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MODERN EMPOWERMENT, INC.

Professional Development Program Agreement

Modern Empowerment Leadership Certificate — Communication & Influence
(90-Day / 12-Week Program)

This Professional Development Program Agreement (“Agreement”) is entered into by and between Modern Empowerment, Inc., a Georgia corporation, including its DBAs Restored Survivor™, Restored Survivor Leadership™, Restored Survivor Leadership Institute™, Restored Survivor Academy™, and Modern Empowerment Leadership Institute™ (collectively, “Company”), and the purchasing organization and/or individual registrant (“Client”). Company and Client may be referred to as the “Parties” or individually as a “Party.”

Client acknowledges that all contractual obligations, payment processing, intellectual property rights, and program delivery are made with Modern Empowerment, Inc. All affiliated brand names, institutes, and trademark designations exist under the corporate ownership and operation of Modern Empowerment, Inc.

Corporate Structure and Brand Identity

Modern Empowerment, Inc. owns, operates, and delivers professional development, leadership education, communication coaching, and workplace training initiatives under multiple protected brand names, including:

• Modern Empowerment®
• Modern Empowerment Leadership Institute™
• Lorinda Buckingham®
• Restored Survivor™
• Restored Survivor Leadership™
• Restored Survivor Academy™

These names, brand identities, curriculum designs, training programs, logos, frameworks, assessments, content, communication methodologies, and proprietary leadership tools are intellectual property of Modern Empowerment, Inc., and are protected by applicable United States copyright and trademark law.

Lorinda Buckingham®, MBA, is a John Maxwell Certified Coach, John Maxwell Certified DISC Consultant, 360 Reach Certified Personal Brand Analyst, and professional leadership instructor. These certifications may be referenced in Program descriptions and training materials for credential identification purposes.

All services, invoicing, program delivery, content rights, and issuance of certificates are executed solely by Modern Empowerment, Inc. None of the above trademarked brand identities represent a separate legal corporation or contractual party. References to these marks and DBAs within Program materials do not transfer any ownership or licensing rights outside of Modern Empowerment, Inc.

Client agrees that all:

• program access permissions
• training content usage
• confidentiality requirements
• intellectual property protections
• billing responsibilities
• certificate granting
• and dispute obligations

…fall exclusively under this Agreement with Modern Empowerment, Inc.

No brand name, DBA designation, or trademark reference in this Agreement shall be construed as creating a joint venture, separate business entity, or shared legal authority.

1. Program Description, Purpose, and Curriculum

The Modern Empowerment Leadership Certificate — Communication & Influence (the “Program”) is a 6-module virtual professional development program designed to strengthen workplace communication, emotional intelligence, relationship-building, active listening, conflict management, presentation skills, and influence without formal authority.

The Program provides practical tools, knowledge, and leadership habits to support participants in achieving measurable professional growth in communication and collaboration roles.

Curriculum Overview

The Program includes, but is not limited to, core training topics such as:

• Communication foundations and professional presence

• Emotional intelligence and personality style awareness

• Active listening and clarity of verbal and written communication

• Cross-functional collaboration and teamwork

• Leading structured conversations and concise updates

• Managing conflict and difficult conversations respectfully

• Influence tactics, trust-building, and credibility

• Speaking, presenting, and messaging for impact

• Professional leadership brand development

• Accountability, action planning, and implementation tools

The Company may update, modify, add, adjust, or improve curriculum topics, module titles, and content delivery at any time, at its sole discretion, to enhance Program quality and participant outcomes.

Program Materials

The Program consists of:

• On-demand video modules

• Worksheets and downloadable tools

• Assessments (including DISC-based communication assessments)

• Reflection exercises and knowledge checks

• Communication templates and action plans

• Optional bi-weekly virtual coaching sessions (if included in package)

All materials, assessments, frameworks, and tools are collectively referred to as the “Program Materials.”

Participant Access and Program Features

Participants and sponsoring organizations receive:

• Interactive Coaching Relationship with a Certified Leadership Coach
  One-on-one or group support provided by Lorinda Buckingham®, MBA, John Maxwell Certified Coach & DISC Consultant.

• Live Interactive Virtual Coaching Sessions
  Structured, facilitated sessions delivered via secure web technology (Zoom, Microsoft Teams, Google Meet, or similar).

• Access to On-Demand Video Learning Modules
  Self-paced, high-impact training lessons released according to program schedule.

• Coaching Accountability Tools
  Worksheets, reflection prompts, action plans, and progress trackers to support measurable development.

• Access to a Private Online Training Portal
  Secure login for courses, documents, session scheduling, and program materials.

• On-Demand Access to Supplemental Training Videos
  Additional leadership content and communication tools released throughout the program.

