BREAKPOINT, Presented by NEVER FOLD COLLECTIVE, LLC
Terms of Services
1. DESCRIPTION OF SERVICE
Never Fold Collective, LLC operates https://www.joinambitiousaf.com/aaf-breakpoint-2026-intensive/ to advertise and provide information about BREAKPOINT, and https://neverfoldcollective.com/home/ to offer physical merchandise, including apparel and drinkware, for purchase. Use of these websites is governed by the following Terms and Conditions (“Terms”).
2. FULFILLMENT
Event registration and ticketing are processed and confirmed via email and the BREAKPOINT landing page. Merchandise orders placed through neverfoldcollective.com are fulfilled and shipped to the address provided at checkout. Estimated delivery timeframes, if provided, are approximate and not guaranteed.
3. RESTRICTIONS ON USE
Never Fold Collective’s websites present the information found on them for your convenience. Reproduction, distribution, or republication of any information, materials, documents, products, or services from these sites by any means, without the prior written consent of Never Fold Collective, LLC, is strictly prohibited. Nothing on these websites shall be interpreted as granting any license to Never Fold Collective’s or BREAKPOINT’s intellectual property rights. All rights not expressly granted in this notice are reserved.
4. PUBLICITY RELEASE & PHOTO, VIDEO, AUDIO RECORDING RELEASE AND INFORMATION SHARING
4.1 Public Nature of the Event. You acknowledge that BREAKPOINT is a public event, that your appearance and actions at or around the Venue are public in nature, and that you have no expectation of privacy with regard to your conduct at the Event.
4.2 Consent to Capture. By attending or participating in the Event, you understand and agree that Never Fold Collective, LLC (“Never Fold,” “we,” or “us”) and its representatives, agents, and contractors may photograph, videotape, livestream, or otherwise record your image, likeness, voice, statements, and appearance (collectively, “Recordings”), whether captured individually or as part of a group, before, during, or after the Event. You further understand that still photographs and video may also be captured by third parties participating in the Event, such as speakers and sponsors.
4.3 Ownership, Use & Future Events. You irrevocably grant to Never Fold, its affiliates, designees, successors, assigns, and licensees the right to use the Recordings, including your name, image, and likeness, in any and all media for any lawful purpose, including advertising and promotional purposes and in connection with future Never Fold events or other events produced by Never Fold or its affiliates. You understand that Never Fold owns all right, title, and interest in the Recordings, including any copyright therein, and that this grant is worldwide, perpetual, and royalty-free, and includes the right to reproduce, edit, exhibit, display, publish, broadcast, distribute, sublicense, and create derivative works from the Recordings, in any format or media now known or later developed, including:
- Promotion, marketing, and advertising of Never Fold and its events;
- Social media, websites, newsletters, and press materials;
- Recaps, highlight reels, testimonials, documentaries, or educational content;
- Internal administrative, planning, or archival purposes.
4.4 Testimonials. If you provide a testimonial or statement that Never Fold records or publishes, you understand that it may be edited for length or clarity at Never Fold’s discretion, and that no compensation is owed for its use.
4.5 No Compensation. Your participation in the Event constitutes full consideration for this release. You will not receive payment, royalty, or other compensation for any use of the Recordings or testimonials.
4.6 No Approval Rights. You waive any right to inspect or approve finished Recordings or their use, and waive any claim arising from distortion, blurring, alteration, or use in composite form during processing.
4.7 Release of Claims. You release Never Fold and its officers, employees, agents, affiliates, designees, successors, assigns, and licensees from any and all liability and claims arising out of the use of the Recordings or testimonials, including claims for defamation, invasion of privacy, or infringement of moral rights or rights of publicity.
4.8 Individual Registration. Each registration is personal to the individual selected and invited by Never Fold. Attendees may not register or bring guests under their own registration; any colleague or associate attending BREAKPOINT must be separately invited and registered in their own right. This release applies to each participant individually with respect to their own attendance.
