Last updated: October 28, 2026
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Agreement to These Terms
These Terms of Service ("Terms") are a binding agreement between you and Bad Entrepreneur, LLC ("Bad Entrepreneur," "BE," "we," "us," or "our"). They govern your use of badentrepreneur.com, any related pages, booking tools, invoices, and communications (together, the "Platform"), and any purchase or booking you make through it.
You accept these Terms when you check a box or click a button indicating agreement, create an account, place an order, pay an invoice or draft order, book a service, or otherwise use the Platform. If you do not agree, do not use the Platform.
You must be at least 18 years old and able to form a binding contract. If you use the Platform on behalf of a business, you confirm you are authorized to bind that business to these Terms, and "you" includes that business.
PLEASE READ SECTION 6.2 (NON-CLINICAL EXECUTIVE AND BUSINESS COACHING ONLY — NO HEALTHCARE OR THERAPY) CAREFULLY. BE IS NOT A HEALTHCARE PROVIDER, AND THE PLATFORM DOES NOT PROVIDE OR FACILITATE CLINICAL SERVICES. ALSO READ SECTIONS 9 (ASSUMPTION OF RISK AND RELEASE), 10 (LIMITATION OF LIABILITY), AND 15 (DISPUTES WITH BE: ARBITRATION AND CLASS ACTION WAIVER) CAREFULLY. THOSE SECTIONS LIMIT YOUR RIGHTS AND REQUIRE MOST DISPUTES TO BE RESOLVED IN INDIVIDUAL ARBITRATION.
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Definitions
"Client" means any person or business, including a Member, that browses, books, or buys through the Platform.
“Member” means a person or business with an active BE membership that receives access to BE’s network of senior independent talent and may book Provider Services through the Platform.
"Provider" means any independent professional or business that offers services through the Platform, including consultants, marketers, designers, developers, photographers, videographers, content creators, customer service specialists, marketplace specialists, non-clinical executive and business coaches, and any future provider type permitted under these Terms.
"Provider Services" means any non-clinical professional service performed by a Provider for a Client, whether listed on the Platform, quoted in a custom package, or added to a Booking later. Provider Services never include medical, mental-health, psychotherapy, therapy, diagnostic, treatment, crisis, or other clinical services.
"Booking" means any purchase, order, package, appointment, invoice, draft order, retainer, or project for Provider Services made or paid through the Platform.
"BE Products" means products BE itself offers, such as the Founders Membership, digital guides, templates, courses, and other content BE publishes.
"Service Agreement" means any additional agreement between a Client and a Provider about a specific Booking, such as a scope of work, production agreement, or intake form.
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BE Is a Platform, Not the Service Provider
BE operates a technology and administrative platform through which Members and other Clients can access senior independent talent and book services from independent Providers. BE does not perform Provider Services, does not direct or control how Providers perform them, and is not a party to the agreement for Provider Services.
When you make a Booking, the contract for the Provider Services is between you and the Provider. BE's role is limited to listing services, facilitating introductions and scheduling, collecting and holding payment as described in Section 4, and offering optional support if a concern arises. Any description of a service on the Platform describes what the Provider offers, not a promise by BE to perform it.
Current service categories. These Terms apply to every category offered on the Platform, including Branding, Content Creation, Customer Service, Digital Advertising, Email and SMS Marketing, non-clinical Executive and Business Coaching, Graphic Design, Marketplace Management, Photography and Videography, Web Development, and Website Management.
Future services. These Terms automatically apply to any service category, provider type, package, product, or feature BE adds in the future, whether or not it is listed above. If a new service needs additional terms, BE will post them on the relevant page or in a Service Agreement, and those terms will be added to these Terms for that service. If they conflict, the additional terms control for that service only.
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BE Products: Membership and Digital Products
BE Products are sold by BE directly. They are provided for informational and educational purposes only.
Digital products (guides, templates, e-books, and courses) are final sale once purchased, except where applicable law requires otherwise.
License. You receive a limited, non-exclusive, non-transferable license to use BE Products for your own personal or internal business use. You may not copy, share, resell, or create derivative works from them without our written permission.
BE may change, pause, or discontinue any BE Product or membership benefit at any time, with reasonable notice for paid subscriptions.
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Independent Providers
Providers are independent contractors or independent businesses. They are not employees, agents, partners, joint venturers, or representatives of BE, even when they appear under BE branding or are described as "BE Providers." Each Provider is solely responsible for how, when, and where they perform Provider Services and for the quality and results of their work; for holding any licenses, permits, certifications, and insurance their work requires; for their own equipment, staff, subcontractors, and conduct; for complying with all laws that apply to their services, including privacy, advertising, and professional rules; and for their own taxes.