• Certificate of Completion
  Issued electronically upon meeting program requirements, suitable for HR training records and professional development files.

• Email Support Throughout the Program
  Professional guidance and administrative assistance via dedicated support email.

• Strictly Confidential Coaching Sessions
  Protecting participant privacy and professional discretion under confidentiality and non-disclosure terms.

• HR Completion Report & Documentation
  A documented summary provided to the sponsoring organization at program completion, verifying participation, program outline, and completion status.

Professional Development Purpose

The Program is intended for professional and workplace communication development and may support confidence, resilience, and personal leadership growth within a corporate context.

Program Exclusions

The Program is not:

• Psychotherapy

• Counseling

• Medical or mental health treatment

• Legal, tax, or financial advice

Participants are responsible for seeking appropriate licensed professionals regarding mental health, medical, legal, or financial matters.

2. Term and Access

The standard Program term is 90 days (12 weeks) beginning from the date that login credentials are issued (“Activation Date”).

Participant access may include dripped weekly module releases to support pacing, learning retention, and implementation.

Client and enrolled participants may receive access to Program Materials through one or more of the following platforms:

• ModernEmpowerment.com website(s)
• LorindaBuckingham.com website(s)
• Coaches Console
• Zoho Learn
• Other web-based learning platforms designated by the Company

The Company may update delivery platforms, system providers, or login procedures at any time, with notice provided to Client.

3. Delivery Method

The Program is delivered virtually and may include:

• On-demand (self-paced) video modules, dripped weekly
• Course content hosted through secure learning portals
• Optional bi-weekly virtual coaching sessions
• Digital worksheets, templates, and communication tools
• Knowledge checks and implementation challenges

All 1-on-1 coaching sessions and live group sessions (if included) will be delivered through video conferencing platforms such as:

• Zoom
• Microsoft Teams
• Google Meet
• WebEx
• Or other virtual platforms designated by the Company

Client understands and agrees:

• No in-person sessions are included unless separately contracted in writing
• All live sessions require internet access, device access, and scheduling through the Company’s designated online portal

Company reserves the right to record live virtual sessions for internal use, training quality, and educational improvement, provided that no identifying participant information is used publicly without written consent.

4. Fees and Payment Terms

Program Fees (“Program Fees”) will be specified on the invoice, written proposal, or digital product description within Coaches Console, Zoho Learn, or another Company platform. Example Program Fees include:

• Single Employee — 3-Month Access: $3,600
• Single Employee — 5-Month Access: $6,000
• Corporate Cohort (25 seats, module-only): $25,000

Unless otherwise stated in writing, the following apply:

• Terms: Net 30 from invoice date
• Payments may be made by: credit card, ACH, or corporate check
• Purchase Orders (POs): The Company may require a purchase order (PO) number for corporate billing and processing.
• W-9: Available upon request

The Company may suspend access to Program Materials and/or postpone coaching sessions if Program Fees are not received by the due date.

Except as expressly provided in Section 15 (Refund Policy), all Program Fees are non-refundable once login access is issued.

Program access will not be issued until payment has been received and processed successfully.

5. Cancellations, No-Shows, and Rescheduling

5.1 Cancellation (Before Access Begins)

Client may cancel within five (5) business days of purchase, prior to receiving login access, for a refund minus any payment processing or transaction fees.

Once Program Materials are accessed, all payments are final and non-refundable.

5.2 No-Show / Missed Appointment

A missed virtual session will be considered a “No Show” if:

• Participant does not attend at the scheduled time;
• Participant cancels with less than 24 hours’ notice; or
• Participant arrives more than 15 minutes late without notification.

No Show sessions are considered “used” and will not be rescheduled or refunded.

5.3 Rescheduling (Client-Initiated)

Client or participant may reschedule a session:

• By using the Company’s designated online scheduling portal, and
• Providing at least 24 hours’ notice before the scheduled session.

Rescheduling is subject to availability. The Company makes reasonable efforts to provide a mutually agreeable time.

Requests to reschedule less than 24 hours prior will be treated as a No Show.

5.4 Company Rescheduling

The Company reserves the right to reschedule sessions due to:

• Internet or platform outages
• Illness or emergency
• Technology failure
• Scheduling conflicts

In such cases, the Company will provide a new session date and time.
No refunds or credits will be issued for Company rescheduled sessions.

Company rescheduling does not extend Program term unless agreed in writing.

6. Certificate of Completion

Upon successful completion of all required Program modules, worksheets, assignments, and assessments (as determined by the Company), the participant will receive a Certificate of Completion for the Modern Empowerment Leadership Certificate — Communication & Influence Program.

