BOOM Mastermind
Terms & Conditions of Membership
1. Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires:
“Boom” refers to Boom Alliance Ltd (or associated trading entities).
“Member” refers to any individual or organisation entering into a Mastermind agreement with Boom.
“Mastermind” refers to participation in a BOOM Mastermind programme.
“Effective Date” means the date on which the Member’s Mastermind membership commences.
1.2 Words importing the singular include the plural and vice versa. Headings are included for convenience only and do not affect interpretation.
2. Term
2.1 This Agreement commences on the Effective Date and continues for a minimum commitment period.
2.2 For monthly Mastermind memberships, the minimum term is six (6) months.
2.3 For annual Mastermind memberships, the term is twelve (12) months and is paid in full upfront.
2.4 Following completion of the minimum term, monthly memberships may continue on a rolling basis unless terminated in accordance with Clause 10.
3. Services
3.1 Boom will provide Mastermind services as described on the Boom website or in written materials provided to the Member at the time of joining.
3.2 Mastermind membership includes BOOM Networking access aligned to the Member’s Mastermind level, as described at the time of joining. Networking participation is subject to the BOOM Networking Terms & Conditions.
3.3 Boom may vary venues, facilitators, session formats or programme content where reasonably required, provided the overall nature and intent of the Mastermind service is maintained.
4. Subscription Fees and Payment
4.1 The Member shall pay the applicable Mastermind subscription fee as agreed at the point of joining.
4.2 Fees are payable monthly in advance or annually in advance, depending on the membership selected.
4.3 Annual Mastermind fees are non-refundable.
4.4 Payments shall be made via Debit Card, Credit Card (continuous payment authority) or Direct Debit.
4.5 Timely payment is essential. Late payments may incur interest at 5% per annum above the Bank of England base rate, calculated daily until payment is received.
5. Confidentiality and Non-Disclosure
5.1 Each party shall treat all non-public information received in connection with the Mastermind as confidential.
5.2 Confidential information may only be disclosed where required by law or where disclosure is necessary for the proper performance of this Agreement.
5.3 Members must not share BOOM-created materials, documents, frameworks or performance data with third parties without Boom’s prior written consent.
5.4 Confidentiality obligations continue indefinitely after termination of this Agreement.
6. Variation
6.1 Boom may vary these Terms & Conditions by providing at least 30 days’ written notice.
6.2 Continued participation in the Mastermind after such notice constitutes acceptance of the revised terms.
7. Enforceability
7.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Indemnity
8.1 The Member shall indemnify Boom against all liabilities, losses or claims arising from the Member’s acts, errors or omissions in connection with the Mastermind.
8.2 The Member warrants that they do not operate as a Managed Service Company Provider as defined under applicable UK tax legislation.
9. Intellectual Property
9.1 All intellectual property relating to BOOM Mastermind materials, frameworks, methodologies, branding and content remains the property of Boom.
9.2 The Member shall not reproduce, distribute or use Boom intellectual property to replicate, compete with or substitute BOOM services without prior written consent.
10. Termination
10.1 Either party may terminate this Agreement immediately if the other party:
Engages in fraud, dishonesty or misconduct
Commits a material breach of this Agreement and fails to remedy it within 30 days
Becomes insolvent, bankrupt or ceases to trade
10.2 Boom may terminate this Agreement immediately where the Member’s conduct is deemed detrimental to the Mastermind cohort, BOOM community or brand.
10.3 The Member may terminate this Agreement only after completion of the minimum term by providing written notice.
10.4 No refunds are payable for any fees paid or accrued prior to termination, including where termination occurs before the end of the minimum term.
11. General Terms
11.1 This Agreement is personal to the parties and may not be assigned or transferred without prior written consent.
11.2 Nothing in this Agreement creates an employment, partnership or agency relationship between the parties.
11.3 No waiver of any breach shall constitute a waiver of any subsequent breach.
11.4 Where performance is prevented by events beyond reasonable control, including natural disasters, government action or pandemics, the affected party shall notify the other in writing. Either party may terminate the Agreement after one month of continuous disruption.
12. Data Protection
12.1 Boom processes personal data in accordance with the UK GDPR and Data Protection Act 2018.
12.2 Personal data is used solely for administration, communication and delivery of services under this Agreement.
12.3 Boom will not share personal data with third parties for marketing purposes without prior consent.
12.4 Members may request a copy of their personal data held by Boom.
13. Governing Law
13.1 This Agreement is governed by the laws of England and Wales.
13.2 The courts of England and Wales shall have exclusive jurisdiction.