Business Made Simple’s Small Business Flight Plan Coaching Certification Licensing Agreement

1. Agreement made between Donald Miller Words, LLC (hereafter Coach Builder, we, or us) and Coach (hereafter Coach or you). 

Terms for Business Made Simple’s Small Business Flight Plan Certified Coach License

Pending Coach’s agreement to the terms in this Agreement, as well as completion of the certification training and assessment, this Agreement certifies Coach as a Small Business Flight Plan Certified Coach. The term of this Agreement shall remain active as long as the Coach’s Coach Builder membership remains active. For full details regarding renewal terms, please review the Coach Builder Cancellation Policy. 

This Agreement incorporates the Coach Builder Terms, Online Services Cancellation Policy, Terms & Conditions, and Privacy Policy, as they may be amended from time to time in accordance with their terms (the “Additional Terms”), and by executing or otherwise signifying your acceptance of this Agreement, you agree to be bound by the Additional Terms.

What is a Small Business Flight Plan Certified Coach? 

An individual trained and licensed by Coach Builder to coach their clients through running and growing their business using Business Made Simple’s Small Business Flight Plan Operating System.

Ownership and Rights of Usage 

Coach Builder maintains ownership of all intellectual property content and rights. The Coach is licensed during the term to use the Small Business Flight Plan Coaching Certification materials to fulfill their duties and utilize the accompanying privileges as a Small Business Flight Plan Certified Coach. It is expressly agreed that the purchase of a license is not a purchase or transfer of ownership of any proprietary materials or intellectual property.

Intellectual Property License Notice 

Becoming a Small Business Flight Plan Certified Coach creates a limited, revocable license for the use and presentation of Small Business Flight Plan Coaching Certification materials exclusively as provided herein. All other rights are expressly reserved by Coach Builder. The Small Business Flight Plan Coaching Certification materials are protected in whole and/or in part by state and federal copyright laws, trademark laws, and international treaty provisions. All title and copyrights in and to the Small Business Flight Plan Coaching Certification materials, including but not limited to any images, photographs, animations, video, audio, music, text, electronic applications, and accompanying printed materials incorporated into Small Business Flight Plan Coaching Certification materials and any copies of materials associated with the Small Business Flight Plan Coaching Certification materials, are owned by Coach Builder. No one is authorized to copy any audio, video, lesson, or Small Business Flight Plan Coaching Certification materials without the prior written consent of Coach Builder. If violated, Coach Builder may commence civil action seeking monetary damages, attorneys’ fees, injunctive relief, and, in appropriate circumstances, criminal prosecution, with all reasonable legal and attorneys’ fees to be paid by the infringer and/or third parties.

Resources included with the Small Business Flight Plan Coaching Certification 

• One (1) license to the Small Business Flight Plan Coaching Certification 
• One (1) directory listing on HireACoach.com
• One (1) seat to Small Business Flight School

Affiliate Commissions

As a Small Business Flight Plan Certified Coach, you will receive a commission for the following items when you sell them using your custom affiliate URL. Purchases made without the affiliate URL will not be eligible for commissions.

• • Live StoryBrand Marketing Workshop, $250 USD per registrant
• • Business Made Simple Subscription, 50% commission for the initial sale, then 25% for client renewals
• • Small Business Flight School, $1,950 USD for a $2,495 USD sale, or $1,750 USD for a $2,200 USD sale

To note:

*Commissions for all items are paid on the 15th of the following month, no sooner than 15 days after the completion of the event.

*Commission links are tracked through the use of cookies. If your client has a cookie blocker on their computer, declines the cookies, clears their cookies, or changes devices, the Coach will not receive commission or credit for that sale. The affiliate cookie expires after 90 days.

Intellectual Property Usage

Coach Builder and Business Made Simple have partnered together to offer the Small Business Flight Plan Coaching Certification. Through this certification, you are equipped to offer the following products using the provided Small Business Flight Plan Coaching Certification materials:

• • Small Business Flight Plan Workshop, Mastermind, 1:1 Coaching, or Lead-Generating Keynote
• • Guiding Principles Workshop, Mastermind, or 1:1 Coaching 
• • Clarify Your Message Workshop, Mastermind, or 1:1 Coaching 
• • The Customer is the Hero Workshop, Mastermind, or 1:1 Coaching 
• • Product Optimization Workshop, Mastermind, or 1:1 Coaching 
• • Management & Operations Workshop, Mastermind, 1:1 Coaching, or Fractional COO
• • Small Business Cash Flow Workshop, Mastermind, or 1:1 Coaching

There are, however, limitations to how this intellectual property may be used. 