Certificates verify participation in a professional development training program and may be used for:

• HR documentation
• Professional development records
• Performance reviews
• Learning and development files

Certificates do not constitute:

• A professional license
• A degree
• Accreditation
• Academic credit
• Continuing education credit
• Professional certification

The Company may withhold issuance of a Certificate of Completion if Program Fees are not paid in full, if the participant does not complete required Program elements, or if the participant is found to have violated intellectual property or confidentiality provisions of this Agreement.

Certificate requirements and criteria may vary by program format, delivery method, or organizational contract. Company reserves the right to verify completion requirements prior to issuing certificates.

7. Confidentiality and Data Privacy

7.1 Confidential Information

“Confidential Information” includes, without limitation:

• Non-public business information
• Coaching conversations
• Participant questions and responses
• Proprietary training content
• Personal information disclosed by participants
• Company frameworks, models, program structure, and methodologies

Confidential Information does not include information that:

• Is publicly available or becomes public without breach of this Agreement
• Is independently developed by the receiving Party without reference to Confidential Information
• Is received lawfully from a third party free of confidentiality restrictions
• Must be disclosed pursuant to law, court order, or subpoena (with notice where legally permissible)

7.2 Company Obligations

Company agrees to maintain reasonable, industry-standard safeguards to protect Confidential Information shared during:

• Virtual sessions
• Online course modules
• Coaching communications
• Email correspondence
• Platform access

Company will comply with applicable confidentiality expectations associated with professional development coaching environments.

7.3 Client Obligations

Client agrees:

• Not to disclose participant information
• Not to publicly share questions, recordings, or live session content
• To maintain confidentiality regarding participant identities during training

7.4 Survival

Confidentiality provisions survive termination of this Agreement and remain enforceable indefinitely.

8. Intellectual Property, Proprietary Rights, and Non-Distribution

8.1 Ownership

All Program materials, designs, content, and methodologies are proprietary intellectual property of Modern Empowerment, Inc. and/or its licensors.

This includes but is not limited to content branded under:

• Modern Empowerment®
• Lorinda Buckingham®
• Restored Survivor™
• Restored Survivor Leadership™
• Restored Survivor Leadership Institute™
• Restored Survivor Academy™
• Modern Empowerment Leadership Institute™

8.2 Program Materials Include, without limitation:

• Videos
• Slide decks
• Digital worksheets
• Assessments (including DISC-based materials)
• Scripts and messaging
• Templates and tools
• Recorded live sessions
• Leadership frameworks and models
• Lesson plans and training outlines
• Proprietary language, phrases, and methodologies

8.3 Restricted Uses

Client and participants may NOT:

• Record Company sessions (video, audio, screenshots, or screen capture)
• Copy, download, or reproduce training content
• Upload material to shared drives, LMS systems, or company intranets
• Post content publicly or privately online
• Share Program Materials with non-enrolled individuals
• Sell, repackage, or teach Company content
• Create derivative programs or courses using Company frameworks
• Use Company trademarks, logos, or branding without written authorization

ANY unauthorized use constitutes intellectual property infringement and may result in:

• Immediate termination of access
• Legal action
• Injunctive relief
• Monetary damages

8.4 Permitted Uses

Client may:

• Print worksheets for individual participant use only
• Complete assignments and reflections privately
• Use Program tools exclusively for internal learning purposes

8.5 Survival and Enforcement

All intellectual property protections:

• Survive termination of this Agreement
• Remain fully enforceable indefinitely
• Apply to all content whether in digital, printed, or recorded format

Company reserves the right to pursue all available legal remedies, including injunctions and damages, for violation of this section.

9. Trademark and Copyright Notices

The following names, logos, program titles, and brand identities are proprietary to Modern Empowerment, Inc. and may not be used without prior written authorization:

• Modern Empowerment®
• Lorinda Buckingham®
• Restored Survivor™
• Restored Survivor Leadership™
• Restored Survivor Academy™
• Modern Empowerment Leadership Institute™

All Program content and Program Materials are © Modern Empowerment, Inc. — All Rights Reserved.

No portion of the Program or Program Materials may be reproduced, copied, distributed, sold, recorded, transmitted, posted, uploaded, or publicly displayed in any form, without prior written consent of the Company.

Unauthorized use constitutes infringement and may result in legal action.

10. Limited License

Client is granted a non-exclusive, non-transferable, limited license to access and use Program Materials for internal personal and professional development only.

No commercial rights or sublicensing rights are granted.

Client may not:

• Sell Program Materials
• Train others using Company content
• Develop derivative programs based on Company content

The limited license terminates immediately upon:

• Breach of this Agreement
• Cancellation or termination of Program access
• Non-payment of Program Fees

Upon termination, Client agrees to cease all use of Program Materials.

