Terms of Services - VIP Package


  1. This REAL ESTATE TRAINING AGREEMENT (herein referred to as “Agreement”) is made and entered into by and between the Real Estate Training Company: Owner Finance Academy LLC, (or “Owner Finance Academy” or “OFA”) and its subsidiaries with representative offices at 8600 Freeport Parkway, Suite 100, Irving, Texas 75063 and the Investor (herein referred as the” Investor”), as designed below.

 

VIP Module of the Investor Accelerator Training Purchase Terms and Conditions

 

  1. Product: Purchase by the Investor of Acquisition Boot Camp of the Investor Accelerator Training (hereinafter referred to as the “Product”) provides for access to the next available and access to all subsequent Acquisition Boot Camps via two (2) VIP Passes. The Acquisition Boot Camp of the Investor Accelerator Trainings are conducted at various times and locations across the Dallas Fort Worth area. Owner Finance Academy reserves the sole right to schedule and conduct the Acquisition Boot Camps in any other venues around the state of Texas and other areas around the country.

 

  1. Payment: As the Investor, if you use a credit card, your credit card to purchase this Product you will be charged immediately upon submission of the order for the Product. Should you initiate a chargeback with your financial institution after agreeing to these terms and thus entering into a legal contract, you will be subject to collection proceedings for the full amount due plus chargeback fees and damages. You agree to pay all costs incurred to collect such debt including, but not limited to, collection costs, attorneys’ fees, and court costs.

 

  1. Copyright: This entire product and all related materials are protected by copyright law. Any unauthorized copying or use is a violation of the United States Copyright Act and may result in civil or criminal penalties. Making a physical, digital, or a computer-generated copy is prohibited. Any copying or use of any materials appearing in this product without prior, written consent of Owner Finance Academy is strictly prohibited. Modification of the materials or use of any materials for any purpose is prohibited.

 

  1. All rights not specifically mentioned here are reserved by Owner Finance Academy LLC.

 

  1. By using this product, Investor agree that Investor will not create, formulate, or contribute to any informational product based on the information contained in this product, or on our site or e-mails. Our materials, systems, and techniques cannot be added to or used in any courses, e-zine, articles, e-zines, printed books, e-books, or any other format now or existing in the future, whether the work is for a charge or for free.

 

  1. VIP Passes may be revoked with denial of admission to the Acquisition Boot Camp of the Investor Accelerator Training for “cause” with no compensation or refund. “Cause” shall include, but is not limited to, disorderly conduct at the Acquisition Boot Camp of the Investor Accelerator Training, engaging in photography, or reproduction of any kind of the Acquisition Boot Camp of the Investor Accelerator Training, violation of any of the Company’s or facility’s rules and regulations. By attending this Acquisition Boot Camp of the Investor Accelerator Training, Investor authorizes the Company to take photographs and make both audio and video recordings of the Acquisition Boot Camp of the Investor Accelerator Training that may include the voice, image or likeness of the Investor. By attending an Acquisition Boot Camp of the Investor Accelerator Training, Investor also irrevocably authorize Company, its agents, representatives, successors and assigns to use, in perpetuity, in any manner whatsoever, all or a portion of any photographs and audio/video recordings in which Investor appears, and any comments, statements, or testimonials Investor makes while attending the Acquisition Boot Camp of the Investor Accelerator Training. Such photographs and recordings may be used by Company, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, product development, marketing and advertising of Company Events, events and products, or for editorial purposes. OFA may further revoke a VIP Pass if in OFA’s sole determination, they determine that Investor has been speaking despairingly or disseminating despairing information about the Owner Finance Academy, LLC, their affiliates, members or managers.

 

  1. Investor understands and agrees that Investor are not entitled to any compensation for the use of any photographs or audio/video recordings in which Investor may appear. Investor irrevocably releases Company, its principals, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages that Investor may have in connection with their attendance and or participation in this Acquisition Boot Camp of the Investor Accelerator Training and the exploitation of photographs and or audio/video recordings in any manner or format.

 

  1. Property: Investor will use their best efforts to locate real estate properties for sale utilizing the information learned in the Owner Finance Academy. An OFA representative will accompany Investor on approximately the first nine property calls using their skills in cooperation with Investor to assist Investor in the presentation and or contracting for said properties. Investor will contract for real estate properties in their names (either their personal name or a corporation that they own), and then make all properties available to be purchased by Owner Finance Homes LLC or an entity designated by Owner Finance Academy, LLC (“Investment Companies”). If the OFA designated entity purchases said property, Investor shall be paid three percent (3.00%) of the purchase price within ten (10) days of the closing of said property with the end-buyer for the first nine properties, or until such time as the Investor is competent to prosecute a lead, contract with the seller, and have the seller understand what they have agreed to on two properties. Upon achievement of this level of competency, the Investor is eligible to be offered a Partnership (as defined below), or they may choose to continue under the then current compensation structure or the Investor may choose to start and manage their own real estate investment company.