4.9 Opt-Out. Participants who prefer not to be photographed or recorded may notify Event staff on-site, who will make reasonable efforts to accommodate the request. Never Fold cannot guarantee exclusion from wide shots, livestreams, or group/crowd footage.
4.10 Questions or Removal Requests. Questions about this section, or requests to review a specific image or clip for removal from future use, may be directed to hello@neverfoldcollective.com.
Please direct all ticket questions to hello@neverfoldcollective.com.
5. PROGRAM COMMITMENT & DISCLAIMER OF RESULTS
5.1 Program Structure. BREAKPOINT is a program consisting of pre-work beginning approximately six (6) weeks prior to the in-person Event, the in-person Event itself, and three (3) follow-up virtual touchpoints conducted via Zoom at approximately the 30-, 60-, and 90-day marks following the in-person Event (collectively, the “Program”). References to “the Event” throughout this Agreement include all components of the Program unless otherwise specified.
5.2 Participation Expectations. Enrollment in the Program represents a personal and time commitment. You are expected to engage with the pre-work, attend the in-person Event, and participate in the 30/60/90-day virtual touchpoints as designed. Never Fold reserves the right to remove any participant from any portion of the Program, without refund, for disruptive behavior or sustained failure to engage in good faith.
5.3 Disclaimer of Results. The Program is designed to support high performance and personal development, but Never Fold does not guarantee any specific outcome, result, or level of improvement from your participation. Your results depend on your own effort, commitment, and execution throughout the pre-work, the in-person Event, and the follow-up touchpoints. By enrolling, you accept full responsibility for your own actions, decisions, and outcomes.
6. DAY ONE PARTICIPATION REQUIREMENT
6.1 Earning Your Seat. Participation in Day One of the in-person Event is a prerequisite for continuing on Day Two. Attendees who do not actively participate in Day One — including required activities, sessions, or exercises as designed by Never Fold — may be denied entry to Day Two, at Never Fold’s sole discretion.
6.2 No Refund for Non-Advancement. If you are denied entry to Day Two under this section, you are not entitled to a refund, partial or otherwise, for any portion of the Program.
6.3 Re-Enrollment. If you voluntarily withdraw, fail to meet the requirements, or are dismissed for any reason, you are not eligible to re-enroll in the Program. Re-enrollment may be granted only at the sole and exclusive discretion of Never Fold Collective, LLC, on a case-by-case basis, and is not guaranteed under any circumstances.
7. PAYMENTS, REFUNDS, & TICKET TRANSFERABILITY
7.1 Non-Transferable Registration. BREAKPOINT is an invitation-only event. Your registration and ticket are personal to you and may not be transferred, reassigned, resold, or used by any other individual, regardless of circumstance.
7.2 No Refunds. All payments are final. Never Fold does not issue refunds of any kind, for any reason, including but not limited to voluntary withdrawal, inability to attend, no-shows, dismissal from the Program, or dissatisfaction with the Event. There are no exceptions to this policy.
7.3 Payment Plans. If you register using a payment plan, you are responsible for 100% of the total agreed-upon payments, regardless of your continued attendance or participation in the Program. Each payment, once made, is final and non-refundable under Section 7.2. If any scheduled payment is not received, your registration is void, all payments made to that point are forfeited, and you will not be entitled to attend any remaining portion of the Program or access any related materials.
7.4 Payment in Full Prior to Event. All outstanding balances must be paid in full no later than fourteen (14) days prior to the in-person Event date. Failure to pay in full by this date will result in forfeiture of your seat with no refund of amounts paid.
8. APPAREL & MERCHANDISE
8.1 Voluntary Purchases. You are not required to register for or attend BREAKPOINT in order to purchase apparel or merchandise from Never Fold Collective, LLC, and purchasing merchandise is not a condition of registration or attendance. Purchases of apparel and merchandise are entirely voluntary and separate from your participation in the Program.