11. Professional Disclaimer / No Medical, Therapy, Legal, or Financial Advice

Client acknowledges that the Program is:

• Professional development training
• Communication skill-building
• Leadership education

Company is not:

• A medical provider
• A mental health provider
• A legal, tax, or financial advisor
• A licensed therapist, psychologist, or counselor

Program content is provided “as-is” for educational purposes only.
Company does not guarantee:

• Promotions
• Job placement
• Income increases
• Performance evaluations
• Behavioral outcomes
• Organizational results

Client is solely responsible for obtaining professional assistance for medical, mental health, legal, tax, financial, or therapeutic matters.

12. Limited Liability

To the fullest extent permitted by law:

• Company’s maximum total liability arising from this Agreement, the Program, or use of Program Materials, whether in contract, tort, or otherwise, shall not exceed the total Program Fees paid by Client to Company.

Company shall not be liable for:

• Lost profits
• Loss of business or opportunities
• Indirect, incidental, punitive, or consequential damages
• Business decisions made by Client or its employees
• Use or misuse of Program content

This limitation of liability survives termination of this Agreement.

13. Indemnification

Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, agents, contractors, and employees from and against any claims, damages, liabilities, costs, expenses, or legal fees arising from:

• Client misuse of Program Materials
• Unauthorized distribution, publication, or copying
• Infringement of Company intellectual property rights
• Client breach of any provision of this Agreement

Indemnification obligations survive termination of this Agreement.

14. Infringement Notice

If Client becomes aware of any unauthorized copying, distribution, reproduction, or other infringement of Program Materials or Company trademarks, Client shall:

• Notify Company in writing immediately, and
• Provide any supporting documentation available

Client agrees not to attempt to enforce rights independently and will allow Company to pursue legal action or remedies at its sole discretion.

15. Dispute Resolution

15.1 Informal Negotiation
The Parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiation and informal communication.

15.2 Mediation
If the dispute is not resolved through informal negotiation, the Parties agree to engage in non-binding mediation in Fayette County, Georgia, with the cost of mediation shared equally (50/50) by the Parties, unless otherwise agreed in writing.

15.3 Arbitration
If mediation fails to resolve the dispute, the Parties agree that any unresolved dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in Fayette County, Georgia, under applicable AAA rules.

No jury trial.
No class actions.
Each Party shall bear its own attorneys’ fees unless otherwise required by applicable law.

The arbitration decision shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

15.4 Injunctive Relief
Notwithstanding the above, nothing in this Agreement prevents the Company from seeking injunctive or equitable relief to protect its intellectual property, proprietary rights, or Confidential Information.

16. Force Majeure

Neither Party shall be liable for delay or failure to perform obligations under this Agreement due to circumstances beyond its reasonable control, including, without limitation:

• Natural disasters
• Fire, flood, or storm
• Acts of God
• War or terrorism
• Epidemic or pandemic
• Government order or regulation
• Internet or power outage
• Illness or injury
• Labor strikes or supply chain interruption

Performance shall resume as soon as reasonably practicable when the force majeure event ceases.

Force majeure shall not relieve Client of any payment obligations for services already rendered or access already granted.

17. Governing Law

This Agreement, and any dispute arising under this Agreement, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law principles.

18. Independent Contractor

Company is an independent contractor and is not an employee, agent, legal representative, or partner of Client.
Nothing in this Agreement creates a joint venture, agency relationship, or partnership.

Client has no authority to bind Company, and Company has no authority to bind Client.

19. Assignment

Client may not assign, transfer, or delegate this Agreement, in whole or in part, without prior written consent of the Company.

Company may assign or transfer this Agreement:

• To a successor entity
• In connection with a merger, sale, reorganization, or acquisition
• To an affiliated entity under common corporate ownership

This section survives termination of the Agreement.

20. Entire Agreement

This Agreement, together with any referenced proposal, Privacy Policy, platform terms, and payment authorization, constitutes the entire understanding between the Parties and supersedes all prior agreements, communications, or representations, whether oral, written, or electronic.

No amendment or modification to this Agreement shall be effective unless in writing and signed by both Parties, except where Company updates platform policies or technical terms.

21. Legal Age and Authority to Contract

Client represents and warrants that they:

• Are at least 18 years of age, and
• Have full authority to enter into this Agreement on behalf of themselves or their organization

If the Client is purchasing on behalf of a company, the Client confirms that they have appropriate procurement or decision-making authority to bind the organization.

22. Acceptance of Terms

By submitting payment, executing a digital signature, clicking “I Accept,” or completing online checkout through Coaches Console, Zoho, or any Company-authorized platform, the Client acknowledges and agrees to all terms and conditions of this Agreement.

Electronic acceptance shall be deemed the equivalent of a signed written Agreement for all purposes, including legal enforceability.

END OF AGREEMENT