 

  1. Unlimited Lifetime Personal Coaching. For those Investor purchasing the Acquisition Module as a component of the VIP Module that reside and or desire to work in the Dallas Fort Worth area of Texas, we are offering to provide Unlimited Lifetime Personal Coaching (as defined below) without any additional charge. For those residing or working outside the Dallas Fort Worth area of Texas, this portion of the Investor Accelerator Training is not available.

 

  1. The Investment Company will have the right of first refusal to acquire all real estate properties the Investor puts under contract by using the marketing and contracting techniques from the Acquisition Module of the Investor Accelerator Training (“the Properties”) for a period of up to two (2) years from the date of the Acquisition Module of the Investor Accelerator Training or upon completing the ninth (9th) single family residential houses (placed under a purchase contract and resold by the Investment Company) which ever first occurs.

 

  1. All profits, net of assignment and marketing fees, derived from the acquisition and management of these Properties will accrue to the Investment Companies. The Investor acknowledges and agrees that the commission and or assignment fees paid in compensation for the acquisition contracting and the sales contracting of the Properties shall fully compensate the Investor for their efforts. The Investor acknowledges and agrees that the Investor has not earned nor is owed any further compensation for these Properties. The Investor also acknowledges that any financial risks associated with these Properties shall be the sole responsibilities of the Investment Companies.

 

  1. After Investor has placed nine properties under contract and assigned same to OFA, which also closes in a sale to the end-buyer using the owner finance structure, the Company may invite the investor to enter into a corporate partnership with OFA. If such partnership is offered and accepted, as Investor locates and contracts for properties, OFA and investor shall acquire said property in a designated entity. OFA, will handle all other real estate maters on behalf of the designated entity including any repairs, sale, management or loan servicing of said property. Investor shall receive sixty percent (60%) of the net cash flow and net profits generated by each property. After completing twenty single family residential properties within this partnership structure, for all subsequent properties the Investor shall receive eighty percent (80%) of the net cash flows and net profits generated by each property. The Investor shall be responsible for any expenses, cash calls, and all income tax payments for each property in the same percentage as their partnership.

 

  1. If any Investor utilizes the marketing and contracting techniques learned from the Acquisition Module of the Investor Accelerator Training and attempts to acquire and sell any Property for their personal benefit within 2- years from the date of training, the Investor shall immediately owe and pay Owner Finance Academy LLC or its designate fifty percent (50%) of the Fair Market Value of the Property. Fair Market Value shall be determined in the sole discretion of OFA, utilizing a Broker’s Price Opinion from a licensed Texas Real Estate Broker chosen and designated by Owner Finance Academy.

 

  1. Scope of Work: Investor shall be responsible for all marketing efforts, including expenses and costs incurred by Investor for such effort, receipt of contact by potential Seller, scheduling appointment with potential Seller, and contracting with Seller. Investor shall be responsible for contracting to purchase single family residential properties from Seller, then assigning the purchase contract to the Investment Company. Investment Company shall be responsible for all other functions required to monetize the purchase contract.

 

  1. Relationship of Parties: Investor acknowledges upon completion of the VIP Module of the Investor Accelerator Training, they have created and will maintain an Independent Contractor relationship with Owner Finance Academy and the Investment Companies, as defined by the Internal Revenue Code. This Agreement will not establish a partnership, agency, or joint venture between Owner Finance Academy or the Investment Companies and Investor. The Independent Contractor will not be considered under this Agreement or otherwise as having the status of an employee or be entitled to participate in any schemes, plans, arrangements, or distributions by Owner Finance Academy or the Investment Companies pertaining to or in connection with any financial benefit or benefit in kind including but not limited to stock options, bonus arrangements, profits sharing, or other benefits that may be provided from time to time by the Investment Companies. The Investor acknowledges the following:
  2. Control: Contractor has sole discretion to determine how, when, and where to perform services required to achieve the final result specified in the Scope of Work clause.
  3. Non-exclusive: Contractor has right to perform services for other clients during the term of the contract.
  4. Assignment: Contractor has the right to use employees or subcontractors to perform some or all of the duties required.
  5. Taxes: Owner Finance Academy will not withhold any income or Federal Insurance Contributions Act (“FICA) taxes or Federal Unemployment (“FUTA”) taxes from any payments to Contractor. Contractor is responsible for paying all applicable state, federal, and local income taxes.
  6. Insurance: Owner Finance Academy does not provide workman’s compensation or unemployment insurance for Contractor.
  7. Benefits: As an independent contractor, Contractor is not eligible for and has no claim to medical benefits, profit sharing, vacation pay, sick pay, or other benefits offered by Owner Finance Academy to employees.
  8. Expenses: Contractor is responsible for expenses and materials necessary to perform services required in scope of work.
  9. Training: Owner Finance Academy will not provide free training to Contractor, or employees, or subcontractors of Contractors. Any training provided to the Contractor or employees or subcontractors shall be paid for at prevalent market rates.