8.2 Third-Party Fulfillment. Most apparel and merchandise items are produced and fulfilled by third-party print-on-demand or dropship suppliers. As a result, Never Fold cannot offer refunds or exchanges for items ordered in the wrong size, buyer’s remorse, an incorrectly provided shipping address, or shipments returned to the fulfillment center as unclaimed. If a shipment is returned as unclaimed, you will be responsible for the cost of reshipment.
8.3 Address Errors. If a courier deems your shipping address insufficient and the package is returned, you will be responsible for reshipment costs once an updated address has been confirmed with you.
8.4 Damaged, Defective, or Lost Items. Claims for misprinted, damaged, or defective items, or packages lost in transit, must be submitted to hello@neverfoldcollective.com within fifteen (15) days of delivery (or, for items never received, within fifteen (15) days of the expected delivery date).
8.5 Non-Fulfillment-Center Purchases. For any merchandise purchased directly from Never Fold and not produced through a third-party fulfillment center, you may return the item in new, unused condition, along with proof of purchase, within fifteen (15) days for a full refund, less shipping and handling.
8.6 Shipping Costs. Shipping costs to and from the fulfillment center, or to and from Never Fold, are non-refundable.
8.7 Questions. For questions about an order, a refund, or whether a specific item is produced by a third-party fulfillment center, contact hello@neverfoldcollective.com.
9. SPECIAL PRICING
9.1 Never Fold may, at its sole discretion, offer discounted or promotional pricing to select invitees from time to time. Any such offer is governed by the specific terms provided to you at the time it is extended, including any conditions on eligibility or payment timing, and does not modify these Terms and Conditions except as expressly stated in that offer. Special pricing, once extended, is non-transferable and subject to the same no-refund policy set forth in Section 7.
9.2 BATTLEGROUND, HYS Foundations & Private Clientele Pricing. Never Fold may extend special pricing to current BATTLEGROUND or HYS Foundations group program participants or private coaching clients. Any seat secured under this pricing is nonrefundable regardless of whether you remain enrolled in BATTLEGROUND or HYS Foundations or an active private client at the time of the Event, must be used within the timeframe specified at the time it is extended or it is forfeited, and is not eligible for exchange, store credit, or transfer to a future Event.
10. ADMITTANCE
10.1 Right to Refuse or Remove. Never Fold reserves the right, in its sole discretion and without refund, to refuse admittance to, or expel from, the Event any individual it determines is behaving in a manner that is disruptive to the Event or poses a danger to any other attendee. You consent and agree that you are not entitled to a refund of any amounts paid if you are refused admittance or expelled under this section. Breach of any provision of this Agreement entitles Never Fold to pursue all available legal remedies.
10.2 Age Requirement. Entry into the Event is limited to individuals who are at least eighteen (18) years of age on or before the date of the Event.
10.3 Identity Verification. Because registration is personal to the named invitee and non-transferable, you must present valid government-issued photo identification matching the name on your registration to enter the Event. Acceptable forms of identification include a government-issued passport, a government-issued driver’s license, a military identification card, or another government-issued identification card, each bearing a photo. No other forms of identification will be accepted. Failure to provide matching identification will preclude you from entering the Event, and you will not be entitled to a refund or any other damages, including incidental or consequential damages.
11. EVENT AMENDMENTS AND DISCLAIMER
Never Fold reserves the right to make changes to the agenda, format, speakers, location, dates, or any other aspect of the Event, without notice and without liability to you. Never Fold may, at any time and in its sole discretion, change, cancel, or postpone the Event, change the Venue, or withdraw an invitation to attend. In any such case, no refund of amounts paid will be issued, consistent with Section 7.2.
12. SPEAKERS, SPONSORS AND EXHIBITORS
Views expressed by any attendee, speaker, exhibitor, or sponsor at the Event are their own and do not necessarily reflect the views of Never Fold. Never Fold has no liability for advice given or views expressed by any attendee, speaker, exhibitor, or sponsor at the Event, or in any material provided to attendees.