What "vetted" or "reviewed" means. When BE describes Providers as vetted, selected, or reviewed, it means only that BE reviewed information the Provider submitted, such as a portfolio, references, credentials, or a short interview, at the time they joined. Any academic, professional, or clinical credentials shown in a Provider profile are background information only; they do not expand the services available through the Platform or mean that BE verified or endorses the credential. BE does not guarantee, certify, or warrant any Provider's identity, qualifications, licenses, insurance, background, availability, or performance, and does not supervise their work. You are responsible for deciding whether a Provider is right for you.
Except for BE’s express obligations to operate the Platform, administer Bookings, collect payments, and issue refunds and Provider payouts under these Terms, BE is not responsible for the acts, omissions, advice, errors, services, or results of any Provider.
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Additional Terms by Service Type
The terms below apply on top of the rest of these Terms to the service types described.
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Photography, Videography, and Content Creation
On-site work. The Provider alone is responsible for planning and running any shoot, including equipment, crew, setup, and on-set safety. BE does not attend, supervise, or control shoots.
Locations and permits. You are responsible for having permission to use any location you provide or choose, and for any permits, venue fees, and venue rules, unless your Service Agreement says the Provider will handle them.
People and property on camera. You are responsible for getting releases from your employees, customers, models, and anyone else you bring to a shoot, and for permission to show any third-party property, artwork, music, or trademarks, unless your Service Agreement says otherwise.
Your property. You are responsible for securing your premises, products, inventory, and valuables during a shoot.
Footage and files. Ownership of and usage rights to photos, video, raw files, and edits are set by your Service Agreement with the Provider. If none is specified, you receive a license to use final delivered files for your business marketing, and the Provider keeps copyright and may use the work in their portfolio. BE does not store, back up, or guarantee delivery of any files.
Weather, travel, and conditions outside the Provider's control may delay or reschedule a shoot under the Cancellation Policy.
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NON-CLINICAL EXECUTIVE AND BUSINESS COACHING ONLY — NO HEALTHCARE OR THERAPY
BAD ENTREPRENEUR IS NOT A HEALTHCARE PROVIDER. BE does not provide, offer, arrange, refer, or facilitate medical care, mental-health care, psychotherapy, therapy, counseling, diagnosis, treatment, crisis intervention, or any other healthcare or clinical service. Nothing on the Platform or in any Provider Service is medical, mental-health, or other clinical advice.
A Provider who holds a healthcare, mental-health, therapy, counseling, psychology, social-work, or similar credential may offer through the Platform only non-clinical executive or business coaching within the scope of the Booking. Credentials, licenses, and professional titles are displayed solely as background information; they do not mean that clinical services are available, endorsed, verified, or supervised by BE.
No Provider-patient, therapist-client, psychotherapist-patient, doctor-patient, or other clinical relationship is created by using the Platform, purchasing a membership, making a Booking, or receiving coaching. Coaching is educational and business-focused and is not a substitute for evaluation, diagnosis, treatment, psychotherapy, counseling, medication, or care from a qualified healthcare professional. Do not submit medical records, protected health information, clinical notes, or crisis communications through the Platform.
THE PLATFORM AND PROVIDER SERVICES ARE NOT FOR EMERGENCIES OR CRISIS SUPPORT. If you may harm yourself or someone else, are experiencing a medical or mental-health emergency, or otherwise need urgent help, call 911 or your local emergency number, go to the nearest emergency department, or contact an appropriate crisis resource. In the United States, call or text 988 to reach the Suicide & Crisis Lifeline. Do not rely on BE or a Provider booked through the Platform for emergency or crisis response.
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Consulting, Marketing, Advertising, Web, Design, and Store Management
You are responsible for your own business decisions, ad budgets, product claims, offers, and legal compliance, even when a Provider recommends or implements them.
When you give a Provider access to your accounts (Shopify, BigCommerce, Amazon, Google, Meta, Klaviyo, email, or others), you authorize them to act in those accounts within the agreed scope. Keep backups, use limited-access logins where possible, and remove access when the work ends. BE is not responsible for account changes, suspensions, data loss, platform policy actions, or ad spend.
You are responsible for having rights to any content, images, logos, and data you give a Provider.
Nothing provided is legal, tax, accounting, or financial advice.
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Your Responsibilities, Accounts, and Acceptable Use
Your responsibilities. You agree to give accurate information when you book, pay, or brief a Provider; provide the access, materials, approvals, and feedback a Provider reasonably needs, on time; keep any shoot or work location reasonably safe; and review deliverables promptly and raise concerns within the time limit in Section 14.