 

  1. Educational Information: The purpose of this product and or related materials is to educate. The author(s) and/or Owner Finance Academy shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly, by the information contained in this product. Every effort has been made to make this product and or related materials as complete and accurate as possible. Nevertheless, there may be mistakes in content. Therefore, this product should be used as a general guide and not as a sole authority.

 

  1. Owner Finance Academy is not a law or accounting firm, nor a substitute for an attorney’s or accountant’s advice. While we do provide some legal and tax related information, the information is general in nature and may not be specific or suitable to your individual situation. Nothing contained herein is intended to be, or should be taken by you as legal, investment, financial or tax advice. The recommendations in this product and or related materials are based on the author’s experience and research and are believed to be reliable and accurate, but not infallible. The examples presented in this product and or related materials have been chosen solely to demonstrate given points. Investor should conduct a thorough investigation of their applicability to your individual circumstances. Without personal knowledge of your specific personal, professional or financial background, it is impossible to offer appropriate advice specific to Investor as an individual. As such, the author(s) and Owner Finance Academy disclaim any liability, loss or risk, personal or otherwise that Investor may incur as a consequence, directly or indirectly, from the use and application of any of the contents of this product and or related materials.

 

  1. Please contact and follow the advice of a local real estate expert and local real estate attorney before beginning any real estate investment using owner financing. There are many Federal and State statutes and regulations that may materially impact the methods and structure of the transactions available in your city or state. Owner Finance Academy is not responsible for any negative consequences of the Investor that does not seek and follow the advice of a local real estate expert and local real estate attorney.

 

  1. Investor understands that all marketing and business endeavors carry risk and you freely risk any capital you may choose to spend in implementing the strategies or ideas contained within the material. All business activities require work and dedication. Investor will not hold our company liable or accountable for failure of this product to live up to your expectations or for any monetary or other losses Investor incur while engaged in the business described in this product and or related materials. Investor could lose all or part of the money that you invest in following the advice, techniques or other information contained in this product and or related materials that we sell or advice or information given on our web site.

 

  1. Investor will use your own talents to implement the systems and or techniques described in this product. We cannot represent that the average buyer will have the same results that others have had. We cannot represent that all of the information that Investor need will be contained in this product and or related materials to do this business, only that we have attempted with great effort to provide that information to you. Our company and its employees, owners, directors and/or officers make no representation as to the completeness, currency, accurateness, or the results that may be obtained from using this product and or related materials. All risk of use and performance is on Investor.

 

  1. There is no other warranty, either express or implied. Our Company / employees / officers / directors / Members / Managers / suppliers will not be liable for any damages due to loss of business, interruption of business, business profits, loss of business information, or any consequential damages. Investor’s entire remedy, as a customer, will be to receive a refund of your purchase price.

 

  1. Venue: Investor agree that by doing business with OFA, you are entering into a contract with us in Dallas County, Texas. Investor agree that the Courts in Dallas County Texas have the exclusive jurisdiction and are the exclusive venue to adjudicate any dispute regarding the interpretation or enforcement of this agreement. If any provision of this agreement is contrary to law, it will not void the agreement as a whole. Any such violating provisions will be stricken and the remainder of the disclaimer shall remain in full force and effect.

 

  1. Any controversy, claim, action, or lawsuit relating to or arising out of this Agreement, Company Rules, Policies or Procedures, or any other disagreement between the Parties shall be resolved by arbitration in accordance with the Rules for Commercial Arbitration of the American Arbitration Association. The Parties agree that the American Arbitration Association has the exclusive jurisdiction for resolving any and all claims and or disputes. Arbitration will be held in Dallas County, Texas. Texas law governs this Agreement.

 

  1. Legal Fees: If any action in law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert witness fees and other reasonable costs in addition to any other entitled relief.

 

  1. Severability: In the event that any provision of this Agreement conflicts with the law under which Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms of this Agreement shall remain in full force and effect. All provisions of this Agreement, which by their nature should reasonably survive the termination of this Agreement, shall survive the termination of this Agreement.

 

  1. Construction: If any provision of this Agreement is illegal or unenforceable, its invalidity shall not affect the other provision of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, ordinance or regulation, such provision to the extent possible shall be interpreted in such a manner to comply with such law, ordinance or regulation, or if such interpretation is not possible, it shall be deemed to be modified as necessary to satisfy the minimum requirements thereof.

 

  1. Amendment: This Agreement may not be amended or modified except by a writing signed by each of the Parties.

 

  1. By signing below, I certify that I have read and understood all terms and conditions of this agreement and I agree to abide by these terms and conditions.

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Signed by Grant Trevithick
Signed On: May 27, 2019

Owner Finance Academy https://ownerfinanceacademy.com
Signature Certificate
Document name: Terms of Services - VIP Package
Unique Document ID: 51d1c7506e0331b578711a3eaad606650ef32f7c
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March 14, 2018 5:10 AM CDTTerms of Services - VIP Package Uploaded by Grant Trevithick - grant@ofhdfw.com IP 145.131.104.109