13. INTERNATIONAL ATTENDEES & TRAVEL DOCUMENTATION
International attendees are responsible for obtaining any visa or travel documentation required to enter the United States. Never Fold is unable to provide invitation letters or any other immigration documentation to assist with a visa application. International invitees should confirm their ability to obtain a visa before registering. If you reside in a country subject to U.S. travel restrictions, Never Fold is unable to assist with any related documentation.
14. TRAVEL AND LODGING
14.1 Travel. Attendees are responsible for arranging and paying for their own travel to and from the Event.
14.2 Hotel Room Rate. Never Fold may arrange a discounted group room rate at a designated hotel for BREAKPOINT attendees. This rate is offered as a courtesy and is not included in the ticket price. Room availability at the discounted rate is limited and offered on a first-come, first-served basis; Never Fold does not guarantee that a room will be available at the time you attempt to book.
14.3 Booking Responsibility. You are responsible for booking and paying for your own hotel room directly with the hotel. Never Fold does not control the hotel’s reservation system or room inventory and is not responsible for the hotel’s booking process, availability, rates, or accommodations.
14.4 No Guarantee of Alternate Accommodations. If rooms at the discounted rate are unavailable at the time you attempt to book, you are responsible for securing your own lodging, at your own cost, at the hotel of your choosing.
15. FORCE MAJEURE & SUPERVENING EVENTS
15.1 Definition. Never Fold shall not be held responsible or liable for any delay, postponement, or failure to hold the Event to the extent caused by: (i) storm, flood, fire, earthquake, or other acts of God; (ii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest or violence; (iii) disease, epidemic, or pandemic; (iv) embargoes or blockades; (v) national or regional emergency; (vi) strikes, labor stoppages, or other industrial disturbances; (vii) any order or guidance from a governmental or quasi-governmental body, including regarding travel, public gatherings, or health and safety; (viii) disruptions in supply chains, hotel inventory, commercial air travel, or other public transportation; (ix) failure of carriers, utilities, or equipment beyond Never Fold’s reasonable control; (x) unavailability of the Venue through no fault of Never Fold; or (xi) other similar causes beyond Never Fold’s reasonable control (each, a “Supervening Event”).
15.2 Effect on the Event. If a Supervening Event prevents Never Fold from holding the Event as scheduled, Never Fold may, without liability, provide an alternative venue and/or reschedule the Event.
15.3 Store Credit if Not Rescheduled. If the Event cannot be rescheduled within one hundred eighty (180) days of the original date due to a Supervening Event, you will receive a store credit in the amount of your original purchase. This is the sole and exclusive remedy available to you in connection with a Supervening Event, notwithstanding the no-refund policy in Section 7.2.
16. INSURANCE
It is your sole responsibility to arrange any personal insurance appropriate or necessary in connection with your attendance at the Event.
17. PAYMENT AUTHORIZATION
By registering for the Event, you warrant that you have the authority to authorize charges to the credit card or other method of payment used. You understand and agree that Never Fold Collective, LLC is not liable, in any way, for erroneous bill statements or incorrect charges, and that should an error occur in billing or debiting, Never Fold Collective, LLC’s sole responsibility is to correct such error upon receipt of written notice of the error.
18. UNLAWFUL RESALE OF TICKETS & PROMOTIONS
Unlawful resale (or attempted resale) of any tickets is grounds for seizure, cancellation, and the issuance of a store credit. Certain maximum resale premiums and restrictions may apply in some states, and Never Fold Collective, LLC cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. Never Fold Collective, LLC reserves the right to restrict or deny ticket purchasing privileges to anyone determined to be, or to have been, in violation of these policies. Because Never Fold Collective, LLC does not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), you are strongly encouraged to purchase tickets directly through Never Fold Collective, LLC, its authorized affiliates, or licensees to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by an authorized officer of Never Fold Collective, LLC.
If you have purchased a suite or sponsor table at any Event, you must provide the names of all attendees; tickets may not be sold to any purchased suite or sponsor table. Tickets, sponsorships, and suites are nontransferable.