Accounts. You agree to provide accurate account information and to keep your login credentials secure. You are responsible for all activity under your account.
Acceptable use. You agree not to: use the Platform or any Provider Services for any unlawful, deceptive, infringing, or harmful purpose; harass, threaten, or abuse Providers, BE, or other users; impersonate any person or misrepresent your affiliation with any person or business; submit false, misleading, or fraudulent information in connection with a Booking or purchase; attempt to avoid or get around BE’s payment system; copy, scrape, reverse-engineer, resell, or extract content or systems from the Platform or BE Products; or interfere with or damage the Platform or BE’s reputation.
BE may refuse, cancel, suspend, or terminate any Booking or account at its discretion, including for a violation of these Terms. If BE cancels because you violated these Terms, no refund is owed except where applicable law requires otherwise. Otherwise, refunds follow the Refund Policy.
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No Guaranteed Outcomes and Disclaimers
No guaranteed results. Neither BE nor any Provider guarantees any business, financial, marketing, creative, coaching, or personal outcome, including revenue, sales, rankings, traffic, followers, ad performance, or return on investment. Results depend on many factors outside anyone's control. BE is not responsible for any financial loss, lost revenue, business failure, reputational harm, or missed opportunity arising from acting, or not acting, on any advice, strategy, or deliverable. Any Provider’s responsibility for these matters is governed by your Service Agreement with that Provider and applicable law.
No professional or clinical relationship. Using the Platform does not create a fiduciary, advisory, legal, medical, mental-health, therapist-client, provider-patient, employment, or agency relationship between you and BE. It also does not create any healthcare or clinical relationship between you and a Provider; any coaching relationship is strictly non-clinical and limited to the agreed executive or business-coaching scope.
THE PLATFORM, BE PRODUCTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ABOUT THE QUALITY, SAFETY, LEGALITY, OR TIMELINESS OF ANY PROVIDER SERVICES.
Third parties. BE is not responsible for third-party platforms, tools, or websites, including Shopify, Amazon, Google, Meta, Klaviyo, payment processors, and scheduling tools, or for their outages, policy changes, or account actions.
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Assumption of Risk and Release
Assumption of risk. Some Provider Services carry inherent risks, including on-location shoots (equipment, lighting, cables, travel, physical activity, and conditions at the location), sharing account access, and changes to your website, ads, or listings. You understand these risks and voluntarily accept them when you book.
Release. To the fullest extent permitted by law, you release BE and its owners, members, managers, employees, and agents (the "BE Parties") from all claims, demands, and damages of every kind, known and unknown, arising out of or related to (a) any Provider Services, (b) any act, omission, or conduct of a Provider or other user, and (c) any dispute between you and a Provider. This release does not apply to claims arising from a BE Party’s own acts or omissions.
California Civil Code Section 1542. If you are a California resident, you waive California Civil Code Section 1542 with respect to the claims released above, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law in any other jurisdiction.
What this release does not cover. This release does not apply to claims that cannot be released under applicable law, including claims for fraud, willful injury, gross negligence, or violation of law by a BE Party.
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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
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THE BE PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, OR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.
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THE BE PARTIES ARE NOT LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS CAUSED BY A PROVIDER OR OTHER USER.
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THE BE PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM, BE PRODUCTS, ANY BOOKING, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID THROUGH THE PLATFORM FOR THE SPECIFIC BOOKING OR PRODUCT GIVING RISE TO THE CLAIM.
The limits in this Section apply to the fullest extent permitted by law, even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law. If you use the Platform for a business, any claim against BE must be brought within one (1) year after it arises, or it is permanently barred, unless the law requires a longer period.
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Indemnification
You agree to defend, indemnify, and hold harmless the BE Parties from all third-party claims, and related losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, to the extent arising out of: your misuse of the Platform, BE Products, or Provider Services; your business, products, claims, ads, content, and any materials you give a Provider; any location, people, or property you provide for a shoot or other service; or your violation of these Terms, any law, or any third party's rights, including intellectual property, privacy, and publicity rights.
BE may take over the defense of any matter subject to this section, and you will cooperate with BE. You may not settle any such matter without BE's written consent.
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Booking Through the Platform
BE invests in finding and introducing Providers. From the time you are first introduced to a Provider through the Platform until 12 months after your last Booking with that Provider, you agree to book and pay for all of that Provider's services only through the Platform, and not to arrange direct payment outside the Platform.
