumstances not permitting). If Your question requires a lengthy response, You may be directed to wait until the next group or individual coaching session to discuss it.

c)  Provide a safe, encouraging and supportive environment in which You can learn fiction writing skills and gain clarity about Your writing process.

6.2.Your responsibilities and expectations:

a)  Communicate with Fearless Prose team members and other Mastermind participants in an open, honest and respectful manner.

Remember, there are no silly questions, only learning opportunities. I am here to hold Your hand every step of the way, to make sure You get the most out of this Mastermind and come out the other side feeling confident that Your fiction is worthy of publication.

Also see the Communications clause.

b)  You need to actively participate in all aspects of the Mastermind, complete the lessons and activities, commit regular time to work on your book and retain a positive attitude.

c)  Report any complaints or issues promptly to Us.

I want to provide You with the support You need to build Your confidence and skills. Remember, I’m a storyteller too, so I understand how much of our heart and soul goes into fiction writing. This Mastermind is a safe place for You to experiment with storytelling skills and it’s important that You feel comfortable to participate.

Sometimes receiving feedback on Your work or being pushed slightly outside of Your comfort zone by Your coach — in order to assist You in improving Your writing to the next level — feels uncomfortable, no matter how sympathetically it is given. If any feedback or coaching upsets You or does not feel right, please let Us know right away. Usually, a discussion to clarify how it will help You, why it feels uncomfortable or other ways to approach it, will resolve the situation.

Also see the Dispute Resolution section.

d)  Make the most of the private Facebook group by participating in discussions with others and maintaining their confidentiality.

Do not use the private Facebook group as a platform to complain, disparage, bully, air grievances or promote Your own products/services.

Please note, however, that whenever You share information in group settings, i.e. during the group coaching sessions or in the private Facebook group, You are aware that We cannot guarantee confidentiality of the information You voluntarily share with other Mastermind participants.

e)  Take ownership for Your decisions, progress, results and risks.

f)  You acknowledge that You take full responsibility for Yourself and all decisions made before, during and after the Mastermind.

g)  You accept full responsibility for Your choices, actions and results before, during and after the Mastermind.

h)  You knowingly assume all of the risks of the Mastermind related to Your use, misuse or non-use of the Mastermind, the Fearless Prose Training platform or any of the materials, resources and coaching.

i)  You agree to:

• Take the actions required by the Mastermind, including completing the lessons, activities, assignments and actions agreed with Your coach. Also see the Outcome Liability and Claims
• Be open to honest feedback and suggested improvements to Your writing.
• Turn off all distractions and be attentive during coaching sessions.
• Take responsibility for Your individual coaching sessions by arriving on time. If You can’t attend a scheduled individual coaching session, provide at least twenty-four (24) hours’ notice to reschedule the appointment. If You cannot provide twenty-four (24) hours’ notice, We may choose to conduct Your coaching via an email exchange.
• Participate in or watch the recordings of some of the group coaching sessions.

6.3.Communications

All general correspondence or notifications associated with the Mastermind:

a)  To You, shall be made to the email address You provided during Your enrolment in the Mastermind or as updated by You in the Fearless Prose training platform. If Your billing or contact information, e.g. email address, changes at any time during the Mastermind, it is Your responsibility to update that information in the Fearless Prose Training platform immediately, to ensure continuity of service, payments and communications.

b)  By You, either via the Fearless Prose Training platform messaging system, Messenger or email to [email protected].

7.    Confidentiality

7.1.Personal Information

The Organisation represents, warrants and agrees that Personal Information provided by You, to the Organisation during the course of the Mastermind, will be kept strictly confidential.

Confidentiality of Your personal details is important to Us and will be collected and used in line with the Privacy Policy available on Our website. I reserve the right to change this Privacy Policy at any time and changes become effective once posted on Our website. 

I will not disclose Your Personal Information outside of the Fearless Prose team unless:

a)  Required by law to disclose it.

b)  You provided Us with prior written permission for a third party who has a legitimate reason to know such information.

c)  It was known to the Organisation prior to discussions regarding this Contract.

d)  It was publicly disclosed by You.

e)  It was developed by the Organisation without any access to Confidential Information.

f)  It was rightfully obtained by the Organisation from a third party who was lawfully in possession of the Confidential Information and therefore also bound by confidentiality obligations to You.

7.2.Discussion of the Mastermind

You are free to discuss Your participation in and general outcomes of the Mastermind and Your coaching sessions with anyone at any time, providing You do not share specific lesson information or resources, which are Our intellectual property, i.e. videos, lessons, handouts, workbooks, checklists, images, text, resources.

Also reference the Intellectual Property Rights section.

7.3.Use of Verbal, Video and Written Quotes and Testimonials

We love to share the success of participants so reserve the right to share outcomes, progress and verbal or written testimonials given by You during the Mastermind or interactions with Us, attributed to You, within the private Facebook group and Sandy Vaile’s personal Facebook profile.

a)  Progress, outcomes or testimonials will not be attributed to You on public pages without Your written consent.

b) Private coaching sessions will be recorded, and made available to You exclusively. If parts of these recording are suitable for testimonials, Your written or verbal consent will be sought.

c)  Group coaching sessions will be recorded, and made available to other Mastermind Participants.

d)  You grant Us perpetual, irrevocable, worldwide and royalty-free license to use positive/helpful comments You make during group coaching, social media posts, and Your general Program results, for marketing purposes.

e)  We reserve the right to delete or destroy video recordings and submitted content at Our sole discretion and without notice.

8.    Intellectual Property Rights

You agree that We retain all ownership and intellectual property rights to the Mastermind content and materials that are provided to You, including all copyrights and trademarks belonging to the Organisation.

The Mastermind content and materials are being provided to You for Your individual use only and with a single-user license, which means that You are not permitted to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Mastermind content or materials, electronically or otherwise:

a)  For commercial use or in any way that earns You money, without Our prior written permission.

b)  With any individual not currently participating in the Mastermind, without Our prior written permission.

8.1.Your Copyright  

We recognise that any stories, or part thereof, You write during the course of the Mastermind, will remain Your copyrighted material and agree not to share them with a third party outside of the Organisation, without your prior written permission.

9.    Non-Disparagement

If there is an issue, complaint or dispute between us, You agree to not publicly or privately make any negative or critical comments about the Mastermind, the Organisation or individuals in it, or to communicate with any other individual, company or entity in a way that disparages the Mastermind or harms Our reputation in any way, including on social media.

You are not prohibited from sharing Your thoughts and opinions in arbitration or when required by law.

10.   Dispute Resolution  

If there are any disputes, ideally they will resolved amiably through open, honest and respectful written correspondence between Us and You.

a)  However, if a resolution is not agreed between Us and You and one of us wishes to take further action, You agree now that the only method of legal dispute resolution used will be binding arbitration before a single arbitrator, jointly selected by Us and You in accordance with Australian law.

b)  You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of Your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You, unless otherwise provided by Australian law.

c)  You agree that the decision of the arbitrator is final and binding and may be entered as a judgment into any court that has the appropriate jurisdiction.

d)  You also agree that should arbitration take place, it will be held in South Australia, which is the principal place of business for the Organisation.