Any bulk purchase of tickets (five or more) is not eligible for resale. The names of the attendees for whom the tickets were purchased must be provided no later than ninety (90) days prior to the event. Failure to do so will result in the tickets being revoked, and the purchaser receiving a store credit for one-time use.
Any counterfeit or altered tickets will be seized immediately without compensation, and no entry will be permitted to the Event.
19. GOVERNING LAW & DISPUTE RESOLUTION
Any and all claims arising out of or relating to these Terms, your registration, or your attendance at or participation in any Never Fold Collective, LLC program or event shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any such claims shall be resolved through binding arbitration administered by the American Arbitration Association. Venue for arbitration, and for any matter not subject to arbitration, shall lie in Orange County, Florida.
20. AGE RESTRICTION
You may not use or engage with any Never Fold Collective, LLC program if you are under eighteen (18) years of age. By using or engaging with any Never Fold Collective, LLC program, you acknowledge and agree that you are not under the age of eighteen (18) years, or are of adult age in your jurisdiction. You also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the program.
21. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your Services.
22. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
23. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
24. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
25. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
26. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
27. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
28. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
29. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
30. PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. (Link to be updated on your end.)
31. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
32. PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
33. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Never Fold Collective, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
34. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Never Fold Collective, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
35. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
36. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or any of our subscription or membership programs.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
37. ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, and any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
38. CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
39. CONTACT INFORMATION
Questions about these Terms should be sent to us at hello@neverfoldcollective.com.
LAST UPDATED: 25 JULY 2026
Never Fold Collective, LLC
ADDENDUM A — MOBILE MESSAGE PROGRAM TERMS AND CONDITIONS
Last updated: 25 July 2026
Note: Never Fold Collective, LLC does not currently operate an SMS/text messaging program. This Addendum is provided for future use and will take effect only once Never Fold Collective, LLC begins offering mobile messaging and you have affirmatively opted in.
The Never Fold Collective, LLC mobile message program (the “Program”) is operated by Never Fold Collective, LLC (“we” or “us”). Your use of the Program constitutes your agreement to these terms and conditions (the “Mobile Terms”) and our Privacy Policy (together, the “Agreement”). By opting in to or participating in the Program, you accept and agree to these terms, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify any other Terms or Privacy Policy that may govern the relationship between you and us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
User Opt In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or application-based enrollment forms. By consenting to Never Fold Collective, LLC’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Never Fold Collective, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this Program in order to make any purchase, and your consent is not a condition of any purchase with Never Fold Collective, LLC. Your participation in this Program is completely voluntary.
User Opt Out
You may opt out of the Program at any time. Reply with the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT (or, if French speaking, ARRET, DESABONNER, ANNULER, or FIN), or click the unsubscribe link (where available) in any text message to opt out of the Program. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT (or French-language equivalent) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and you agree that Never Fold Collective, LLC and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including but not limited to texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
If you have subscribed to other Never Fold Collective, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Program support or assistance, reply HELP or email hello@neverfoldcollective.com. We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.
Program Description
Without limiting the scope of the Program, users who opt in can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of apparel, merchandise, gift cards, events, and our coaching programs.
Cost and Frequency
We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Message frequency varies. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Our Disclaimer of Warranty
The Program is offered on an “as-is” basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.
Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.
You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Program again with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.
Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Prohibited Content
You acknowledge and agree not to send any prohibited content over the platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion is received;
- Any content that implicates or references personal health information protected by HIPAA or HITECH;
- Any sensitive or special category personal data, including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, or sex life or sexual orientation data;
- Any personal data of individuals under 18 without parental consent;
- Any other content prohibited by applicable law in the jurisdiction from which the message is sent.
Dispute Resolution (SMS recipients in the USA only)
In the event of a dispute, claim, or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof — including the determination of the scope or applicability of this agreement to arbitrate — such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Orange County, Florida, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the State of Florida, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator meeting the same experience requirement. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except as provided in Section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
Except as may be required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section, or invalidate or render it unenforceable in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in the Program.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements to the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.