If, during that period, you engage or pay a Provider you were first introduced to through the Platform outside the Platform, you agree to pay BE a conversion fee equal to 15% of all amounts paid to that Provider outside the Platform during that period. Contact us if you want to arrange a long-term engagement. We can usually set one up through the Platform.
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Intellectual Property
BE's content. The Platform, BE Products, and the Bad Entrepreneur name, logo, and trademarks belong to BE and are protected by copyright and trademark law. You may not use them without our written permission.
Work from Providers. Ownership of and rights to deliverables from Provider Services, such as designs, code, copy, photos, and video, are between you and the Provider under your Service Agreement. BE claims no ownership of them and makes no promise about them, including that they are original or non-infringing.
Your content. You keep ownership of materials you provide. You grant BE a limited license to use them only as needed to operate the Platform and facilitate your Booking.
With your permission, BE may feature your business, testimonial, or completed work in BE's marketing.
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Disputes Between Clients and Providers
If you have a problem with a Provider, you and the Provider are responsible for resolving it directly. You may also contact BE at contact@badentrepreneur.com within 7 days after the Provider delivers the final deliverable for the Booking or, for a recurring Booking, after the applicable recurring service period ends, and BE may provide optional administrative assistance in good faith, for example by communicating with both sides or deciding whether to release, delay, offset, or refund any Booking funds that have not yet been paid to the Provider, consistent with the Refund Policy. BE may pause a payout while a timely dispute, refund request, chargeback, suspected fraud, or legal requirement is reviewed.
BE has no obligation to mediate, investigate, or resolve the merits of any Client-Provider dispute. Any payment-administration decision BE makes is final for purposes of the Platform, but does not determine the parties’ underlying legal rights or limit a claim against the Provider. Any claim for injury, damage, deficient services, or other loss caused by a Provider must be brought against that Provider, not BE, except to the extent applicable law makes BE responsible for its own acts or omissions.
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Disputes With BE: Arbitration and Class Action Waiver
Informal resolution first. Before starting any formal proceeding, send a written description of your claim to contact@badentrepreneur.com. We will respond within 10 business days and try to resolve it within 30 days.
Binding individual arbitration. If we cannot resolve it, any dispute arising out of or relating to these Terms, the Platform, BE Products, or any Booking will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Rules, if you use the Platform for a business), before a single arbitrator in Los Angeles County, California, or by video. The arbitrator decides all questions about the scope, validity, and enforceability of this arbitration agreement, except that a court decides questions about the class action waiver. Fees are allocated under the applicable AAA rules; for consumer claims, BE will pay all fees the AAA rules require a business to pay. Judgment on the award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court, or seek an injunction in court to stop misuse of intellectual property.
Class action waiver. YOU AND BE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. FOR ANY CLAIM RESOLVED IN ARBITRATION, YOU AND BE WAIVE ANY RIGHT TO A JURY TRIAL.
Opt-out. You may opt out of this arbitration agreement by emailing contact@badentrepreneur.com within 30 days of first accepting these Terms, with your name and a clear statement that you opt out.
Mass arbitration. If 25 or more similar demands are filed against BE by or with the help of the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules, and the parties will cooperate in good faith on a process to resolve them in staged batches.
Severability of arbitration terms. If the class action waiver is found unenforceable as to any claim, that claim will be heard in court, not in arbitration, and the rest of this arbitration agreement stays in effect. If any other part of this Section is found unenforceable, it will be severed and the rest of this Section stays in effect.
Governing law. These Terms are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict of law rules. Any matter not subject to arbitration will be heard only in the state or federal courts in Los Angeles County, California.
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General Terms
Changes. BE may update these Terms. We will post the new version with a new "Last updated" date and, for material changes, notify active Clients by email or at checkout. Changes apply to Bookings made after they are posted.
Privacy. Our Privacy Policy is part of these Terms.
Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, weather, illness, outages, and government action. This does not excuse your obligation to pay amounts already owed.
Severability. If any part of these Terms is unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect.
No waiver. If BE does not enforce a provision, that is not a waiver of it.
Assignment. You may not transfer these Terms without BE's consent. BE may assign them, including in a sale or reorganization of the business.
Entire agreement. These Terms, the Refund Policy, Cancellation Policy, Shipping Policy, Privacy Policy, Legal Notice, and any additional service terms are the entire agreement between you and BE about the Platform. A Service Agreement between you and a Provider does not bind BE.
Survival. Sections 9 through 16 survive the end of your use of the Platform.
Contact
Bad Entrepreneur, LLC
23465 Civic Center Way, Building 9, Malibu, CA 90265 contact@badentrepreneur.com