You agree that you will not, and that you will not permit any third party to, do any of the following:

1 – Record or distribute digital, audio and/or visual copies or recordings of the Small Business Flight Plan Coaching Certification materials or any workshops using the same, including without limitation, digitally posting, reverse engineering, copying, or distributing any of the foregoing on any web platform, YouTube, social media, or other means of digital dissemination, or otherwise reproduce, copy, or disseminate Small Business Flight Plan, Business Made Simple, StoryBrand, or Coach Builder materials in any manner or medium not authorized by Coach Builder;

Recording of 1:1 coaching sessions and mastermind sessions by the coach is allowed, provided that such recordings are shared solely as replays with the respective group of clients involved in the original session, allowing them to revisit the content. However, these recordings shall not be made available for access by any broader audience, including individuals who are not part of the original session or mastermind group, nor uploaded to any general community platform where they would be accessible to others in the future. This restriction ensures that replay access remains exclusive to the clients originally engaged in each specific session or mastermind group.

2 – Use any of the Small Business Flight Plan Coaching Certification materials, including without limitation, referencing content from books, keynotes, sales and marketing materials, or the Coach Builder platform, without proper attribution to Business Made Simple, StoryBrand, and/or Coach Builder;

3 – Register or use domain names containing the terms “Business Made Simple,” “Small Business Flight Plan,” “Made Simple,” “Marketing Made Simple,” “StoryBrand,” “Clarify Your Message,” “The Customer is the Hero,” “Small Business Flight School,” “Flight School,” “Flight Plan,” “Coach Builder,” or any additional phrases, taglines, or slogans of Coach Builder, Business Made Simple, or StoryBrand, or use the foregoing as social media handles, group names, headline copy for paid advertisements, or similar uses;

4 – Claim or purport to speak on behalf of Business Made Simple, StoryBrand, or Coach Builder, be a representative of Business Made Simple, StoryBrand, or Coach Builder, or claim or imply that you are in any way employed by Business Made Simple, StoryBrand, or Coach Builder;

5 – Enter into or attempt to enter into any contracts, obligations, or pledges of any nature that purport to bind or create obligations, liabilities, or responsibilities on the part of Coach Builder, Business Made Simple, or StoryBrand; 

6 – Create, produce, develop, market, distribute, sell, or distribute any materials or products that teach the Small Business Flight Plan Coaching Certification materials, other than materials or products expressly authorized by Coach Builder;

7 – Direct paid advertisements to Coach’s profile on HireACoach.com;

8 – Use the Small Business Flight Plan Coaching Certification materials in any way that, in the sole discretion of Coach Builder, does or could damage the reputation or goodwill of Coach Builder, Business Made Simple, or StoryBrand;

9 – Remove the copyright, trademark, or other ownership or rights designations or indicia from any of the materials provided by or on behalf of Coach Builder, Business Made Simple, or StoryBrand, or display any materials in any way that implies Coach created such materials;

10 – Change, modify, edit, transfer to another format, add to, or alter in any way Small Business Flight Plan Coaching Certification materials (other than adding your logo or Coach badge) without the express written consent of Coach Builder;

11 – Use the Business Made Simple, StoryBrand, and/or Coach Builder logos in any way aside from on provided materials;

12 – Display Small Business Flight Plan Certified Coach badge after term has expired;

13 – Bind Business Made Simple, StoryBrand, and/or Coach Builder to any contract, obligation, or pledge of any nature. Coach is prohibited from entering into any agreements or making any representation that may infer liability or cause financial responsibility on behalf of Business Made Simple, StoryBrand, Coach Builder, their employees, or assigns;

14 – Make any statement or representation that would suggest or state that the Coach is employed by Business Made Simple, StoryBrand, and/or Coach Builder, or is otherwise an agent for Business Made Simple, StoryBrand, and/or Coach Builder;

15 – Teach the Small Business Flight Plan Coaching Certification materials or any other content within Coach Builder in podcast interviews or other media appearances;

a. NOTE: We do encourage Coaches to talk about the Small Business Flight Plan and/or Business Made Simple on podcast interviews and other media appearances as long as Coach gives credit to Business Made Simple, StoryBrand, and/or Coach Builder.

16 – Violate the Certified Community Commitment.

Quality Control

Coach shall maintain the distinctiveness and reputation of the Business Made Simple and StoryBrand brands and ensure that the services provided by Coach under or in connection with the Small Business Flight Plan Coaching Certification are of an excellent quality consistent with or better than industry standard. Coach Builder has the right to inspect Coach’s services and its use of any Small Business Flight Plan Coaching Certification materials to ensure the quality of the same. In the event Coach Builder determines, in its sole discretion, that Coach has failed to satisfy the usage and quality requirements in this Agreement, including any obligations under this section, Coach Builder may notify Coach of such determination, and Coach shall use best efforts to cure such objection within thirty (30) days. If Coach does not cure such objection, or if Coach Builder determines in its sole discretion that such objection cannot be cured, Coach Builder may terminate this Agreement and the license granted herein with no further responsibility or liability to Coach.

Assignment

The limited rights granted to Coach hereunder are not assignable or transferable absent the express written Consent of Coach Builder. Any unauthorized transfer or assignment will be deemed void.

No Warranty

The Coach Builder sites, their content, and all services, materials, and products associated with the sites or any content or materials provided, including without limitation the Small Business Flight Plan Coaching Certification Materials, are provided on an “as-is” and “as-available” basis. Coach Builder makes no representations or warranties of any kind, express or implied, as to the content or operation of the sites or of the services. Coach expressly agrees that their use of Coach Builder’s sites or services is at their sole risk.

Coach Builder makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the sites or of the services, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. Coach Builder makes no representation, warranty, or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. Access and use of the Coach Builder sites may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of the sites, or other actions that Coach Builder, in their sole discretion, may elect to take.

Indemnity and Waiver

Without waiving any other limitations or indemnity rights of Coach Builder herein, Coach Builder assumes no liability and Coach waives any claim against Coach Builder for Coach’s use of any training or materials, including any claims by individuals arising from Coach’s consulting activities. Coach hereby releases, indemnifies, and holds Coach Builder harmless from any and all claims related to Coach’s use of the training, materials, or any other claim arising from or related to any aspect of Coach’s activities. Coach agrees to indemnify and hold Coach Builder, and their Affiliates, Officers, Agents, Employees, Members, and Third-Party Vendors harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of Coach’s use of Coach Builder’s sites, services, materials, or breach of this Agreement (collectively referred to as “Claims”). Coach Builder reserves the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any Claims. Coach agrees to reasonably cooperate as requested in the defense of any Claims.

Neither Coach Builder, nor any third-party vendor shall be responsible or liable to Coach or to any third party, whether in contract, warranty, or tort (including negligence) arising in whole or in part from Coach’s access to Coach Builder’s site, use of their services or materials, or this agreement.

Subject to applicable law, Coach Builder is not liable for any of the following: (a) any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including but not limited to loss of profit, revenue, or business; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet system requirements; (c) damages or losses related to professional services or advice of third parties, including advertisers. The above limitations apply even if Coach Builder has been advised of the possibility of such damages. This agreement sets forth the entire liability of Coach Builder and is Coach’s exclusive remedy with respect to the services and materials referenced herein. In no event may Coach bring any claim or cause of action against Coach Builder more than one year after such claim or cause of action arises.​

The maximum amount to which Coach Builder and their affiliates, officers, employees, agents, and third-party vendors may be liable to Coach in any circumstance shall not exceed the lesser of (a) the sums paid by Coach in the preceding twelve (12) months for services or materials or (b) five hundred dollars ($500 USD).

Relationship of the Parties; Required Disclaimer

Coach agrees that Coach Builder may use Coach’s feedback, suggestions, Circle profile avatar, and ideas in any way, including in future modifications of materials, other products or services, advertising, social media, and marketing. Coach grants us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback Coach provides to us in any way.

Nothing herein shall be construed as an employment or agency relationship between the parties. Coach will in no way be entitled to act on behalf of or otherwise bind Coach Builder to any obligation or liability whatsoever. These parties at all times are independent contracting parties.

Termination

Coach Builder may terminate training, any service, license, or any privilege (e.g., Hire a Coach Directory listing) without liability or refund of any fees to Coach as follows:

Coach Builder may terminate training, any service, license, or any privilege without cause, but in doing so, would offer a refund equal to the First Year payment amount if termination occurs within one year of the certification date. If termination without cause occurs anytime after the first renewal date and Coach has paid their renewal fee (and is therefore an active Coach), a refund equal to the latest Annual Renewal payment amount will be made. Termination without cause refunds will be made within thirty (30) days from the date Coach is notified via email of their termination.

Additional information outlining Coach termination and refund policies can be found at https://coachbuilder.com/online-services-cancellation-policy/.

Governing Law and Venue

This Agreement, all transactions or other interactions between and among the parties will be governed by the laws of the State of Tennessee without regard to its conflict or choice of laws provisions. Any dispute with Coach Builder, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement will be resolved exclusively through the state or federal courts located in Davidson County, Tennessee.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.​

If Coach Builder does not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on Coach Builder’s part will not serve as formal waiver of our rights and that those rights or remedies will still be available to Coach Builder. ​

All covenants, agreements, representations, and warranties made in this Agreement shall survive Coach’s acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between the parties regarding the subject matter of the same, and supersedes all other previous agreements.

Coach Builder may modify this Agreement from time to time. Coach is deemed to accept and agree to be bound by any changes to the Agreement when Coach uses our services and materials.

By executing or otherwise signifying your acceptance of this Agreement you acknowledge that you understand the above and are competent to enter into this binding Agreement.